Helping you grow your business
Franchising is an increasingly popular way of growing businesses and with the right controls in place, it opens up huge opportunities for everyone involved.
Our specialist franchise solicitors can provide a deep understanding of the processes involved. All our franchising solicitors are aware of and keen to promote ethical franchising in accordance with the standards and rules promulgated by the British Franchising Association.
The concept of franchising is founded on the idea that a good business model can be replicated again and again. A business which has an established brand and is looking to expand its markets, or simply exploit its valuable intellectual property, can sell licences.
These enable others to use the business’ brand, trade marks, patents and to trade the same products and services in much the same way. That creates a franchise over which the original company – the head office – retains a significant level of control.
It is inevitable that the franchisor, in relinquishing autonomy, risks damaging its brand. Franchises which fail to meet standards can quickly cost a franchisor its reputation. So it’s crucial that careful thought is put into whether or not franchising is the right option for a particular business and if it’s decided that it is, the terms of any arrangement – to include training, supervision and monitoring of the franchisee – must be carefully drawn up.
About our Franchise Solicitors
Our intellectual property and franchise solicitors are experienced in valuing brands and advising on the pros and cons of franchising in respect of any type of UK or internationally-based enterprise. They work with potential franchisees, too, to help them understand the obligations, risks and opportunities offered up by a franchise.
They negotiate and draw up comprehensive franchise agreements and franchise renewal agreements and advise on franchise management strategies. They also advise on the intellectual property aspects of the sale of franchise businesses or shares in franchises.
Our franchising advice services include:
Advice to franchisors:
- Auditing franchise recruitment material – to reduce the risk of mis-selling and/or breach
- Franchise disputes
- Compliance issues and obtaining payment
- Intellectual property and brand protection
- Territorial rights and internet selling
- Advising on renewal
- Sale of franchises and associated documentation
- Termination of franchises
- Injunctions to seek compliance of restrictive covenants
- Drafting and advising on franchise agreements and related contractual documentation
Advice to franchisees:
- Due diligence and the role of the BFA
- Pre-contractual recruitment material and financials
- What does the contract mean
- Disputes, payment and franchisor’s obligations
- Termination, negotiating and drafting termination documentation
- What happens after termination – am I personally liable?
As our lawyers work for both sides, they understand the respective needs, viewpoints and bargaining positions of the two parties involved in any franchise deal.
"Outsourcing and IT projects are key areas of expertise at Nelsons Solicitors Limited, particularly in the technology sector, but the group is also adept at advising on software development agreements, licencing and maintenance agreements, and instructions from the e-commerce sector. Data protection law is another string to the team's bow, with advice on General Data Protection Regulation compliance in especially high demand."Legal 500