Franchise Law

Franchise Law
We approach every issue creatively to achieve the best results

A franchise allows the franchisee to trade under the brand of the franchisor, following the franchisor’s proven business format. This allows brand owners to exploit their existing intellectual property and generate additional revenue without the commitment of further capital, as well as expanding the business into new territories with the benefit of the franchisee’s local knowledge. For the franchisee, a franchise lowers their risk through following a business model that has already been demonstrably successful elsewhere.

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What are Franchise Agreements?

Franchise agreements will often include a combination of:

  • Licensing of intellectual property rights (for example, trade marks, copyright-protected contents/materials, domains names and confidential business manuals);
  • General commercial provisions, such as restrictive covenants;
  • SaaS Ts & Cs. For example, where the franchisee is required to use the franchisor’s back-end systems;
  • A lease of premises from the franchisor to the franchisee;
  • Terms governing the sale of physical products by the franchisor to the franchisee.

In some cases, a franchisor will grant a master franchise whereby the master franchisee is licensed to grant sub-franchises in a particular region.

How Barnes Law can help you?

Our team has extensive franchise experience to assist in drafting and negotiating franchise agreements. However, we provide a truly holistic service; we have specialists who can be called upon to advise on every specific issue that may arise in negotiations or during the course of the franchise relationship. For example, intellectual property law, data protection law and commercial property law specialists as well as a team of litigators.

Furthermore, with our extensive network of overseas associate firms, we can also seamlessly deal with any related foreign aspects of our clients’ matters. For example, disputes with a foreign franchisee and overseas trade mark licence recordals. (In some jurisdictions, licence recordals can be crucial to ensure (for example) that the franchisor does not lose its registered trade marks if they are ‘attacked’ for non-use.)

For more information about how our team can assist you with your franchise contract needs, please do not hesitate to contact us on +44 (0) 208 092 2700 or or click the link below.

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