As used in this subchapter, unless the context otherwise requires:
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(1) “Franchisee” means a person to whom a restaurant franchise is granted;
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(2) “Franchisor” means a person who grants or has granted a restaurant franchise; and
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(3) “Restaurant franchise” means a contract or agreement, either express or implied, whether oral or written, between two (2) or more persons, by which:
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(A) A franchisee is granted the right to engage in the business of offering, selling, or distributing food or beverages intended or suitable for immediate consumption on or off the premises of the franchisee under a marketing plan or system prescribed in substantial part by a franchisor; and
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(B) Operation of the franchisee’s business pursuant to that plan or system is substantially associated with the franchisor’s trademark, service mark, trade name, logotype, advertising, or other commercial symbol designating the franchisor or its affiliate; and
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(C) The franchisee pays or is required to pay, directly or indirectly, a franchise fee.
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