Franchising

Working with you to achieve your franchise's potential

Franchising is a powerful tool for businesses with ambitions to grow. A successful franchising model can unlock the hidden value in a franchisor’s brand and know how developed over many years and pair it with a franchisee’s enthusiasm and knowledge of a certain market or audience.

Without a doubt franchising has changed the face of various sectors.  With an established brand, an intelligent operating model and a marketable product or service, franchising can be successful in multiple sectors and markets – with the right legal framework and advice.

Why choose Foot Anstey?

Our franchise lawyers have a wide range of experience in assisting clients in delivering their franchising models. We understand and can advise on the advantages and disadvantages of franchising as a route to market. Our specialist sector expertise ensures that we provide practical and relevant advice that is tailored to your industry and sector. Our clients include both franchisors and franchisees ranging from start-ups to large international companies.

As members of the British Franchising Association, we also work alongside franchising consultants, which means we can provide you with a full service to facilitate and support your journey to setting up a franchise business.

When you work with us you’ll be assigned a specialist franchising solicitor. They will be your point of contact for all your franchising needs and will coordinate any further advice you need, whether it be around employment, data protection, commercial property or any other area of law.

Our people

Our team is led by Partners Paul Cox and Mark Millar, who have many years’ experience working with some of the UK’s leading franchises. Mark himself was the General Counsel of Domino’s Pizza for many years.

Our franchising legal services

Franchising agreements

Franchising agreements form the basis of the relationship between franchisor and franchisee, so it’s important to get the right legal advice from the outset. Our lawyers can draft new franchising agreements from scratch or update existing ones to ensure they are still fit for purpose. We can advise you on common franchising issues such as buy-back clauses, deposit agreements, leases and more.

Trade mark management

Trade marks are a vital part of a successful franchise model and a key piece of intellectual property which franchisees licence from franchisors. Our franchising lawyers will help you actively manage your portfolio of trade marks, both in the UK and globally. We can challenge unauthorised use or copying of your trade marks, which have the potential to undermine their value to franchisees, and work collaboratively with you and your franchisees to ensure they are using your trade marks appropriately.

Franchising disputes

When franchisors and franchisees disagree, it’s imperative that the dispute is resolved with minimum disruption. Our lawyers are well-versed in handling and defusing disputes relating to franchises and can advise you on the best ways to ensure that disagreements don’t get in the way of your business’ success.

Employment advice

We can help you with the employment law aspects of your franchising arrangements, including contracts, disputes, changes to terms and conditions, and transferring employees to or from a franchisee business. Read more about our range of employment law services.

Data protection

In today’s interconnected world, shared digital platforms are often integral to franchising arrangements, resulting in data being transferred back and forth between franchisor and franchisee. Our leading data protection lawyers can advise you on reducing risk and making the most of opportunities presented by new technology to maximise the value of shared datasets and insights.

Commercial property

Bricks and mortar are an essential component of many franchising arrangements, particularly in the retail sector. We have a broad real estate team with expertise in numerous niche areas, allowing us to help you with issues ranging from financing, planning and development through to ongoing estate management and landlord and tenant relationships. We make it our goal to tailor our commercial property advice and services to support both your short and long term ambitions for your franchise.

Work examples

  • All aspects of transport industry franchises principally in the rail sector for major rail operators.
  • Preparing the suite of template agreements (including deposit agreement and franchise agreement) to set up a new franchise business – often working alongside franchise consultants.
  • Setting up, tendering and commissioning a passenger ferry operator's franchise of the King Harry Ferry.
  • Advising franchisees on the interpretation of restrictive covenants within their franchise agreement.
  • A major UK newspaper publishing groupin relation to the republication of classified adverts as an annual supplement, and the termination of an advertising franchise
  • Land Rover Jaguar Dealership - acted on the purchase of development land at Matford Green where a combined Land Rover Jaguar dealership will constructed in line with the franchisors requirements
  • A Private Equity firm on a venture capital investment into Sfilatino, an Italian sandwich franchise
  • Vospers Motor House which operate 16 franchised motor retail dealerships on the acquisition of a 9.5 acres site on Matford Green Business Park in Exeter for a multi-million pound motor park development
  • Helston Garages –Assisting national Garages Group, Helston Garages, with 37 franchised dealerships turning over in excess of  £580m with all real estate needs including both site occupation and acquisition, portfolio management / restructuring, site disposal, planning, construction, and refinance needs