Ill. Admin. Code tit. 14, § 200.102 - Marketing Plan or System
a)
Marketing Plan or System within the meaning of Section 3(1)(a) of the Act means
advice given to the purchaser on how to sell the franchisor's product or
service.
b) Whether such a plan or
system is prescribed or suggested in substantial part by the franchisor within
the meaning of Section 3(1)(a) of the Act depends on the extent to which the
following assistance is provided by the franchisor: site selection, the grant
of an exclusive territory, assistance on constructing or remodeling or
decorating business premises, advice on fixtures or equipment or signs, advice
on dress, training programs, advice on business hours, limitations on products
or services to be sold, advertising assistance, suggested prices or credit
practices, customer relations advice, and warranty advice.
c) A marketing plan or system may be
prescribed or suggested in substantial part regardless of whether the
franchisee is an independent contractor and not the agent of the franchisor and
notwithstanding provisions of a franchise or other agreement purporting to
grant the franchisee complete freedom in operating its business.
Notes
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