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Hamilton Pratt Franchise Specialist Law Firm Information:

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Hamilton Pratt is Europe's leading specialist franchise, licensing, agency, distribution and brand protection law firm. We also provide general commercial legal advice to a growing number of entrepreneurial businesses. We are specialists with a worldwide reputation. All our clients whether large or small are really important to us.

In the United Kingdom we act for more than 25% of the full members of the British Franchise Association, more than twice as many as any other law firm.

Franchisees - What Do We Do?

Franchise Agreement Reviews

We prepare a report on franchise agreements for a fixed fee.

Our experienced franchise lawyers will be able to tell you precisely what clauses are unusual, unfair or unworkable. Armed with a critical report, you may still decide to go ahead with the franchise in precisely the same way that you might go ahead with a house purchase after a negative survey.

Many prospective franchisees discuss issues which have been raised by their franchise lawyers with their proposed franchisor and indeed franchisors even if they are unwilling to alter their franchise agreements may provide a letter of comfort giving prospective franchisees reassurance on the issues that they are unhappy with. At another extreme you may decide that what you thought was a well established franchisor, isn’t quite as good as you have been told because the franchise agreement contains a substantial number of provisions which are unusual or unworkable – it is certainly better to know this before you have committed time, effort and money to the franchise than after!

Issues which are often raised in reports include:

1. What sort of exclusive territory is being granted. Could the franchisor compete with its franchisees?
2. Has the franchisor obtained a registered trade mark and why is it important?
3. Are the initial and continuing fees too high?
4. Is the franchisor committed to do the sort of things that franchisors normally commit to do and are these obligations clearly and unambiguously set out?
5. Can you sell your franchise business? If so, what right does the Franchisor have to prevent a sale and what payments are required to be made?
6. How easy is it for the franchisor to terminate your franchise agreement?
7. Can you renew and is this right “automatic” or can it be lost for minor breaches of the franchise agreement which are bound to arise in a long term contract such as a franchise agreement?
8. Are the minimum performance obligations “standard”.

We will also be able to help you on other issues such as incorporating your company, or forming a partnership, taking a lease of the franchise premises and advising you on the terms of any deposit agreement, which the franchisor asks you to enter into and, in particular, whether you are entitled to the deposit back, should you decide not to proceed with the franchise.

The advice we give is tailored to what you need, how far down the road you are and your experience and knowledge of franchising.

We welcome the opportunity to speak with you.

John H Pratt - Partner

Articles of interest:

Pre-Launch

Launch

The Franchise Agreement

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