New Franchises

We have over twenty years experience in preparing Franchise Agreements for new franchising ventures, for use both in UK and internationally.  We have prepared all types of Franchise Agreements from restaurants to retail shops, from mobile operations to travel agencies, from internet companies to dental practices.  Our clients have included Franchisors who are the biggest in their field in the UK and, in some instances, the biggest in the world in their industry.

We also prepare Franchise Agreements for renewals and review Franchise Agreements prepared by other law firms to update them for recent changes in the law.

Our Franchise Agreements are regularly approved by the British Franchise Association when our clients are seeking accreditation and re-accreditation to the BFA.

Franchising Disputes

Sales and Purchases of Franchise companies

We act for both Franchisors and Franchisees who wish to sell their businesses or the shares in their companies.  By becoming involved at an early stage we seek to reduce the legal fees payable in respect of the invariable negotiations on warranties and limitations on warranties by agreeing the extent and the limits on those in advance in Heads of Agreement.

Master Licensing (view)

We advise on Master Franchise Agreements for both incoming and outgoing Franchises.  We have long experience in negotiating favourable terms for either our Master Franchisor clients or our Master Franchisee clients.  Most of our incoming international clients come from USA, Canada, Australia, New Zealand or South Africa.  By way of example we recently advised a British based company on taking a master licence of a major New Zealand product.  We have also recently advised a US client in respect of establishing its German concept in UK.

To learn more of the basics of a Master Licence relationship for which click here

Area Development Agreements

Area Development Agreements are, in essence, framework agreements with one Franchisee for him or her to open multiple outlets for the same Franchisor.  They can involve an area of UK (or an area of a foreign country) or in some cases the whole of a foreign country.

By way of example, we recently advised a substantial Middle Eastern group who were entering into an Area Development Agreement in respect of an American owned Belgian concept for the whole of Spain.

International Franchising (view)

International Franchising is usually effected by one or other of either a Master Licence Agreement or an Area Development Agreement.

Alternatively a Franchisor may endeavour to franchise its System directly in the target country (although there can be logistical problems with this).

We have advised on international franchising for over twenty years and are the sole UK Representative of the International Franchise Lawyers Association [link] an association of expert Franchise lawyers throughout the world.

To learn more about the different methods of international franchising click here.

EU Law

EU Competition law can impact upon Franchises whether they operate only in UK or in a number of countries in Europe.  We have long experience in advising our clients on the effect of Article 81 of the Treaty of Rome and the two Block Exemptions which relate to Franchise Agreements.

Competition Law

UK Competition law can also impact upon franchises.  Again we have long experience in advising our clients on the effect of the Competition Act 1998 on Franchise Agreements and the interaction with EU Competition law.

Franchise Mediation

Wherever possible, if a dispute cannot be easily resolved, we endeavour to settle the Franchising dispute by recommending mediation.  This is a special procedure  whereby a trained mediator will discuss each side’s case confidentially with that side and endeavour by exploring with them the strengths and weaknesses of their case to bring the parties together.  This is a process which can save the parties a very substantial amount in legal fees and which is successful in more than 75% of cases.

Franchise Arbitration

The arbitration process is an alternative to Franchise litigation.  In the right circumstances it can provide a more convenient way of settling a case than going through the Courts.

Franchise Litigation

If all else fails the parties may resort to litigation.  We have long experience in applying to the High Court for interim injunctions to prevent Franchisees from competing after their Franchise Agreements have been terminated.  We also have long experience in conducting litigation for both Franchisors and large Groups of Franchisees in relation to misrepresentation and breach of contract claims.

Franchise Leasing

We also advise Franchisors and Franchisee in respect of leasing and sub-leasing commercial properties from which they will conduct their Franchises.