407.1025. Definitions.

MISSOURI STATUTES AND CODES

Definitions.

407.1025. As used in sections 407.1025 to 407.1049, unless thecontext otherwise requires, the following terms mean:

(1) "Administrative hearing commission", the body established inchapter 621, RSMo, to conduct administrative hearings;

(2) "All-terrain vehicle", any motorized vehicle manufactured andused exclusively for off-highway use which is fifty inches or less inwidth, with an unladen dry weight of six hundred pounds or less, travelingon three, four or more low pressure tires, with a seat designed to bestraddled by the operator, and handlebars for steering control;

(3) "Coerce", to force a person to act in a given manner or to compelby pressure or threat but shall not be construed to include the following:

(a) Good faith recommendations, exposition, argument, persuasion orattempts at persuasion;

(b) Notice given in good faith to any franchisee of such franchisee'sviolation of terms or provisions of such franchise or contractualagreement;

(c) Any other conduct set forth in section 407.1043 as a defense toan action brought pursuant to sections 407.1025 to 407.1049; or

(d) Any other conduct set forth in sections 407.1025 to 407.1049 thatis permitted of the franchisor or is expressly excluded from coercion or aviolation of sections 407.1025 to 407.1049;

(4) "Franchise", a written arrangement or contract for a definite orindefinite period, in which a person grants to another person a license touse, or the right to grant to others a license to use, a trade name,trademark, service mark, or related characteristics, in which there is acommunity of interest in the marketing of goods or services, or both, atwholesale or retail, by agreement, lease or otherwise, and in which theoperation of the franchisee's business with respect to such franchise issubstantially reliant on the franchisor for the continued supply offranchised new motorcycles or all-terrain vehicles, parts and accessoriesfor sale at wholesale or retail;

(5) "Franchisee", a person to whom a franchise is granted;

(6) "Franchisor", a person who grants a franchise to another person;

(7) "Motorcycle", a motor vehicle operated on two wheels;

(8) "New", when referring to motorcycles or all-terrain vehicles orparts, means those motorcycles or all-terrain vehicles or parts which havenot been held except as inventory, as that term is defined in subdivision(4) of section 400.9-109, RSMo;

(9) "Person", a sole proprietor, partnership, corporation, or anyother form of business organization.