15 U.S.C. § 2803 — Trial and interim franchises

(a) The section 2802 rules do not apply when a franchise relationship is not renewed under (1) a trial franchise or (2) an interim franchise. (b) Definitions. (1) A “trial franchise” is a franchise entered on or after June 19, 1978, whose franchisee has never before been a party to a franchise with that franchisor, whose initial term is no more than one year, and which is written and clearly and prominently says: (i) it is a trial franchise; (ii) the initial term’s length; (iii) the franchisor may choose not to renew at the end of that term by notifying the franchisee under section 2804; and (iv) section 2802’s limits on nonrenewal do not apply. (2) “Trial franchise” does not include an unexpired part of a term of another kind of franchise transferred or assigned by a franchisee as allowed by the franchise or applicable State law. (3) An “interim franchise” is entered on or after June 19, 1978; its term, combined with all prior interim-franchise terms between the parties, is no more than three years; its effective date immediately follows a prior franchise for the premises that was not renewed based on the section 2802(b)(2)(E) determination and after that provision’s requirements were met; and it is written and clearly and prominently says (i) it is interim, (ii) its duration, and (iii) the franchisor may fail to renew at the end of that term based on a good-faith, normal-course decision to withdraw motor-fuel marketing through retail outlets in the relevant geographic market, if section 2802(b)(2)(E)(ii) and (iii) are met. (c) If section 2804’s notice rules are met, a franchisor may fail to renew (1) a trial franchise at the end of its initial term, or (2) an interim franchise at the end of its term if (A) the nonrenewal is based on the section 2802(b)(2)(E) determination and (B) section 2802(b)(2)(E)(ii) and (iii) are met.