Franchising & Brand Rollout

Clarke Jeffers have advised its clients on all aspects of Franchising (both small and internally recognised) for upwards of 20 years. The concept behind franchising is that a good idea, service or product can be replicated over and over.  Despite the simplicity of this concept, the area of law is often complex.  Autonomy can be lost very quickly and the appropriate support structures to balance this need to be in place.

Our Firm uses its combined specialist knowledge in the areas of Franchising, Commercial / Company Law and property to provide a full service to its clients and to ensure that what is always a big business step is taken with full knowledge and the best possible chance of success.

Our clients know that buying a Franchise is not cheap (particularly if it one of the bigger more recognised brands) but they do it because it brings a degree of certainty to their business. A structure they can rely on and support that is tried and tested. Most importantly it brings a ready made and recognised brand. What follows therefore should hopefully be footfall.  With a large investment for this certainty, it is crucial that the legal agreements underpinning the relationship are just as solid and understood. Our straight-talking business minded approach helps us work with our clients to efficiently get the business up and running and on the best possible terms for that client.  Get the basis right and you give yourself the platform to succeed.

“If anyone thinks that Franchising doesn’t work, they obviously have not bought a McDonalds in Minsk.”

-Victor Clarke, Managing Partner.

We advise clients in the following areas:

  • Franchise agreements

  • Drafting of Franchise agreements

  • Franchise manuals

  • Exclusivity agreements

  • Business structure for the Franchise

  • Sale / purchases of a Franchised business

  • Disputes

  • Managing Trademarks and IP

  • Brand protection

  • Brand Rollout

  • Assisting clients in developing Franchise models

  • Financing requirements

  • GDPR issues in Franchising

  • Leasing

FAQs

View our frequently asked questions.

Franchising can bring specialist training, operating procedures, support and most importantly instant recognition to a business.

Buying a franchise varies from brand to brand. The more recognised brand that you buy the more expensive it is likely to be. It is important to know however for the smaller franchises that there is possibility to negotiate the entry price.

What makes franchises so successful is the uniformity. For example, all McDonald’s operate the same the world over. Therefore, in a strong franchise brand there should be little scope to negotiate the franchise agreement. We often tell clients that a major red flag for a franchise should be if the franchisor is prepared to amend its main agreement. If this happens in one case it will happen in many cases and the uniformity that brings such strength to franchises will be lost.

The two main types of franchising our product distribution franchising and business format franchising. Other models include investment franchising, job franchising and conversion franchising. Of all these model’s product distribution franchising is the most widely used and seen as the traditional form of franchising (i.e. the taking of a McDonalds or KFC franchise).

If you would like to know more about franchising, then check out our podcast on iTunes called “The Firm”. You can find a direct link on our homepage. Our interview with the late Tony Fitzpatrick can be found at episode number three. Podcast is an insightful interview with Tony and sets out all the main advantages, disadvantages and everything else that you should consider before buying a franchise.

OUR KEY STAFF

Learn more about our key staff in this area.

William Clarke | Commercial Solicitors Dublin

Victor Clarke

Victor Clarke
William Clarke | Commercial Solicitors Dublin

William Clarke

William Clarke
Breda Storey | Commercial Solicitors Dublin

Breda Storey

Breda Storey

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