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How do you know if you are in a franchise relationship and not say a distribution arrangement? Only a court can authoritatively determine if the relationship is a franchise or not. To do this it will use the provisions of Clause 5 of the Code.

Even where the exact nature of the relationship is indeterminate, parties can still agree to treat their relationship as a franchise to bring it under the Code and use the dispute resolution procedures available to resolve the conflict between them.