Strategic Reviews and expansion
We work as a team with our clients to assist with the legal documents required to ensure their aims are met. This includes assessing from a risk management perspective suitability of business concepts and ongoing franchise requirements. We advise on early termination issues and standard agreements complementing such business strategies including new franchisee and renewal documentation.
Employment and HR
We advise on all aspects of employment work from recruitment to termination and post termination issues including restraint of trade and confidentiality. We prepare 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 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.
Where necessary we exercise step in rights , mergers or acquisitions and sales or restructuring of the relationship through structured settlement.
We provide early risk advice and continue to support our franchisors throughout the process to termination , whether managed or on natural expiry of the franchise relationship, including taking proceedings at court and obtaining interim urgent relief. This may include 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 understand the importance of goodwill and brand protection in franchising and use our experience to protect and enhance our client’s position in the market. This includes reviewing intellectual property ( registered or unregistered )rights , copyright, design and Trademark issues. Kate advises on termination of IP and other rights and brand protection , including defamation and breaches of confidentiality aspects.
Ongoing Risk Management
We work with our clients and carry out risk management checks on their legal documentation to ensure compliance with respective rights and obligations and protection. We advise on key performance indicators and structured business audits from a compliance perspective.
International aspects
We evaluate with our client and its team their expansion strategies in the UK and internationally, This includes a review of the comparisons in foreign jurisdictions of franchise rights and obligations and choice of law and jurisdiction issues for franchise documents. In particular brand protection and legal restraints, taxation and profits repatriation. We take action where necessary for or against underperforming or non-compliant Master Franchisees and or pilot schemes.
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.