Franchise Law Attorney

Creating a franchise network represents an important step in the development of a company’s activity.

Sharing expertise with a network ensures the growth of a franchisor’s business. However, such an operation presents risks, which should be mitigated through appropriate legal oversight.

Indeed, transmitting its trade secrets, manufacturing secrets, brand license and commercial strategy to its franchise partners creates a major competitive risk.

Using a franchise law attorney therefore remains the most effective alternative to ensure the protection of your business.

Why hire a franchise lawyer?

For the franchisor:

The firm has recognized expertise in monitoring commercial relationships and managing distribution networks. Our franchise lawyers will assist you in creating your franchise network .

The Firm is at your side to:

• Determine the conditions of access to the network;
• Ensure the smooth running of pre-contractual negotiation phases;
• Develop the pre-contractual Information Documents required by law;
• Implementation of an appropriate strategy for transmitting know-how;
• Draft commercial contracts , specifications or the franchise contract itself;
• Provide for the exit of members from the franchise network;
• Defend your interests during contentious proceedings before the competent courts.

Although the franchise agreement ensures the smooth running of contractual relations, the relationship between a franchisor and its franchisees is not, however, free from conflict.

The risk of competition for the franchisor is significant and the subjects of litigation are therefore numerous. These include the leakage of trade secrets outside the network, use of the network’s commercial practices by a former franchisee, customer capture, use of the network’s distinctive signs, and non-compliance with intellectual property .

These are all matters requiring the legal expertise of a lawyer. Goldwin Law Firm therefore has the necessary legitimacy to represent your interests during pre-litigation, litigation, or amicable proceedings concerning your network.

For the franchisee:

While the risks are obvious for the franchisor, their franchise partners are also subject to numerous hazards.

Indeed, joining a franchise network often represents significant costs for the franchisee: finding commercial premises, bringing said premises up to standard, applying specifications, etc.

Therefore, the franchisee must have assurance that the relationship is progressing well, particularly with regard to its duration, before incurring these costs.

The firm has business lawyers who are experts in franchise law and business consulting. Our business lawyers will be able to assist you throughout the various stages of your franchise business:

• Select your network;
• Support during pre-contractual relations;
• Analyze the Pre-contractual Information Documents transmitted by the network head;
• Negotiate network access;
• Prepare the acquisition and compliance of commercial premises;
• Monitor the progress of the contractual relationship;
• Anticipate network exit;
• Represent you in the event of a dispute.

Given the investments made by a franchisee to join the network, their situation is precarious.

Thus, many sources of dispute can arise within the framework of a franchise. For example, refusing access to the network despite investments made to comply with the requirements, abruptly terminating the network contract, imposing excessively high objectives, etc.

Defending your interests in these various situations is based on a legal strategy for which the use of a franchise law attorney is crucial.

The law firm is recognized for its handling of commercial disputes. It will provide you with legal advice and represent you before the competent authorities in the event of a dispute.