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Ohio Revised Code

Ohio Rev. Code § 1334.06 (2026)

Written agreements - contents

✓ current as of May 2026
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Effective:
September 28, 2012
Latest Legislation:
Senate Bill 196 - 129th General Assembly
PDF:
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(A) Every agreement selling or leasing a business opportunity plan shall be in writing and a copy of the executed agreement and all other documents the seller requires the purchaser to sign shall be given to the purchaser at the time they are signed. The agreement shall contain at least the following:

(1) The terms and conditions of payment including the initial payment or the promissory note, additional payments, and down payment required;

(2) A full description of the acts or services the seller will undertake to perform for the purchaser;

(3) The seller's principal business address and the name and address of its agent authorized to receive service of process in this state;

(4) The business form of the seller, whether corporate, partnership, or otherwise;

(5) The delivery date of the goods the seller is to deliver to the purchaser to begin operation of the business opportunity plan and the location for delivery;

(6) A complete description of the buy-back or security arrangement, if any;

(7) Notice of the purchaser's right to cancel the agreement in at least ten-point boldface type, in the following form and in close proximity to the space reserved in the agreement for the signature of the purchaser:

"You, the purchaser, may cancel this transaction at any time prior to midnight of the fifth business day after the date you sign this agreement. See the attached notice of cancellation for an explanation of this right."

(B) A completed form, in duplicate, captioned "notice of cancellation," shall be attached to the agreement signed by the purchaser and be easily detachable and shall contain in ten-point boldface type, the following statement:

"Notice of cancellation

___________________ (Enter date of transaction)

You may cancel this transaction, without penalty or obligation, within five business days from the above date. If you cancel, any payments made by you under the agreement, and any negotiable instrument executed by you will be returned within ten business days following the seller's receipt of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your business address all goods delivered to you under this agreement; or you may if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller's expense and risk. If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of them without further obligation. If you fail to make the goods available to the seller, or if you agree to return them to the seller and fail to do so, then you remain liable for the performance of all obligations under this agreement. To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to (name of seller), at (address of seller's place of business), or send a fax to (name of seller) at (seller's facsimile number) or an e-mail to (name of seller) at (seller's electronic mail address), not later than midnight of (enter date).

I hereby cancel this transaction.

____________________________ ___________________________

(Date) (Purchaser's signature)"

(C) Before furnishing copies of the notice of cancellation to the purchaser, the seller shall complete both copies by entering the name of the seller, the address of the seller's place of business, the date of the agreement, and the date of the last day on which the purchaser may cancel.

(D) In connection with the sale or lease of a business opportunity plan, no seller shall:

(1) Fail to integrate into the written agreement all material statements, representations, or promises that were made orally prior to execution of the written agreement by the seller to the purchaser and were not integrated into any other written document previously provided to the purchaser by the seller;

(2) Include in any agreement, any confession of judgment or any waiver of any rights to which the purchaser is entitled under sections 1334.01 to 1334.15 of the Revised Code, including specifically the right to cancel the agreement in accordance with this section and section 1334.05 of the Revised Code;

(3) Fail to inform each purchaser orally, at the time an agreement is signed, of the right to cancel;

(4) Misrepresent in any manner the purchaser's right to cancel;

(5) Fail or refuse to honor any valid notice of cancellation by a purchaser and within ten business days after receipt of the notice to:

(a) Refund all payments made under the agreement;

(b) Cancel and return any note, negotiable instrument, or other evidence of indebtedness executed by the purchaser in connection with the agreement and take any action necessary to reflect the termination of any security interest or lien created under the agreement;

(c) Notify the purchaser if the seller intends to repossess or abandon any goods delivered to the purchaser.

(6) Negotiate, transfer, sell, or assign any note or other evidence of indebtedness during the time within which a purchaser may cancel;

(7) Commence delivery of any goods or provide any services during the time within which the purchaser may cancel.

