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Franchise agreements – Forewarned is forearmed
InsightsThe decision to buy a franchise can be both a daunting and exciting experience. A prospective Franchisee should not feel pressurised into making a quick decision...
Franchising
ExpertiseWe are one of the leading franchise specialists in the UK with over 40 years’ experience of advising franchisors and franchisees. We are highly rated in both the Legal 500 and Chambers & Partners Guide 2020 for Franchising. We act for approaching 100 franchisor brands and we have been Affiliate Members of the British Franchise Association since 1977.
We provide a complete franchise service in all aspects of franchising for both new and established franchisors and franchisees.
We have a strong franchising litigation and dispute resolution practice and have been involved in many of the leading franchise sector cases in the last 15 years.
Jane Masih is recognised as a Leading Individual in the Legal 500 and a Band 1 Lawyer in the Chambers & Partners Guide 2020 for Franchising. Russell Ford is recognised as a Band 1 Lawyer in the Chambers & Partners Guide 2020.
In October 2019, we took over franchise specialist David Bigmore’s client base. The acquisition significantly increases the number of franchisor clients we represent.
Our Experience
Acting for Franchisors
- Advising on the establishment of franchise networks including drafting franchise agreements.
- Amending and updating franchise agreements and franchise documentation.
- Overseeing and managing resales between outgoing franchisees and incoming franchisees on behalf of the franchisor.
- The enforcement of post-termination restrictive covenants against former franchisees.
- Advising on disputes with franchisees including claims for breach of contract and misrepresentation.
- Enforcement of franchisor’s intellectual property rights, including trade mark infringement and passing off.
- Acting on the acquisition of UK master licence rights.
Acting for Franchisees
- Fixed-fee Franchise Agreement Reviews.
- Advice on buying and selling existing franchise businesses.
- Advice on the sale and purchase of multi-unit franchises.
- Advising on termination of franchise agreements.
- Advising on misrepresentation issues, claims for damages for breach of contract and negligent advice by franchisors.
- Advising on premises acquisition and lease negotiations.
Acting for Action Groups
- Representing dozens of action groups of franchisees, involving allegations of breach of contract by the franchisor.
- In 2019, representing Cash Generator franchisees in their buy-out of the business and brand.
- Advising on and negotiating changes to franchise agreements proposed by the franchisor.
Our Services
- Drafting Franchise and Master Licence Agreements
- Acquisition and Sale of Franchise Networks
- UK and EU Competition Law and relevant exemptions
- Franchise Resales
- Acquisition of Premises
- Trade Mark Advice and Brand Protection
- Employment and HR support
- Disputes between Franchisor and Franchisee
- Franchisee Misrepresentation Claims
- Breach of Contract and Compensation Claims
- Injunction Proceedings
- Enforcement of Restrictive Covenants including Restraint of Trade
- Franchisee Associations
- Franchise Mediation
We offer a comprehensive franchise agreement review service for all prospective franchisees. The written report outlines the principal terms and highlighting any unusual or onerous provisions. We also offer a follow-up telephone consultation to ensure that all concerns are addressed. The service is offered for a fixed fee. For further details please click below.
Franchise Agreement Review Service
We produce a variety of newsletters and reviews covering changes in legislation, topical news and issues affecting franchising. If you would like to subscribe please contact law@owenwhite.com.