Franchising

How we can help:

1. Advise you on whether or not the franchising model is right for you.
2. Drafting the franchising documentation for franchisors including confidentiality agreements, intent to proceed agreement, franchise agreement, and deposit agreement.
3. Review of franchise agreement and documentation for franchisors. Franchising agreements form the basis of the relationship between franchisor and franchisee, so it’s important to get the right legal advice from the outset. Our lawyers can draft new franchising agreements from scratch or update existing ones to ensure they are still fit for purpose. We can advise you on common franchising issues such as buy-back clauses, deposit agreements, leases and more.
4. Bringing or defending clients in franchising disputes in the courts.
5. Resolving franchising disputes through alternative dispute resolution. Our franchising team has significant experience in helping franchisees and franchisors resolve franchising disputes. Our experience includes:
   • Cooked meals franchise buy out: We acted on behalf of the buyer for the buyout of a franchise business, which included the negotiated termination of a franchise agreement by mutual consent.
   • Second-hand retail franchisee exit: We acted on behalf of a franchisee seeking to exit a franchise. We negotiated an early termination of the franchise agreement on favourable terms for the franchisee which enabled them to continue to trade in the area post termination.
   • Conflicts of law issues: This concerned a dispute which arose when the Franchisor sought to terminate, with immediate effect, the Master Licence Agreement for the Republic of Ireland. Proceedings were commenced in Ireland by the Franchisee and in England by the Franchisor. There was a dispute over jurisdiction and we had to act fast to instruct Counsel and advise the client on the issues. The client’s preference was proceedings continue in Ireland and the English proceedings were ultimately stayed, without waiving the right to challenge jurisdiction, in order to preserve our client’s rights. The parties ultimately resolved both the English and Irish proceedings.
   • Fast food franchise: We acted for an international franchisor in respect of a dispute with a franchisee seeking to terminate two franchise agreements and close two stores before the expiry of the fixed terms. We advised the client on the allegations raised and responded to support the client’s employees, together with terminating the franchise agreements and reaching an acceptable settlement.
6. Advising franchisors on international expansion.