Legal Q&A · Commercial Contracts

What documents do I sign when buying a franchise?

Law as at 11 August 2026

Short answer

Almost never just one document. Alongside the franchise agreement, you sign acknowledgment of the operating manual, a lease or sublease of the premises and security documents, most commonly a blank promissory note with a completion agreement, personally guaranteed by a member of the franchisee company. Sometimes documents for a joint company with the franchisor are added. The package can only be assessed as a whole because the documents refer to one another.

Why there is more than one agreement

Franchising is not regulated as a specific contract type. It is agreed as an unnamed contract under Section 269(2) of the Slovak Commercial Code, or Section 1746(2) of the Czech Civil Code. The parties must therefore agree everything themselves; there is no specific statutory regime to fill the gaps. Established networks have gradually developed document packages in which each document addresses a different concern. Anyone signing only the main agreement and leaving the schedules to be ‘added later’ is usually committing to the essentials without seeing them.

The typical package

Franchise agreement. This covers licensing of the system, brand and know-how, territory, fees, operating standards and termination rules. It often prohibits sub-franchising and expressly states that the franchisee is an independent entrepreneur, rather than the franchisor’s representative or employee.

Operating manual. In most networks, this is a separate document that the agreement declares binding and confidential and that the franchisor may update unilaterally. If you have not seen it before signing, you have committed to unknown content. See whether the franchisor may change the manual without your consent for more detail.

Lease or sublease of the premises. Several structures are possible, and each affects who keeps the location after the relationship ends. If the franchisor holds the main lease and sublets the premises to you, the premises remain with the network. If you contract directly with the owner, you keep the lease on leaving, unless the franchisor has agreed a right to step into it or take an assignment.

Security. The most common instrument is a blank promissory note, signed while incomplete, together with an agreement governing its completion. That agreement specifies when and up to what amount the franchisor may complete it. Very often a member of the franchisee company also signs personally as an aval guarantor alongside the franchisee, so the security reaches beyond the company into private assets. Spousal consent is often attached.

Joint company documents. If you operate jointly with the franchisor, a memorandum of association and a members’ agreement are added.

What to ask before signing

Request the entire package at once and read it as a whole: the documents cross-refer and alter one another’s meaning. In particular, check when the security ends. The agreement should state that once all claims are paid, the note will be returned or cancelled. Otherwise, your signed note remains in circulation even after the relationship ends.

How we can help

We assess the complete package and explain what you are actually undertaking, including which commitments reach your private assets. If you are granting a franchise, we prepare franchise documentation that can withstand scrutiny by the other party’s lawyer. For an individual document, our contract review service can also help.

This answer provides general information on the law as at 11 August 2026. It does not constitute legal services or replace an assessment of an individual case. The details of your situation may differ. Book a consultation to discuss them.

More legal questions

All questions and answers
  1. When do our standard terms actually become part of the agreement? When the other party knows them or received them with the proposed agreement. The Commercial Code permits part of an agreement's contents to be set by reference to standard terms, but only if the parties know them or they are attached to the offer. In a dispute, the party relying on them must prove this. Publishing them online alone is insufficient. Every agreement and order should identify the terms precisely and confirm receipt; if both parties exchange their own terms, the conflict must be resolved expressly.
  2. Our agreement is in Slovak and English. Which version applies if the texts differ? It is advisable to designate the prevailing text expressly, but statutory rules and the dispute forum must always be considered. Under Section 8(5) of the State Language Act, the state-language version of an agreement applies in the event of ambiguity or inconsistency in proceedings before the authorities and legal entities specified in Section 3(1). Outside this specific rule, the agreement's meaning is assessed under the governing law and applicable interpretation rules; expert examination of the translation is not automatically required.
  3. How do we sell goods with retention of title so we do not lose them before payment? Agree it in writing in the sale agreement, framework agreement or properly incorporated standard terms. Without it, the buyer acquires ownership on delivery, leaving you only a claim if payment is not made. Retention keeps ownership with you until full payment, especially valuable in the buyer's bankruptcy. Risk of damage still passes on receipt regardless of retained title, so also require insurance and prohibit further disposal.
  4. Our commercial agency agreement has ended. Is the agent still entitled to commission on later transactions? Possibly. The Commercial Code grants commission after termination where a transaction results mainly from the agent's activity and takes place within a reasonable period, or where the third party's order arrived before termination. This rule can be varied or excluded by agreement. Alongside it, however, the indemnity under Section 669 is mandatory and cannot be waived in advance. The agent must assert that right within one year of termination.

Cannot find your question? Ask your own question

Facing this situation?

Tell us what you need help with.

Describe your situation. We will review it and tell you within 24 hours whether and how we can help, including an indicative fee.

  1. 1Send your enquiry via this form
  2. 2Within 24 h you get a price confirmation and plan
  3. 3We start work only after your approval
Mgr. Patrik Tulinský, LL.M. Czech and Slovak attorney · SAK 300422 · ČAK 19654

Not keen on calls or email? Message us on WhatsApp →
Prefer to book a time right away? Book a consultation →
Or email us about this matter.

PDF, Word, images, ZIP… max 10 MB per file, 30 MB total.

Submitting this form does not create an engagement or attorney-client relationship. Before taking on a matter we run a conflict-of-interest check, so please do not send sensitive originals until we confirm the matter together.

Contact a lawyer