(E) In connection with the sale or lease of a business opportunity plan, any provision in an agreement restricting jurisdiction or venue to a forum outside of this state, or requiring the application of laws of another state, is void with respect to a claim otherwise enforceable under sections 1334.01 to 1334.15 of the Revised Code.
Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1994–2021 · leading case: ry/eh, Inc. v. Arthur Treacher's, Inc., 685 N.E.2d 316 (Ohio Ct. App. 1996).
Sort: Relevance Newest Treatment
ry/eh, Inc. v. Arthur Treacher's, Inc., 685 N.E.2d 316 (Ohio Ct. App. 1996). · cites it 9× “R.C. 1334.06 provides: “(A) Every agreement selling or leasing a business opportunity plan shall be in writing and a copy of the executed agreement and all other documents the seller requires the purchaser to sign shall be given to the purchaser at the time they are signed.”
Mancz v. McHenry, 2021 Ohio 82 (Ohio Ct. App. 2021). · cites it 3× “{¶ 50} Under R.C. 1334.06(A), a transfer made by a debtor is fraudulent if the transfer is made (1) “with actual intent to hinder, delay, or defraud any creditor of the debtor” or (2) without receiving a “reasonably equivalent value” where additional circumstances exist.”
Saydell v. Geppetto's Pizza & Ribs Franchise Sys., Inc., 652 N.E.2d 218 (Ohio Ct. App. 1994). · cites it 2× “R.C. 1334.06 3 defines the required contents of business opportunity plan agreements.”
Dayton Title Agency, Inc. v. White Fam. Companies (In Re Dayton Title Agency, Inc.), 262 B.R. 719 (Bankr. S.D. Ohio 2001). · cites it 2× “Dayton Title received no reasonably equivalent value in exchange for the transfer of funds to WFC and Wenrick In order to prevail on its fraudulent transfer claim under Ohio’s UFTA, Dayton Title must further establish that it received nothing of reasonably equivalent value in…”
Henderson v. SMC Prods., Inc., 2019 Ohio 5275 (Ohio Ct. App. 2019). · cites it 2× “{¶ 58} Further, despite appellants’ claims, we do not find the forum-selection clause conflicts with R.C. 1334.06(E), 1334.15(A) and 1334.10(A).”
Nicholson v. Log Sys., Inc., 713 N.E.2d 510 (Ohio Ct. App. 1998). · cites it 2× “Nicholson also argues that forum selection clauses of this kind are prohibited by R.C. 1334.06(E)(2). That section states that no seller shall “[i]nclude in any agreement, any confession of judgment or any waiver of any rights to which the purchaser is entitled under sections…”
Burger Dynasty, Inc. v. Bar 145 Franchising, L.L.C., 2019 Ohio 4006 (Ohio Ct. App. 2019). · cites it 4× “The only other Ohio case interpreting this statute permitted the filing of a lawsuit to serve as written notice under R.C. 1334.06(A). In RH/EY, Inc. v. Treachers, 115 Ohio App.”
Scarso Enter., Inc. v. Honor Yoga Mgmt., LLC (N.D. Ohio 2020). · cites it 2× “”46 When evaluating forum-selection clause enforceability, the Court considers the following factors: “(1) whether the clause was obtained by fraud, duress, or other unconscionable means; (2) whether the designated forum would ineffectively or unfairly handle the suit; and (3)…”
Jori, L.L.C. v. B2B Internatl., L.L.C., 2018 Ohio 1216 (Ohio Ct. App. 2018). “” {¶25} R.C. 1334.06(B) indicates that every agreement selling or leasing a business opportunity plan shall be in writing and the seller is required to provide the buyer with a five-day cancellation right.”
— Ohio Rev. Code § 1334.06(A) — 3 cases
Mancz v. McHenry, 2021 Ohio 82 (Ohio Ct. App. 2021). “{¶ 50} Under R.C. 1334.06(A), a transfer made by a debtor is fraudulent if the transfer is made (1) “with actual intent to hinder, delay, or defraud any creditor of the debtor” or (2) without receiving a “reasonably equivalent value” where additional circumstances exist.”
