Strategic Reviews and Ongoing risk management
We offer risk management fixed fee reports on franchise agreements including renewals and side letters to pre empt later disputes.
We advise on pre and post franchise representations, obligations and agreed or forced termination issues.
Employment and HR support
We advise on all aspects of employment work from recruitment to termination and post termination issues including restraint of trade and confidentiality. We review and advise on employment contracts, staff handbooks, policies and procedures specific to the franchise sector. Helen has a particular specialism in advising on TUPE issues related to franchising on acquisition and transfer, including advising on renewals and resales aspects.
Dispute Management
We assist franchisees where problems arise with the franchisor, suppliers or other franchisees. We act for individuals and corporate franchisees on their own or in class actions together with issues whether under the franchise agreement or Guarantee or Indemnity.
We promote all methods of dispute resolution including without prejudice settlement by informal or formal mediation or arbitration, including under the BFA Scheme, adjudication or as a last resort through to litigation in the Courts. We aim at all times to balance the risk and reward of the parties in the unique franchise relationship. We provide early risk advice and seek to preserve the business relationship.
This may include taking proceedings at court and obtaining interim urgent relief. Principal areas where this might occur may require delivery up of confidential information, enforcement of post termination or ongoing contractual obligations and obtaining compensation for loss of profits. We structure appropriate and managed exit strategies using our in depth practical experience.
Brand Protection
We advise franchisees on compliance issues with Trademarks and protected or unprotected intellectual property rights, confidential information and other issues concerning the management and protection of the brand. This includes defamation and adverse damage to reputation issues.
International aspects
We are experienced in international expansion issues and the effect on the franchise network from a franchisee perspective.
Our advice includes legal considerations for expansion or multiple franchisee owners and legal documentation. This includes for master franchisees and pilot scheme issues.
We have wide experience of enforcing foreign judgments in the UK jurisdiction and, with our overseas non exclusive arrangements, enforcement of EU judgments abroad.
Service Provider of the Year 2021
EWIF Awards 2021
Contact Us
For further information please call us on +44 (0) 1737 339838 or email us at info@boddymatthews.com.