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Franchising
Franchising has established itself as a proven tool for business growth that is becoming ever more popular worldwide. It allows for existing businesses to expand using capital and resources provided by third parties and can lead to very rapid growth.
We can assist you with all aspects of franchising and alternative forms of system expansion, whether you are just starting to consider franchising, looking to roll out internationally or restructuring your network. Our team of experienced lawyers around the world is able to advise you at every stage, based on our knowledge of franchise systems and experience of local markets.
We can help you to identify a network structure that suits you and assist in guiding you through the local regulatory environments.
A substantial amount of our work is international, representing major international brands as well as smaller niche businesses as they expand around the world.
When things go wrong, we have an experienced team of dispute resolution lawyers who work with clients to agree and apply strategies that provide cost effective solutions. When we do go to court, our cases frequently set franchising precedents.
Experience
Through our international offices and network we offer the full range of franchising services around the world:
• Standard documents - we regularly act on the design, drafting, implementation and roll-out of unit franchise agreements, master franchise agreements, development agreements, umbrella agreements, and sub franchise agreements, distribution, agency, joint ventures, concessions and IP licensing agreements all around the world. We have particular experience of the retail and restaurant sector and the services sector.
• Acquisitions and disposal of franchised businesses - we can assist with the sale of a franchised business or an existing in-house businesses to a franchisee, or other distributor or agent, or the sale of an existing business to an incoming partner, or the purchase or sale of a complete business.
• Dispute support - we regularly manage disputes ranging from non-compete and intellectual property protection injunctions to termination of agreements, both domestic and international. We also provide practical advice on dispute avoidance.
• Related specialist services - we advise on related matters including competition law; data protection, IT protection, licensing and e-commerce; anti-corruption; advertising and reputation protection; food law; health and safety, environmental, trading standards and regulatory support; product liability and recall; volume claims, insurance and risk management; distribution and logistics; terms and conditions of supply; international trade and customs advice; tax; and planning/zoning.
Examples of our international franchise experience include advising:
• Mamas and Papas , the UK's one nursery brand, on structuring their standard international franchise arrangements and supporting them through our international network with the roll out of their network across the Middle East, Europe, Asia, North America and the Far East;
• Monsoon Limited on the establishment of a franchising network in China, including on the adoption of their global franchise agreement template and the filing of the franchise agreement with the relevant authority;
• GAME on their first international franchise in Russia;
• Fornetti , the biggest local franchisor in Hungary, on their network in Hungary and neighbouring countries;
• A major international hotel chain in a significant ICC arbitration and in related local IP proceedings.
