Franchise law - GOLDWIN Avocats
Franchise law

Franchise law

Creation of a franchise network, negotiation, access to the network, search for business assets, drafting of contracts, non-renewal of the contract with the franchisee, establishment of information to be transmitted to the network, defense of trade secrets, protection of distinctive signs , the Firm supports you in your activity and its integration into the franchise network.

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Creating a franchise network is an important step in the development of a company’s activity. Sharing its know-how with a network ensures a franchisor the growth of his business. However, such an operation presents risks that should be limited by an appropriate legal framework. Indeed, by transmitting its trade secrets, manufacturing and its commercial strategy to its franchise partners, a major competitive risk arises. Thus, recourse to a lawyer remains the most effective alternative to ensure the protection of your activity. The Firm has recognized expertise in the monitoring of commercial relationships and management of distribution networks, ensuring it is fully legitimate to support you in the creation of your franchise network. The Firm will be at your side to:

– determine the conditions of access to the network;

– ensure the smooth running of the pre-contractual negotiation phases;

– prepare the pre-contractual Information Documents required by law;

– establish an appropriate strategy for the transmission of know-how;

– write the specifications;

– draw up the franchise contract;

– provide for the exit of members of the franchise network;

– defend your interests during contentious proceedings before the competent courts.

While the franchise agreement ensures the smooth running of contractual relations, the relationship between a franchisor and its franchisees is not necessarily free from conflict. The risks of competition for the franchisor is significant and the subjects of numerous litigation: leakage of trade secrets outside the network, use of the network’s commercial practices by a former franchisee, customer acquisition, use of the network’s distinctive signs, etc. are just as many matters for which the legal expertise of a lawyer is required. The Firm, by supporting the big names in distribution, has all the legitimacy to represent your interests during pre-litigation, litigation or amicable proceedings concerning your network.

While the risks are obvious for the franchisor, their partner-franchisees are still subject to many uncertainties. Indeed, integrating a franchise network often represents significant costs for the franchisee, especially when it comes to finding a commercial space, bringing the network up to standard, and applying the specifications. Thus, the franchisee must be assured of the smooth running of the current relationship, especially with regard to its duration, before incurring these costs. The firm has lawyers who are experts in business advice and will be able to support you during the various stages of your franchise activity:

– select your network;

– during pre-contractual relations;

– analyze the Pre-contractual Information Documents sent by the network head;

– negotiate access to the network;

– prepare for the acquisition and compliance of a commercial premises;

– follow the evolution of the contractual relationship;

– anticipate the exit from the network;

– represent you in the event of a dispute.

In view of the investments made by a franchisee to join the network, his situation is precarious. Thus, many sources of litigation can appear in the context of a franchise: being refused access to the network despite the investments made to comply with the requirements of the network head, a sudden termination of the network contract , higher objectives than what the network’s business model allows, etc. The defense of your interests in these various situations is based on a legal basis for which recourse to a lawyer is decisive.

The Firm is recognized in its management of commercial disputes and will be able to provide you with legal advice and represent you before the competent bodies in the event of a dispute.

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