(a) Franchise agreements are included in the definition of retail agreements in this part. Although all franchise agreements are considered retail agreements, not every retail agreement constitutes a franchise. Where a relationship qualifies as a franchise under part 15 of this chapter, part 15 shall apply to such franchises. Part 15 of this chapter shall not apply to the retail agreements contained in this part unless the agreement constitutes a franchise.

Terms Used In Tennessee Code 47-25-1914

  • franchise agreement: means a written or oral agreement for a definite or indefinite period, in which a person grants to another person authority to use a trade name, trademark, service mark or related characteristic within an exclusive territory, or to sell or distribute goods or services, within an exclusive territory, at wholesale, retail, by lease agreement or otherwise. See Tennessee Code 47-25-1902
  • Retail agreement: means an agreement, including a franchise agreement that meets the requirements of a retail agreement, whether express, implied, oral, or written, between two (2) or more persons:
    (A) By which a person receives the right to:
    (i) Sell or lease inventory or services at retail or wholesale. See Tennessee Code 47-25-1902
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b) This part is remedial and supplementary to any other law of this state that provides rights and protections to franchisees.
(c) The provisions of this part that provide procedural or substantive protection to any party to a franchise agreement prior to termination or nonrenewal of the franchise agreement shall be effective and supplementary to part 15 of this chapter, where applicable.
(d) In the event a conflict with respect to franchises exists between part 15 of this chapter and this part, part 15 shall control.
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