Franchising

Our Commercial & Company solicitors advise Franchisors and Franchisees on all aspects of franchising. 

How we can help

Our Commercial & Company lawyers regularly assist our clients in selling or acquiring a franchised business. A franchise relationship should be governed by a Franchise Agreement, covering, at least, the following:

  • The nature of the franchise / need for compliance
  • Territory of the franchise, i.e. the area it covers
  • The extent of the initial payment
  • To what does initial payment entitle the franchisee
  • The split of the initial payment split (e.g. fee? advertising? etc.)
  • Franchisee’s liability for royalty payments?
  • Minimum Guarantees, if relevant
  • Intellectual Property (“IP”) issues (please see also our IP section)
  • Conditions for termination
  • That the franchisee is satisfied with the elements the franchisor contracts to provide
  • The premises
  • How extensive the right of audit by the franchisor is
  • The position after the initial period of the franchise / transfer of the business
  • Restrictive covenants, i.e. restrictions after the franchise is ended

Our Commercial & Company lawyers will advise on the advantages and disadvantages of a franchise relationship in order that a informed decision can be made.

Our Commercial & Company Team

Caroline
Batko
Director, Head of Department & Solicitor
Caroline graduated from the University of the West of England in 2001 with an LLB (Honours) Law Degree…
David
Main
Consultant Solicitor
David graduated from Aberdeen University with two Law Degrees (1972 and 1974)…
Malcolm
MacDougall
Solicitor
Malcolm has a lengthy, commercial background in property and construction having graduated from Glasgow University with a Mechanical Engineering Degree…
Holly
Papworth
Solicitor
Holly graduated from Bournemouth University in 2020 with a BSc (Honours) in Forensic Biology, before completing her Graduate Diploma in Law at the University of Law Guildford in 2021…

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