Franchising is a well-tested model used by many well-known brands as well as brands wishing to grow, as a means of expanding their market presence through independent organisations whilst retaining control of their brand, IP and business system.
Whether you are starting to consider franchising your business or becoming a franchisee, there are a number of things to consider. The specialist Franchising Team at Rooks Rider have detailed experience of working with both franchisors and franchisees to consider a variety of aspects:
The first important step in the process is to ensure that you fully understand the terms of the franchise agreement. We are able to review this for you; and, provide you with clear advice on its terms.
Acquiring a new franchise direct from the franchisor is the most common way of starting out as a franchisee but, purchasing an existing franchise business from a trading franchisee is also an easy way. It enables you to gain access to an existing client base, work force and trading history. Most franchise agreements give franchisees the right to sell their business subject to franchisors consent and/or conditions set out in the franchise agreement. Our team is able to guide you through this process, advising both buyers or sellers alike.
For those franchises that require premises one of the first things that you will need to consider as a new franchisee is the acquisition of suitable premises to trade from. We offer a full range of franchise real estate services, negotiating and advising on acquisition of freehold or leasehold premises, licence permissions, alterations and fit outs.
In the event of a dispute our dispute resolution team are on hand to provide an overview of the strengths and weaknesses of your claim and your options moving forward using the most cost-effective solution.
We can help you with all aspects of starting and running your franchise network from preparing your franchise agreement to managing your franchise network.
We are able to advise on all aspect connected with franchising your business from how you format your business, your franchising strategy and the drafting of the key documentation, including the franchise agreement.
Your intellectual property/brand will be your most valuable asset. We can work with you to protect this as you build your business. We will ensure that your franchise agreement clearly expresses how your franchisees may and may not use your intellectual property/brand name.
Depending on the structure of your franchise network, you may require freehold or leasehold properties or be a party to the lease agreement. Our commercial property experts are able to work with you and advise on the suitability of properties, negotiate freehold and leasehold documents, advise on the structure of the leasehold arrangements and subleases with franchisee. We can also help you in connection with any property disputes.
Our corporate services team can support you through the transaction from initial planning to completion.
A constantly growing business is the goal for franchisors but, expanding the number of franchises can often raise further issues. We are happy to advise both franchisors and franchisees to ensure smooth transactions and on-going success.
Our specialist Franchising Dispute Resolution solicitors advise on the steps that can be taken to protect yourself and your franchise, to minimise disputes arising. On occasions, though, disputes do arise and when they do, we can provide advice on your situation, which may concern breach of contract claims, misrepresentation or enforcing post-termination restrictive covenants against former franchisees.
The client obtained a Judgment from a High Court in Asia, against two individuals of English nationality. The Judgment obtained was full and final with no right of appeal. The client was concerned how the Judgment could be enforced and how money could be recovered from the two Defendants, given their place of residence was in England.