Title 15Commerce and TradeRelease 119-73

§2803 Trial and interim franchises

Title 15 › Chapter CHAPTER 55— - PETROLEUM MARKETING PRACTICES › Subchapter SUBCHAPTER I— - FRANCHISE PROTECTION › § 2803

Last updated Apr 6, 2026|Official source

Summary

A franchisor can choose not to renew certain short-term franchise agreements if they follow the notice rules in section 2804. A "trial franchise" is a written deal made on or after June 19, 1978 with a person who has not before had a franchise from that franchisor, lasts no more than 1 year, and clearly says it is a trial, shows the initial term, tells the franchisee the franchisor may not renew by giving the section 2804 notice, and says the usual limits of section 2802 do not apply. An "interim franchise" is a written deal made on or after June 19, 1978 whose length plus any earlier interim terms between the same parties does not exceed 3 years, and which begins right after a prior franchise at the same location was not renewed for the reasons in section 2802(b)(2)(E) and when that rule’s requirements were met. The interim agreement must say it is interim, state its length, and say the franchisor may not renew at the end if it, in good faith, is withdrawing from selling motor fuel in that local market and the conditions in section 2802(b)(2)(E)(ii) and (iii) are met. If the section 2804 notice rules are met, the franchisor may refuse to renew a trial at the end of its initial term or an interim at the end of its term when these conditions apply.

Full Legal Text

Title 15, §2803

Commerce and Trade — Source: USLM XML via OLRC

(a)The provisions of section 2802 of this title shall not apply to the nonrenewal of any franchise relationship—
(1)under a trial franchise; or
(2)under an interim franchise.
(b)For purposes of this section—
(1)The term “trial franchise” means any franchise—
(A)which is entered into on or after June 19, 1978;
(B)the franchisee of which has not previously been a party to a franchise with the franchisor;
(C)the initial term of which is for a period of not more than 1 year; and
(D)which is in writing and states clearly and conspicuously—
(i)that the franchise is a trial franchise;
(ii)the duration of the initial term of the franchise;
(iii)that the franchisor may fail to renew the franchise relationship at the conclusion of the initial term stated in the franchise by notifying the franchisee, in accordance with the provisions of section 2804 of this title, of the franchisor’s intention not to renew the franchise relationship; and
(iv)that the provisions of section 2802 of this title, limiting the right of a franchisor to fail to renew a franchise relationship, are not applicable to such trial franchise.
(2)The term “trial franchise” does not include any unexpired period of any term of any franchise (other than a trial franchise, as defined by paragraph (1)) which was transferred or assigned by a franchisee to the extent authorized by the provisions of the franchise or any applicable provision of State law which permits such transfer or assignment, without regard to any provision of the franchise.
(3)The term “interim franchise” means any franchise—
(A)which is entered into on or after June 19, 1978;
(B)the term of which, when combined with the terms of all prior interim franchises between the franchisor and the franchisee, does not exceed 3 years;
(C)the effective date of which occurs immediately after the expiration of a prior franchise, applicable to the marketing premises, which was not renewed if such nonrenewal—
(i)was based upon a determination described in section 2802(b)(2)(E) of this title, and
(ii)the requirements of section 2802(b)(2)(E) of this title were satisfied; and
(D)which is in writing and states clearly and conspicuously—
(i)that the franchise is an interim franchise;
(ii)the duration of the franchise; and
(iii)that the franchisor may fail to renew the franchise at the conclusion of the term stated in the franchise based upon a determination made by the franchisor in good faith and in the normal course of business to withdraw from the marketing of motor fuel through retail outlets in the relevant geographic market area in which the marketing premises are located if the requirements of section 2802(b)(2)(E)(ii) and (iii) of this title are satisfied.
(c)If the notification requirements of section 2804 of this title are met, any franchisor may fail to renew any franchise relationship—
(1)under any trial franchise, at the conclusion of the initial term of such trial franchise; and
(2)under any interim franchise, at the conclusion of the term of such interim franchise, if—
(A)such nonrenewal is based upon a determination described in section 2802(b)(2)(E) of this title; and
(B)the requirements of section 2802(b)(2)(E)(ii) and (iii) of this title are satisfied.

Reference

Citations & Metadata

Citation

15 U.S.C. § 2803

Title 15Commerce and Trade

Last Updated

Apr 6, 2026

Release point: 119-73