ry/eh, Inc. v. Arthur Treacher's, Inc., 685 N.E.2d 316 (Ohio Ct. App. 1996). “R.C. 1334.06 provides: “(A) Every agreement selling or leasing a business opportunity plan shall be in writing and a copy of the executed agreement and all other documents the seller requires the purchaser to sign shall be given to the purchaser at the time they are signed.”
Burger Dynasty, Inc. v. Bar 145 Franchising, L.L.C., 2019 Ohio 4006 (Ohio Ct. App. 2019). “The only other Ohio case interpreting this statute permitted the filing of a lawsuit to serve as written notice under R.C. 1334.06(A). In RH/EY, Inc. v. Treachers, 115 Ohio App.”
— Ohio Rev. Code § 1334.06(A)(2) — 1 case
Dayton Title Agency, Inc. v. White Fam. Companies (In Re Dayton Title Agency, Inc.), 262 B.R. 719 (Bankr. S.D. Ohio 2001). “Dayton Title received no reasonably equivalent value in exchange for the transfer of funds to WFC and Wenrick In order to prevail on its fraudulent transfer claim under Ohio’s UFTA, Dayton Title must further establish that it received nothing of reasonably equivalent value in…”
— Ohio Rev. Code § 1334.06(A)(7) — 1 case
ry/eh, Inc. v. Arthur Treacher's, Inc., 685 N.E.2d 316 (Ohio Ct. App. 1996). “R.C. 1334.06 provides: “(A) Every agreement selling or leasing a business opportunity plan shall be in writing and a copy of the executed agreement and all other documents the seller requires the purchaser to sign shall be given to the purchaser at the time they are signed.”
— Ohio Rev. Code § 1334.06(B) — 2 cases
Mancz v. McHenry, 2021 Ohio 82 (Ohio Ct. App. 2021). “{¶ 50} Under R.C. 1334.06(A), a transfer made by a debtor is fraudulent if the transfer is made (1) “with actual intent to hinder, delay, or defraud any creditor of the debtor” or (2) without receiving a “reasonably equivalent value” where additional circumstances exist.”
Jori, L.L.C. v. B2B Internatl., L.L.C., 2018 Ohio 1216 (Ohio Ct. App. 2018). “” {¶25} R.C. 1334.06(B) indicates that every agreement selling or leasing a business opportunity plan shall be in writing and the seller is required to provide the buyer with a five-day cancellation right.”
— Ohio Rev. Code § 1334.06(D) — 1 case
ry/eh, Inc. v. Arthur Treacher's, Inc., 685 N.E.2d 316 (Ohio Ct. App. 1996). “R.C. 1334.06 provides: “(A) Every agreement selling or leasing a business opportunity plan shall be in writing and a copy of the executed agreement and all other documents the seller requires the purchaser to sign shall be given to the purchaser at the time they are signed.”
— Ohio Rev. Code § 1334.06(E) — 2 cases
Henderson v. SMC Prods., Inc., 2019 Ohio 5275 (Ohio Ct. App. 2019). “{¶ 58} Further, despite appellants’ claims, we do not find the forum-selection clause conflicts with R.C. 1334.06(E), 1334.15(A) and 1334.10(A).”
Scarso Enter., Inc. v. Honor Yoga Mgmt., LLC (N.D. Ohio 2020). “”46 When evaluating forum-selection clause enforceability, the Court considers the following factors: “(1) whether the clause was obtained by fraud, duress, or other unconscionable means; (2) whether the designated forum would ineffectively or unfairly handle the suit; and (3)…”
— Ohio Rev. Code § 1334.06(E)(2) — 1 case
Nicholson v. Log Sys., Inc., 713 N.E.2d 510 (Ohio Ct. App. 1998). “Nicholson also argues that forum selection clauses of this kind are prohibited by R.C. 1334.06(E)(2). That section states that no seller shall “[i]nclude in any agreement, any confession of judgment or any waiver of any rights to which the purchaser is entitled under sections…”
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