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11-2-125. Relationship between franchisee and franchisor — Definitions.
Arkansas Code — all titles (historical 2020) · legal_authorities
11-2-125. Relationship between franchisee and franchisor — Definitions.
(a) As used in this section:
(1) “Franchise” means a continuing commercial relationship or arrangement in which the terms of the offer or contract specify or the franchise seller promises or represents, orally or in writing, that:
(A) The franchisee shall obtain the right to operate a business that is identified or associated with the franchisor's trademark, or to offer, sell, or distribute goods, services, or commodities that are identified or associated with the franchisor's trademark;
(B) The franchisor will exert or has authority to exert a significant degree of control over the franchisee's method of operation, or provide significant assistance in the franchisee's method of operation; and
(C) As a condition of obtaining or commencing operation of the franchise, the franchisee makes a required payment or commits to make a required payment to the franchisor or its affiliate;
(2) “Franchisee” means a person that is granted a franchise;
(3) “Franchisor” means a person that grants a franchise and participates in the franchise relationship; and
(4) “Subfranchisor” means a person that functions as a franchisor by engaging in both presale activities and postsale performance.
(b) Notwithstanding a voluntary agreement entered into between the United States Department of Labor and a franchisee, neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor or subfranchisor.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 11-2-125
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:11-2-125
Source file: gov.ar.code.title.11.odt
Pages: Not recorded – Not recorded
Passage SHA-256: a967b6b32404a08d379630516d2f8c63b0b3f87155d386c6a4faa7017df47052
Source location: content.xml paragraph 468
Stored source content
11-2-125. Relationship between franchisee and franchisor — Definitions.
(a) As used in this section:
(1) “Franchise” means a continuing commercial relationship or arrangement in which the terms of the offer or contract specify or the franchise seller promises or represents, orally or in writing, that:
(A) The franchisee shall obtain the right to operate a business that is identified or associated with the franchisor's trademark, or to offer, sell, or distribute goods, services, or commodities that are identified or associated with the franchisor's trademark;
(B) The franchisor will exert or has authority to exert a significant degree of control over the franchisee's method of operation, or provide significant assistance in the franchisee's method of operation; and
(C) As a condition of obtaining or commencing operation of the franchise, the franchisee makes a required payment or commits to make a required payment to the franchisor or its affiliate;
(2) “Franchisee” means a person that is granted a franchise;
(3) “Franchisor” means a person that grants a franchise and participates in the franchise relationship; and
(4) “Subfranchisor” means a person that functions as a franchisor by engaging in both presale activities and postsale performance.
(b) Notwithstanding a voluntary agreement entered into between the United States Department of Labor and a franchisee, neither a franchisee nor a franchisee's employee shall be deemed to be an employee of the franchisor or subfranchisor.
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