If a business has a unique product or service and is looking to grow without making all the investment, franchising is a possible means to expand a brand and business within the UK. We work with clients both starting out and setting up, and those seeking to expand their business further once a franchise is established.
Our Franchise team can guide businesses through the process from helping to choose an appropriate structure and ensuring that the Intellectual Property (IP) and brand is protected, to drafting and negotiating franchising agreements and providing legal support to manage the ongoing network of relationships (franchisees and suppliers) once up and running.
Our clients include both franchisors and franchisees across a range of businesses or sectors including hotels, food and beverages, fitness, estate agencies, retail, health and beauty, care and education. Our work includes providing advice to multi-national companies, SMEs, UK manufacturers and retailers, entrepreneurs and start-ups.
If franchising is not suitable, we advise on alternative models for growth including licensing, distribution, joint ventures and e-commerce.
The firm and the franchise practice was founded by Andrew Pena, a renowned franchise dispute lawyer who has dealt with over 1,000 franchise disputes, and led the winning team in 10 reported franchising cases, and most notably, has never lost a case at trial.
Lisa Sen heads the team on the commercial and contractual side with 22 years’ experience of brand expansion and franchising in a range of different industry sectors including food & beverages, retail, hospitality, services, estate agencies and education. Lisa also co-authored the first book on “Franchising in India” published by Eastern Law House in 1998.
Services for Franchisors:
- Advice on laws: Data Protection, Competition law, IP Law and Tax
- Advice on whether to lease premises and under lease to franchisee
- Assisting franchisees to obtain financing
- Assistance with preparation of the prospectus and the Manual
- Dispute Resolution-courts, mediation and arbitration
- Funding franchises to buy and managed options to individuals from non-EU/EEA countries to qualify under the entrepreneur visa to immigrate into the UK
- Franchisee due diligence
- Preparation of documents: Heads of terms, Confidentiality and Commitment Agreements, Franchise Agreements, Franchise Management Agreements, Licence Agreements, Disclosure Documents and Guarantees
- Registering your IP/Brand
Services for Franchisees:
- When seeking to buy a franchise, we can review the franchise agreement and offer 3 levels of service:
- High Level Review
- A meeting to review documentation and identify key issues
- A thorough - review of the agreement(s)and detailed report
- Assistance with negotiations
- Review and advice on the lease agreement
- Assistance with Business Plan
- Employment issues
- Company law issues
- Dispute resolution-courts, mediation and arbitration
- Disclosure Documents, Non-Disclosure Agreements
- Franchise agreements (Unit, Development & Master Franchise)
- Investment into franchises
- License Agreements, Guarantees, Distribution Agreements
- Privacy, Anti-bribery and Modern Slavery Act
- Property transactions – leases, underleases, transfers, assignments
- Purchase of the franchisor or franchisee business
- Terms & Conditions of sale, policies including Social Media
- Transfer of business