Ohio § 1334.12

§ 1334.12.

Sections 1334.01 to 1334.15 of the Revised Code do not apply to: (A) The relationship between an employer and an employee, or among general business partners; (B) Membership in a bona fide cooperative association of producers of agricultural products

authorized by section 1 of the “Capper-Volstead Act,” 42 Stat. 388 (1922), 7 U.S.C. 291 ;  or an organization, operated on a cooperative basis by and for independent retailers,

which wholesales goods or furnishes services primarily to its member-retailers; (C) An agreement for the use of a trademark, service mark, trade name, seal, advertising,

or other commercial symbol designating a person who offers a bona fide service for

the evaluation, testing, or certification of goods, commodities, or services; (D) An agreement between a licensor and a single licensee to license a trademark, trade

name, service mark, advertising, or other commercial symbol where such license is

the only one of its general nature and type to be granted by the licensor with respect

to that trademark, trade name, service mark, advertising or other commercial symbol; (E) The transfer of a registered security, as defined by division (B) of section 1707.01 of the Revised Code ; (F) Any transaction in which either the seller or purchaser is licensed pursuant to and

the transaction is governed by Chapter 4735. of the Revised Code; (G) A publisher, broadcaster, printer, or other person engaged in the dissemination of

information or the reproduction of printed or pictorial matter insofar as the information

or matter has been disseminated or reproduced on behalf of others without knowledge

that it violates sections 1334.01 to 1334.15 of the Revised Code ; (H) A license granted by a general merchandise retailer that allows the licensee to sell

goods or services to the general public under the retailer's trademark, trade name,

or service mark, advertising, or other commercial symbol if the general merchandise

retailer has been doing business in this state continuously for five years prior to

the granting of the license and the general merchandise retailer also sells the same

goods or services directly to the general public; (I) The sale of a business which for at least six months previous to the sale has: (1) Been operated from a given specific location; (2) Been open for business to the general public; (3) Had all equipment and supplies necessary for operating the business located at the

specific location. (J) The sale or lease of goods or services to a purchaser who also offers, sells, or

distributes other goods or services that are not: (1) Supplied by the seller or other person enumerated in division (D)(1) of section 1334.01 of the Revised Code ;  or (2) Utilized with the goods or services supplied by the seller or other person enumerated

in division (D)(1) of section 1334.01 of the Revised Code . (K) An agreement permitting a person to offer, sell, or distribute goods or services

on or about premises occupied by a retailer-grantor primarily for the retailer-grantor's

own merchandising activities, where the goods or services are not purchased from the

retailer-grantor or persons with whom the lessee is required or advised to do business

by the retailer-grantor. (L) A seller who has both of the following: (1)(a) A net worth on a consolidated basis, according to its most recent audited financial

statement, of not less than fifteen million dollars; (b) A net worth, according to its most recent audited financial statement, of not less

than one million dollars and the seller is at least eighty per cent owned by a corporation

which has a net worth on a consolidated basis, according to its most recent audited

financial statement, of not less than fifteen million dollars; (2) Had at least twenty-five purchasers conducting business at all times during the five-year

period immediately preceding the sale or lease of the business opportunity plan, or

has conducted the business which is the subject of the business opportunity plan continuously

for not less than five years preceding the sale or lease of the business opportunity

plan. (M) The sale or lease of goods or services to a purchaser who has for at least six months

previously, bought goods or services which were sold under the same trademark or trade

name, or which were produced by the seller and received on resale of such goods or

services an amount at least equal to the amount of the initial payment or promissory

note. (N) The renewal or extension of an existing business opportunity plan, provided the original

agreement was for at least one year.