(1) "Area franchise" means a contract or agreement between a franchisor and a subfranchisor whereby the subfranchisor is granted the right, for a valuable consideration, to sell or negotiate the sale of franchises in the name or on behalf of the franchisor.
(2) "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise.
(3) "Director" means Director of the Department of Consumer and Business Services.
(4) "Franchise" means a contract or agreement, whether oral or written, by which:
(a) A franchisee is granted the right to engage in the business of offering, selling or distributing goods or services under a marketing plan or system prescribed in substantial part by a franchisor;
(b) The operation of the franchisee’s business pursuant to such plan or system is substantially associated with the franchisor’s trademark, service mark, trade name, logotype, advertising or other commercial symbol designating the franchisor of such plan or system; and
(c) The franchisee is required to give to the franchisor a valuable consideration for the right to transact business pursuant to the plan or system. Payment for trading stamps in itself is not consideration for the right to transact business pursuant to a plan or system.
(5) "Franchisee" means a person to whom a franchise is sold by a franchisor.
(6) "Franchisor" means a person, including a subfranchisor, who sells a franchise for $100 or more to a franchisee or subfranchisor.
(7) "Offer" or "offer to sell" includes every attempt to offer to dispose of, or solicitation of an offer to buy, a franchise or interest in a franchise for value.
(8) "Sale" or "sell" includes every contract or agreement of sale of, contract to sell, or disposition of a franchise or interest in a franchise for value, but does not include the renewal or extension of an existing franchise without any material change in the terms thereof if there is no interruption in the operation of the franchised business by the franchisee.
(9) "Subfranchisor" means a person to whom an area franchise is sold by a franchisor. [1973 c.509 §1; 1987 c.414 §77; 1993 c.744 §16]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Chapter 650 - Franchise Transactions
Section 650.005 - Definitions for ORS 650.005 to 650.100.
Section 650.015 - When franchise sale or offer for sale is made in this state.
Section 650.055 - General duties and powers of director.
Section 650.057 - Orders issued under ORS 650.055.
Section 650.070 - Director as agent for service of process.
Section 650.075 - Manner of executing service of process; effect of initial service.
Section 650.095 - Civil penalties.
Section 650.120 - Definitions for ORS 650.120 to 650.170.
Section 650.123 - Use of protected dealer data; prohibitions; liabilities.
Section 650.130 - Prohibited conduct by manufacturer, distributor or importer.
Section 650.145 - Compensation due dealer upon termination of franchise.
Section 650.155 - Liability of manufacturer for damages to vehicles before delivery to carrier.
Section 650.165 - Prohibited franchise conditions.
Section 650.170 - Dealer’s remedy.
Section 650.200 - Definitions for ORS 650.200 to 650.250.
Section 650.205 - Prohibited conduct by franchisor.
Section 650.210 - Rights and prohibitions governing relationship between franchisor and franchisee.
Section 650.215 - Prohibited conduct in offer, sale or purchase of franchise.
Section 650.250 - Injunctive relief or damages; limitation on commencement of action; attorney fees.
Section 650.300 - Definitions for ORS 650.300 to 650.480.
Section 650.310 - Good cause; determination.
Section 650.320 - Dealership agreement.
Section 650.330 - Comparable terms and conditions; grantor sales to public.
Section 650.340 - Termination, cancellation or failure to renew; notice; grounds.
Section 650.350 - Dealer’s rights upon termination, cancellation or failure to renew.
Section 650.360 - Coercion prohibited.
Section 650.370 - Transfer by dealer.
Section 650.380 - Dealer’s successor.
Section 650.410 - Dealer’s warranty obligations.
Section 650.420 - Required disclosures.
Section 650.430 - Damaged or defective vehicles.
Section 650.440 - Grantor’s ownership, operation or control of dealership.
Section 650.450 - Indemnification; grantor and dealer.
Section 650.460 - Indemnification; warrantor and dealer.
Section 650.470 - Remedies; grantor and dealer; attorney fees.
Section 650.480 - Remedies; warrantor and dealer; attorney fees.