Expert advice for your franchise agreements
At WSP, we have a wealth of combined expertise in a variety of franchise industries, including hospitality, education, fashion and more. Whether you are a franchiser or franchisee, we can assist you with creating a well-crafted franchise agreement.
Having a quality franchise agreement ensures that strong foundations are in place for your franchising prospects. Everyone involved in the agreement will have a complete awareness of what is expected of them, minimising the possibility of miscommunication and disputes arising.
Take advantage of a free initial consultation
If you are interested in working with our team of expert franchise solicitors, we offer a free initial consultation so we can understand your needs and you can be well-informed of the service we can offer you. It also gives us a chance to answer any questions that you might have concerning franchise agreements.
You can choose how you want the initial consultation to go, whether you wish to speak to us face-to-face at one of our offices, over the phone or via videoconference. Whatever your preference, we can accommodate for.
To book a free initial consultation with our commercial law team, please contact your local WSP Solicitors office in Gloucester, Stroud or Dursley, or use the enquiry form on the right.
How we can assist you with your franchise agreements
Discussing your options for a franchise agreement
When you choose to work with our specialist franchise agreement solicitors, our team will take the time to fully understand your plans for the franchise, ensuring every little detail is included so we can provide advice to the best of our ability.
Drafting a franchise agreement
When it comes to drafting a franchise agreement for a franchisee, it’s essential to have a formal deal that suits all parties involved, not one that is only beneficial and one-sided to you. Not only is this important, but it also ensures that the guidelines and principles the BFA set out are adhered to.
Our franchise agreement solicitors are experts in the franchise field, having assisted many franchisers in creating robust agreements that work in favour of both parties involved. We know how to make an agreement that is compliant with the British Franchise Association Code of Ethics, in addition to the relevant materials that need to be included in the agreement and taking into account your personal suggestions that suit the business.
Advising on franchise agreements
It’s crucial that before you enter into a franchise agreement with a franchiser, you are entirely aware of the terms that have been set out. A quality franchise agreement should comply with the British Franchise Association Code of Ethics, which ensures that the agreement is fair to all parties involved. Often franchisers have a set way in regard to how they want their franchise agreement to be set out, and this is often firmly in favour of the franchiser and not the franchisee. Our solicitors can ensure your needs are met.
When you choose to work with our solicitors, we will take the time to review the agreement set out by the franchiser and make you aware of what your rights and responsibilities would be as a franchisee, in addition to other matters that are crucial for you to be mindful of. If the terms set out in the document do not align with the BFA or your personal desires, our solicitors can assist with contacting the franchiser and attempting to negotiate the agreement.
Franchise agreement disputes
When you enter into a franchise agreement, you do not expect the agreement to go south. In most instances, a well-drafted franchise agreement is likely to prohibit matters from occurring, but there is always a small chance that a franchise agreement dispute can happen, which will require further assistance from a specialist solicitor.
Franchise disputes can occur due to a number of reasons, such as a breach of the franchise agreement, damage to the brand’s reputation and exiting the franchise agreement.
There are several options when it comes down to solving a franchise dispute, either through a more amicable method, such as ADR or via court litigation.
Franchise agreements explained
What is a franchise?
A Franchise is an already established business, but the franchiser gives permission to use the name, business product/idea, general style, and intellectual property. The franchisee will own the business outlet and have control over the franchisee management.
What is a franchise agreement?
To put it simply, a franchise agreement is an agreement that is between the franchiser and franchisee, and it is legally binding. The agreement will set out a number of important factors in concern to each party’s responsibilities and other matters. Due to each franchise being different, no agreement should be the same. Instead, the agreement needs to be tailored precisely to the business and the surrounding circumstances.
What should be included in a franchise agreement?
When a franchise agreement is created, it should include details such as:
- Who the franchiser and franchisee are
- The duration of the franchise
- The franchise renewal rights
- The franchise fee structure
- The business marketing process
- Franchise resale terms
- Rights to terminate the contract
- Non-compete clauses
How can a franchise dispute be resolved?
As with all types of commercial litigation, there are a number of approaches that can be taken in an attempt to resolve the dispute at hand, and these are best known as alternative dispute resolution (ADR) methods.
Franchise disputes can be resolved through a number of ADR methods, including:
Letter Before Action
A letter Before Action is a formal letter that can be sent to the party you’re disputing with to warn them of the potential court litigation that may be brought against them.
The details that are most often included in an LBA include:
- The names and addresses of the relevant parties
- Details of the matter
- The outcome desired
Depending on whether the respondent is an individual or a business, the time limit for response varies. A business will have a total of 14 days to respond, and an individual or sole trader will have 30 days.
The parties will meet with a trained, neutral mediator who will provide advice and push the parties towards making a decision that they are both satisfied with.
Arbitration is a different process from commercial mediation, particularly with the final decisions being made by a third party and being a legally binding decision.
Arbitration is a process that involves a trained arbitrator conducting a hearing with the parties involved in the dispute. Each party will present their case with evidence that supports their argument, and once both parties have entirely explained the situation, the arbitrator will make a decision based on them.
Where you have exhausted all options, the only appropriate method may be to seek a decision from the court.
Our solicitors have a successful track record in the courtroom, having represented many clients over the years.
Why choose WSP Solicitors for your franchise agreement?
Leading legal expertise
Our team have years of combined expertise providing a bespoke and efficient service to a range of businesses in various industries, ensuring they have a robust franchise agreement in place.
Excellent service standards
You can be reassured when you choose to work with our solicitors that you will receive the highest quality of service. During your time working with our solicitors, you will be assigned an individual solicitor who will be in complete charge of your case and ensure all questions are fully answered.
Experience in dealing with multi-million pound businesses and complex issues
Over the years, we have helped both small and high net value enterprises with their franchise agreements. No matter your circumstances, our solicitors can provide expert guidance.
Bespoke legal advice for your business
When you choose to work with our franchise agreement lawyers at WSP, we will take the time to entirely understand your circumstances, what it is you require and tailor our advice specifically to this to support your every need.
Law Society accredited experts with a strong track record of success
At WSP Solicitors, we have the Law Society Lexcel accreditation for both our legal expertise and our professional standards. In addition to this, we are independently regulated by the Solicitors Regulation Authority.
For more information about related services, see our commercial agency contracts solicitors.
Contact our franchise agreements solicitors in Gloucestershire
For expert advice in respect of drafting and negotiating franchise agreements, please contact your local WSP branch in Gloucester, Stroud or Dursley today.
If you have a question or would like to request a call back, you can also use our quick online enquiry form.