Franchising solicitors
Complete legal service from specialist franchising solicitors
Clarke Willmott provides a complete legal service to franchisors and franchisees across a broad range of industry sectors, including Retail and Leisure, Hospitality and Care.
The franchise industry continues to grow year on year with the model appealing to both existing businesses and those looking for an alternative to starting up their own business. The business model has proven to be successful for many companies, but like any other business a franchise requires careful thought, planning and management to succeed.
Our solicitors have experience in all aspects of the franchise journey. We set out below just some of the services that our specialist franchise lawyers can provide:
Franchisors
- Drafting franchise agreements and assisting with preparation of operating manuals
- Drafting, negotiating, and executing associated franchise contracts including commercial leases, employment contracts, supply contracts, and third-party commercial contracts
- Undertaking contract reviews to ensure compliance with changes in laws
- Advising and enforcing intellectual property and trademarks designed to protect your business
- Advising on data protection issues arising within a franchise network
- Resolving disputes with franchisees over allegations of non-performance, breach of contract, misrepresentation and termination or early exit
- Advising and where appropriate taking action to enforce restrictive covenants against franchisees who are acting in breach of restraint of trade covenants, such as non-compete, poaching of employees and/or customers
- Pursuing claims against third parties arising out of disputes connected to your franchise
- Advising and acting in expansion or sale of your franchise business
- Drafting employment contracts and advising on employment matters, including when franchises are brought back “in-house” by franchisors
Franchisees
- Reviewing your new franchise agreement and advising you on your obligations and rights
- Advising and where appropriate taking action to prevent the enforcement of onerous restraint of trade covenants which seek to restrict your business activity during and after termination of the franchise
- Advising on your right to exit or terminate the franchise, including claims for misrepresentation and recovery of damages
- Advising and if applicable taking legal or commercial action to resolve disputes with your franchisor
- Advising on data protection issues arising within a franchise network
Who we can help and how
Clarke Willmott is a full-service law firm and has extensive experience in a wide range of industry sectors, with several solicitors ranked and acknowledged in the Legal 500 and Chambers directories.
Our specialist team of franchising solicitors can assist both franchisors and franchisees in a wide range of fields, including health and fitness, education, fashion, travel and food and drink.
We also work alongside other third parties such as accountants, franchise consultants and property management agents to ensure that our clients obtain a complete franchising service.
In addition to our own experience and expertise, we have access to franchise consultants, accountants and property agents who can assist with resales, property acquisitions and disposals, and business management.
Recent franchising work
- Acted on behalf of Capital Cash Limited (the largest franchisee for Cash Converters in the UK) on the sale of the company and the re-integration of its business into Cash Converters UK, the UK’s largest second-hand retailer, in a transaction with an estimated deal value of £13.9 million.
- Successfully resolved a dispute over the enforcement of territorial restraints set to take effect upon the termination of a care home franchise. We provided advice to the franchisee on the enforceability of a number of restrictive covenants and the franchisor’s request for payment for release from the contract, resulting in the agreement of commercial terms in lieu of court proceedings.
- Advised on the purchase of franchise rights for a successful restaurant chain.
- Acted for a franchisor of a retail business, responding to and resolving extensive complaints raised by the franchisee regarding the performance of the franchise, and a request for early termination.
- Advised a new franchisor on the expansion of their business and reviewing the suitability of pre-existing franchise agreements in the long term.
Contact a franchising solicitor today
Our team of solicitors based in Birmingham, Bristol, Cardiff, London, Manchester, Southampton and Taunton can provide legal advice to clients located within the UK and internationally.
Get in touch online to submit details of your enquiry and one of our specialist franchise solicitors will contact you.
