At Hutchinson Thomas we have extensive experience of franchising across a range of sectors.
Expert legal advice for franchisors
We are accredited members of the British Franchise Association, the UK’s main franchise regulator, and we adhere to their high standards of fair and ethical franchising.
As well as wide experience of franchising, our team also specialise in protecting and registering intellectual property, an important consideration in safeguarding your brand.
We will work with you throughout the franchising journey, from advising you before you set up as a franchisor, throughout the operation and expansion of your enterprise and in respect of any sale.
Our service standard is outstanding. We always stay in close communication with our clients and we will work proactively to set up your franchise and deal with your matter without delay. We have a strong commercial focus and will always take into account your overall business needs and ambitions when advising you.
The franchise agreement
Your franchise enterprise will be governed by a franchise agreement that you will enter into with your franchisees. This needs to be tailored to suit your individual business and be detailed enough to cover all eventualities. In particular, it needs to be robust enough to be relied upon in the event that difficulties arise.
Putting a strong franchise agreement in place goes a long way to avoiding misunderstandings and disagreements that could potentially escalate. Where both parties can see clearly what is required of them and what their rights are, there is far less scope for a full-blown dispute.
Considerations when drawing up a franchise agreement
There a number of essential points that must be addressed when setting up as a franchisor. Your brand, reputation and any intellectual property that you own must be protected and you will need to decide on the level of support and training that you want to provide to your franchisees.
The franchise agreement will outline all of the details of your franchise, including the responsibilities of each party, how your intellectual property will be protected, who will bear the risks, the amount that will be paid upfront, the amount of ongoing payments or profit-sharing arrangements and how any disputes will be resolved.
Clauses will also be included preventing franchisees from leaving your organisation and setting up in competition or from taking know-how from your business to use for themselves.
We will work with you to draw up the right franchise agreement for your enterprise, protecting your interests while allowing you the opportunity to expand and increase revenue.
We will negotiate with your potential franchisees and their legal representatives where necessary to put in place an agreement that offers a degree of flexibility for franchisees while ensuring your business interests are safeguarded.
As well as having extensive experience in the area of intellectual property, our franchise team is also able to call on colleagues with expertise in adjacent areas, including company and commercial law, employment law, commercial property and commercial leases.
Hutchinson Thomas is the first law firm in Wales to be awarded the Law Society Mark of Excellence. The firm and many of our lawyers are recognised year on year in the Legal 500 publication as leading individuals in their field.
We have wide-ranging experience of the franchise industry and as well as leading expertise we provide an excellent service to our franchisor clients. We will take the time to understand your business needs and make sure we are always available to speak to you when needed to answer any questions you may have.
If you are considering franchising your business and you would like to speak to one of our expert franchise solicitors ring us on the following numbers or fill in our contact form.