Disclaimer Agreement: By purchasing any of the “License plans” of Womsga Advertising Solutions, LLC at www.mywomsgabusinesslicense.com, Licensee agree that the license Agreement is not a franchise agreement, as such agreements are defined under the statutes and regulations of the United States and the State of New Jersey, and therefore that this Agreement is not subject to those statutes and regulations. Licensee and Licensor further agree that each will execute any documents and give any testimony which is necessary to avoid having this Agreement construed as a franchise agreement.
The Womsga Licensing Agreement is a license of a company trademark only, and is not a franchise. The parties intend and acknowledge that their relationship created by this Agreement or otherwise is not subject to the franchise laws of any state. TRADEMARK SUBLICENSE AGREEMENT This Trademark Sublicense Agreement (the “Agreement”) is entered into as of January 3, 2020 by Womsga Advertising Solutions, LLC, a company incorporated under the laws of Florida (hereinafter referred to alternatively as “Womsga” or “1800Womsga”) and Womsga Business Solutions. (Miramar), Ltd., a company organized under the laws of Florida (hereinafter referred to as “Sublicensee”).
Each party expressly agrees that it is not a franchisee of the other party. Each party waives the benefit of any law or regulation regarding franchises and each party represents and warrants that such waiver is irrevocable and enforceable by the other party.
Womsga Licensing Agreement shall not constitute a franchise agreement under Florida, New Jersey or any other state law within the Territory of the United States, and Canada. If the Parties’ relationship is deemed to be a franchise by a court of law or other judicial body, the Parties hereto expressly agree to waive all rights and remedies that either of them may have due to any status as a franchiser or franchisee or pursuant to the application of any franchise laws, rules or regulations.
The relationship created by this License Agreement does not constitute the granting of a franchise to the Licensee by the Grantor and no federal or provincial franchise statute, law, regulation or rule is intended to or has been applied by the parties, nor shall any such franchise, statute, law, regulation or rule be deemed or construed to apply to the formation, operation, administration or termination of this License Agreement.
You acknowledge and understand that the acceptance of these Terms and Conditions does not constitute the sale of a franchise or a distributorship, and that there are no exclusive territories granted to anyone, and that no franchise fees have been paid or collected, and that you are not acquiring any security interest.
No License in favor of the Licensed is created by this Agreement and WOMSGA is free to enter into agreements with other Licensees to allow them use of the System.
Nothing contained in this Agreement shall be construed to create a franchise or make either Party the franchisee of the other. Licensee hereby releases any claims that Company has violated any franchise/Licensing disclosure or other franchisor/licensing obligation in connection with the creation of this Agreement.
Licensee acknowledges it has not and will not pay any fee to Company, directly or indirectly, in connection with this Agreement, and Licensee shall not be considered or deemed a “franchisee” of the Company for any purpose whatsoever. This Agreement does not contemplate and does not require Licensee to establish or maintain a fixed place of business for the sale of the Company’s Services.
This License Agreement is a license of a copyright and intellectual property only, and is not a franchise. The parties intend and acknowledge that their relationship created by this License Agreement or otherwise is not subject to the franchise laws of any state.
Licensee acknowledges that, by entering into this licensing agreement, WOMSGA is not selling or granting to Licensee (or any applicable Affiliate) a franchise pursuant to any federal or state laws, codes or regulations.
Womsga Advertising Solutions, LLC, www.1800womsga.com, and www.womsga.com, and it’s apparent companies are not/ do not operate as a “Franchise”. Our “Licensees” obtain the legal rights, by our company, to re-sell our membership listings, and online services at the displayed costs, and retain all proceeds of their earnings. There is a 10% license fee deducted each month after the first year, and during the second year of the licensees term.
Franchises and licenses are both business agreements in which certain brand aspects are shared in exchange for a fee. However, a franchising agreement pertains to a business’s entire brand and operations, while a licensing agreement only applies to registered trademarks
Read more on the difference between Franchising Vs. Licensing Here