FRANCHISING

Franchising as a business and distribution model continues to increase in popularity around the world.

Although franchising is primarily based on contractual relationships, an increasing number of countries have adopted either franchise sales laws or franchise relationship laws or both. And in civil law jurisdictions in particular the courts are extending doctrines of good faith to franchise sales and relationships, whether or not franchise specific legislation has been adopted.

We have experience in developing new franchise systems for start-ups and for established businesses that wish to start franchising. This involves the design of the relevant documents and sales compliance process as well as the preparation of franchise agreements, disclosure documents, lease agreements, confidentiality agreements etc. to comply with these laws and court decisions.

We also have considerable experience in resolving franchise disputes acting for both franchisees and franchisors.

We also have considerable experience in acting for international franchisors. We review disclosure documents and agreements and advise on necessary and possible changes. We have experience in negotiating master franchise and area developer agreements as well as direct cross-border agreements.

We have assisted clients with franchising advice for quick service restaurants, fast food restaurants, casual dining restaurants, stores or kiosks selling coffee, ice cream, smoothies and fruit juices, real estate brokers, home inspection services, home décor services, home care services, home repair services, educational and training services for adults and children, car rental services, hotels, motels, department stores, dollar stores, grocery stores, retail sale of clothing, retail sale of furniture, photography and photofinishing, video game retailers, cell phones and services, pet care, health and nutrition products, cosmetics, wine-making, gift baskets, travel services, post office services, cheque-cashing services, commercial signage, automobile repair and parts services, automobile dealerships, motorcycle dealerships, appliance sales, appliance service and repair, shipping services, and several systems that are unique.

Our Publications and Updates in this Area are available as Resources.