(1)
(a) "Franchise agreement" means a written agreement that:
- (i) grants a franchisee the right to engage in a business of offering, selling, or distributing goods or services;
- (ii) grants the franchisee license to use a trademark, service mark, trade name, advertising, or other commercial symbol that the franchisor owns or leases; and
- (iii) requires the franchisee to pay a franchise fee.
- (b) "Franchise agreement" includes all written documents incorporated in the written agreement by reference.
(c) "Franchise agreement" does not include a sales and service agreement regulated by:
- (i) Chapter 14, New Automobile Franchise Act; or
- (ii) Title 29, Hotels and Hotel Keepers.
(2)
- (a) "Franchisee" means a person to which a franchisor grants a franchise.
(b) "Franchisee" does not include:
- (i) a person that is regulated by Chapter 14, New Automobile Franchise Act; or
- (ii) a person that is regulated by Title 29, Hotels and Hotel Keepers.
(3)
- (a) "Franchisor" means a person that grants a franchise to another person.
(b) "Franchisor" does not include:
- (i) a person that is regulated by Chapter 14, New Automobile Franchise Act;
- (ii) a person that is regulated by Title 29, Hotels and Hotel Keepers; or
- (iii) a person that is granting franchises for the right to operate businesses regulated by Title 29, Hotels and Hotel Keepers.
- (4) "Original franchise agreement" means the initial franchise agreement that the franchisee and franchisor sign.
- (5) "Religious day operation requirement" means any requirement that has the effect of requiring a franchisee to operate a franchise on a day when operating would conflict with the franchisee's sincerely held religious belief.
- (6) "Violation" means a franchisor's failure to comply with this chapter resulting in a court with jurisdiction imposing a civil penalty under Section 13-75-201 against the franchisor.
Enacted by Chapter 32, 2025 General Session