§ 523H.1 Definitions
§ 523H.2 Applicability
§ 523H.2A Applicability — limitation.
§ 523H.3 Jurisdiction and nonjudicial resolution of disputes
§ 523H.4 Waivers void
§ 523H.5 Transfer of franchise
§ 523H.6 Encroachment
§ 523H.7 Termination
§ 523H.8 Nonrenewal of a franchise
§ 523H.9 Franchisee’s right to associate.
§ 523H.10 Duty of good faith
§ 523H.11 Repurchase of assets
§ 523H.12 Independent sourcing
§ 523H.13 Private civil action
§ 523H.14 Choice of law
§ 523H.15 Construction with other law
§ 523H.16 Construction
§ 523H.17 Severability

Terms Used In Iowa Code > Chapter 523H - Franchises

  • Advertisement: means the attempt by dissemination, solicitation, or circulation to directly or indirectly induce any person to enter into any obligation or acquire any title or interest in land offered for sale or lease to the public in this state. See Iowa Code 543C.1
  • Affiliate: means a person controlling, controlled by, or under common control with another person, every officer or director of such a person, and every person occupying a similar status or performing similar functions. See Iowa Code 523H.1
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Child: includes child by adoption. See Iowa Code 4.1
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Franchise: means either of the following:
     (1) An oral or written agreement, either express or implied, which provides all of the following:
     (a) Grants the right to distribute goods or provide services under a marketing plan prescribed or suggested in substantial part by the franchisor. See Iowa Code 523H.1
  • Franchise fee: means a direct or indirect payment to purchase or operate a franchise. See Iowa Code 523H.1
  • Franchisee: means a person to whom a franchise is granted. See Iowa Code 523H.1
  • Franchisor: means a person who grants a franchise or master franchise, or an affiliate of such a person. See Iowa Code 523H.1
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Marketing plan: means a plan or system concerning a material aspect of conducting business. See Iowa Code 523H.1
  • Master franchise: means an agreement by which a person pays a franchisor for the right to sell or negotiate the sale of franchises. See Iowa Code 523H.1
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means a person as defined in section 4. See Iowa Code 523H.1
  • property: includes personal and real property. See Iowa Code 4.1
  • refiner: means any person engaged in the refining of crude oil to produce motor fuel, and includes any affiliate of such person. See Iowa Code 523H.1
  • Rule: includes "regulation". See Iowa Code 4.1
  • Sale: means any sale, offer for sale, or attempt to sell or lease any land, to the public in this state, for cash or on credit. See Iowa Code 543C.1
  • sell: means every contract or agreement of sale of, contract to sell or disposition of, a franchise or interest in a franchise for value. See Iowa Code 523H.1
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
  • Statute: A law passed by a legislature.
  • Subfranchisee: means a person who is granted a franchise from a subfranchisor. See Iowa Code 523H.1
  • Subfranchisor: means a person who is granted a master franchise. See Iowa Code 523H.1
  • United States: includes all the states. See Iowa Code 4.1
  • year: means twelve consecutive months. See Iowa Code 4.1