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.
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 (IP), 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
At Nelsons, 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 IP aspects of the sale of franchise businesses or shares in franchises.
Our 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
- IP 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 British Franchise Association (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 solicitors work for both franchisors and franchisees, they understand the respective needs, viewpoints and bargaining positions of the two parties involved in any franchise deal.
For more information about our franchise services for businesses, contact our specialist team in Derby, Leicester and Nottingham via our online form or call 0800 024 1976 for a guaranteed response.
"Nelsons Solicitors Limited is sought out to advise on outsourcing and IT projects, software development, licensing and maintenance. Harpreet Sandhu heads up the non-contentious IT practice, while Emma Ward leads the contentious IT/IP offering. Sandhu has a high level of expertise in GDPR matters and regularly speaks at events on GDPR compliance."Legal 500
"An approachable team with comprehensive knowledge, which works in an efficient manner."Client Feedback
"All team members respond to questions with clarity and without delay…"Client Feedback
"With a range of clients that includes SMEs, public companies and owner managed businesses, Nelsons Solicitors Limited is particularly strong in M&A, corporate restructurings and drafting commercial contracts."Legal 500
"The team at Nelsons is very helpful, supportive and prompt in responding to any problems."Client Feedback