Franchising is an increasingly popular way of growing your business, but not everything always goes according to plan. We can help franchisors or franchisees if things go wrong.
What we do
We are an Affiliate Member firm of the bfa (British Franchise Association) with a wealth of practical experience, enabling us to provide a holistic service covering all legal aspects of franchising. As well as assisting when franchising disputes arise, we can also draft and advise on franchise agreements, assist with purchasing and selling franchises, and deal with property-related franchising issues.
If a franchise relationship does breaks down, we can assist the franchisor or the franchisee with resolving any dispute that arises over who is responsible for the failure of the franchise business. Common areas of dispute between a franchisor and a franchisee often include allegations that misrepresentations were made in relation to pre-contractual financial projections, alleged breaches of post-termination restrictive covenants, and alleged breaches of the non-compete obligations in the franchise agreement.
Before a potential dispute escalates, we can also provide advice on dispute avoidance strategies and policies, including advising on how best to deal with underperforming franchisees, and what a party’s termination rights are under the franchise agreement. We can also advise on issues indirectly related to the franchise relationship, such as intellectual property rights (IPR) disputes and brand protection issues.
We focus on helping the franchisor or franchisee resolve their disputes on a pragmatic and commercial basis, initially through either negotiation or Alternative Dispute Resolution (ADR) methods, as well as through Court proceedings where necessary.
Who we do it for
We act for both franchisors and franchisees in a variety of industries and markets, including areas as diverse as fast food services, children’s entertainment, hair and beauty, and pet care services.
If you are a new franchisor, we can help if you are thinking about developing a franchise method, and if you are an established franchisor, we can help with reviewing your existing franchise agreements and advising on your options in relation to renewal, termination and renegotiation, either before or after issues with franchisees arise.
If you are a franchisee and you consider that your franchisor has not lived up to its obligations under the franchise agreement, or you are being threatened with a potential claim or termination, we are here to help.