Definitions

(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.