Franchising

The Practice acts for both those granting franchises and those taking franchises.

Often, where there is scope for businesses to grow, but the business does not have the funds or manpower to grow the business.  The business may be in expanded by, in effect, selling the business concept by way of a franchise arrangement.

That can often be the only appropriate way of proceeding.  That does, however, need to be very finely balanced with the argument that if there is scope for the business expanding why should the business allow its potential profits to be watered down by granting a franchise.  That, in part, is compensated by the premium that is charged.

Often, those taking the franchise (franchisees) do not fully appreciate the implications of all of the various costs and expenses that would be incurred, or the fact that the franchise arrangement may only be for a limited period.  Franchise arrangements do need to be very carefully considered, given that it is very common for those entering into franchisees to find that all they do is earn enough money to pay for all of the various expenses that are imposed under the Franchise Agreement with little being left by way of profit.

DW Solicitors regularly advises on Franchise Agreements.  In a number of recent cases DW Solicitors has been asked to advise on how to terminate the Franchise Agreement, or general advice on the extent of the obligations imposed, where the franchisees has entered into the franchise arrangement without any professional advice.  It is always advisable to take proper advice on the franchise documentation, or in fact on any contractual document, so as to satisfy yourself that you are fully au fait with the extent of the obligations that will be imposed.

 

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