Franchising

The Corporate and Commercial team here at Butcher & Barlow have an array of experience in dealing with franchising for both new and existing franchisors and franchisees.

Franchising is a useful business model for an established brand to grow or leverage its existing reputation or valuable intellectual property through the use of a franchise agreement.  A franchise agreement licences the use of a company’s intellectual property, products and services to a third party in return for a fee.

When agreeing such a licence, a suitable franchise agreement is necessary to control and regulate the relationship between franchisor and franchisee. Franchisors want to regulate the use of their intellectual property and brand in order to maintain the reputation and value associated with them; they will therefore require an agreement that enables them to maintain control. Franchisors want to ensure that they have enough autonomy to operate their business without onerous supervision from the franchisor. This is a delicate balancing act. Accordingly, the terms of any franchise agreement must be carefully considered and negotiated by an experienced team of solicitors.

We can provide bespoke advice to both franchisors and franchisees in relation to:

  • Franchise Agreements, from the perspective of both franchisor and franchisee;
  • Non-disclosure agreements;
  • Due diligence;
  • Master licenses;
  • Intellectual property and brand protection;
  • Operating manuals;
  • Software licensing; and
  • Data protection and GDPR compliance, including social media policies.

Our experienced commercially focused team is here to assist you in ascertaining your needs and producing or negotiating a franchise agreement suitable to them.