Utah Code 13-35-303 v2. Effect of terminating a franchise
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Terms Used In Utah Code 13-35-303 v2
- Executive director: means the executive director of the Department of Commerce. See Utah Code 13-35-102
- franchise agreement: means a written agreement, for a definite or indefinite period, in which:(5)(a) a person grants to another person a license to use a trade name, trademark, service mark, or related characteristic; and(5)(b) a community of interest exists in the marketing of new powersport vehicles, new powersport vehicle parts, and services related to the sale or lease of new powersport vehicles at wholesale or retail. See Utah Code 13-35-102
- Franchisee: means a person with whom a franchisor has agreed or permitted, in writing or in practice, to purchase, sell, or offer for sale new powersport vehicles manufactured, produced, represented, or distributed by the franchisor. See Utah Code 13-35-102
- Franchisor: means a person who has, in writing or in practice, agreed with or permits a franchisee to purchase, sell, or offer for sale new powersport vehicles manufactured, produced, represented, or distributed by the franchisor, and includes:(7)(a)(i) the manufacturer or distributor of the new powersport vehicles;(7)(a)(ii) an intermediate distributor;(7)(a)(iii) an agent, officer, or field or area representative of the franchisor; and(7)(a)(iv) a person who is affiliated with a manufacturer or a representative or who directly or indirectly through an intermediary is controlled by, or is under common control with the manufacturer. See Utah Code 13-35-102
- Line-make: means the powersport vehicles that are offered for sale, lease, or distribution under a common name, trademark, service mark, or brand name of the franchisor, or manufacturer of the powersport vehicle. See Utah Code 13-35-102
- Relevant market area: means :(13)(a) for a powersport dealership in a county that has a population of less than 225,000:(13)(a)(i) the county in which the powersport dealership exists or is to be established or relocated; and(13)(a)(ii) in addition to the county described in Subsection (13)(a)(i), the area within a 15-mile radius from the site of the existing, new, or relocated dealership; or(13)(b) for a powersport dealership in a county that has a population of 225,000 or more, the area within a 10-mile radius from the site of the existing, new, or relocated dealership. See Utah Code 13-35-102
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