13-75 - Franchise Protection Act
Title 13 > 13-75
Sections (2)
General Provisions
13-75-101 - Definitions.
(1) “Franchise agreement” means a written agreement that:grants a franchisee the right to engage in a business of offering, selling, or distributing goods or services;grants the franchisee license to use a trademark, service mark, trade name, advertising, or other commercial symbol that the franchisor owns or leases; andrequires the franchisee to pay a franchise fee.”Franchise agreement” includes all written documents incorporated in the written agreement by reference.”Franchise agreement” does not include a sales and service agreement regulated by:Chapter 14, New Automobile Franchise Act; orTitle 29, Hotels and Hotel Keepers.
(2) “Franchisee” means a person to which a franchisor grants a franchise.”Franchisee” does not include:a person that is regulated by Chapter 14, New Automobile Franchise Act; ora person that is regulated by Title 29, Hotels and Hotel Keepers.
(3) “Franchisor” means a person that grants a franchise to another person.”Franchisor” does not include:a person that is regulated by Chapter 14, New Automobile Franchise Act;a person that is regulated by Title 29, Hotels and Hotel Keepers; ora person that is granting franchises for the right to operate businesses regulated by Title 29, Hotels and Hotel Keepers.
(4) “Original franchise agreement” means the initial franchise agreement that the franchisee and franchisor sign.
(5) “Religious day operation requirement” means any requirement that has the effect of requiring a franchisee to operate a franchise on a day when operating would conflict with the franchisee’s sincerely held religious belief.
(6) “Violation” means a franchisor’s failure to comply with this chapter resulting in a court with jurisdiction imposing a civil penalty under Section 13-75-201 against the franchisor.
Enacted by Chapter 32, 2025 General Session
Franchisee Protection
13-75-201 - Franchisee religious day operation protection.
(1) Except as provided in Subsection (2), when a franchisee asserts a sincerely held religious belief, a franchisor may not:unilaterally impose a religious day operation requirement;require a franchisee to accept a religious day operation requirement as a part of an amendment to the franchise agreement; orrefuse to renew a franchise agreement based solely on a franchisee’s failure to comply with a religious day operation requirement.
(2) Subsection (1) does not apply when:the original franchise agreement provides a religious day operation requirement;the franchisee agrees through a renewal or an amendment to the franchise agreement to a religious day operation requirement; orthe franchisor and the franchisee enter into a franchise agreement to develop an additional franchise location that contains a religious day operation requirement.
(3) The protections provided in Subsection (1) are not transferable.
(4) If a court with jurisdiction finds reasonable cause to believe that a franchisor violated Subsection (1), the court may order:actual damages, reasonable attorney fees, and costs to the franchisee;a permanent or temporary injunction, a temporary restraining order, or other appropriate order; andcivil penalties against the franchisor in an amount not exceeding:25,000 for a second violation within three years after the day on which the franchisee filed the complaint for the first violation; or$50,000 for a violation subsequent to a second violation within five years after the day on which the franchisee filed the complaint for the first violation.
Enacted by Chapter 32, 2025 General Session