Commercial contract advice for franchisors

At Linder Myers we provide sound, practical legal advice with regards to setting up a franchise, as well as advice on specific issues such as franchise disputes or in connection with property.

What is a franchise agreement?

A franchise agreement is required when setting up a franchise. It is important to have the correct structure in place from the outset, from which the franchisor can build a network. A professionally prepared standard franchise document will ensure that the franchisor’s business concept is properly protected. This must be done before franchises are granted to individual franchisees. From our experience, one franchised business is very different to another, as such we prepare agreements on a bespoke basis in close cooperation with the franchisor and other advisors.

Our dedicated franchising team is expert in the delivery of practical solutions to meet our client’s commercial objectives. Providing advice in franchising is as much about considering the practical day to day issues that a franchisor will encounter as providing robust and clear documentation.

A franchise agreement will ensure that the franchisor’s business concept is protected. It will set out detailed provision on a range of issues including:

  • Payment of fees to the franchisor
  • The ability of the franchisor to monitor the performance and actions of the franchise
  • Advertising
  • Insurance
  • Death or incapacity of the franchisee
  • Sale of the franchisee’s business
  • Competition restrictions on the franchisee
  • Protection for the franchisor in the event that the franchisor suffers a liability of claim resulting from actions of the franchisee