Our firm is an active Affiliate member of the British Franchise Association, the trade association which promotes ethical franchising in the UK. Ian Baker, the partner in charge of the department, has over 20 years’ experience of franchising, both from within franchised businesses and as an independent legal adviser.
For appropriate business systems (and there are many) “business format franchising” can be a win-win model for both franchisor and franchisee. The franchisor can benefit from more rapid and successful expansion by harnessing the energies of highly motivated owner-managers (the franchisees). The franchisees should benefit from access to a proven concept and valuable training, support and brand promotion throughout the life of the agreement.
However, to work successfully, the franchise business has to be very well organised and set up at the outset, and the parties have to work hard and co-operatively at optimising the business. We can provide commercial legal advice on all aspects of franchising and the franchise relationship.
For franchisors our services include:
- Advice on whether franchising is a suitable option;
- Review of the franchise business plan and promotional material, often in conjunction with consultants and accountants for the client, to test the reasonableness of the plan’s assumptions;
- Draft the key legal agreements such as the standard franchise agreement, software licences, confidentiality agreements;
- Advise on trade marks, copyright, design rights and other forms of brand protection.
For franchisees we can:
- Review the proposed franchise agreement and advise on the nature of the commitments to be entered into by the franchisee;
- Advise on purchase or resale of existing franchises;
- Deal with related matters such as property acquisitions or employment contracts for staff.
Ian Baker - Partner