47-25-1914 - Applicability of franchise provisions.

47-25-1914. Applicability of franchise provisions.

(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, the provisions of 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.

(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.

[Acts 2007, ch. 188, § 15.]