Franchising

Franchising is a contractual commercial relationship where the franchisor allows a franchisee to use its trade name, marks and brands while exercising continuing control over a franchisee. The franchisor is usually obliged to provide training and assistance to a franchisee. The franchisee is required to make an initial and continuing payment to the franchisor.

Dillon Solicitors is a law firm which provides a wide range of legal services to business and private clients for over 16 years. We have developed expertise in the franchising field in over the years and we offer effective and practical advice to our clients in relation to all legal issues affecting franchising.

We advise both franchisors and franchisees on all legal issues in franchising ventures.

The work we carry out for franchisors includes the following:

  • Preparing a franchise agreement checklist which raises all the issues which need to be established for the agreement to be prepared and ensuring that it focuses on all the important issues
  • Advising on the franchise manual which sets out the day to day requirements for franchisees
  • Advising on leases and sub-leases
  • Advice on franchisor’s commitments and obligations and advice if these are clear and unambiguous

The work we carry out for franchisees includes the following:

  • Prepare a report on franchise agreements setting out any clauses that are unusual, unfair or unworkable
  • Advice on exclusive territory that may be granted
  • Advice on the initial and continuing fees and the framework for same
  • Advice on the sale of your franchise business and the rights that the franchisor has to prevent a sale and what payments are required to be made
  • Advice on the termination of your franchise agreement
  • Advice on the right to renew and if 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
  • Advice on the minimum performance obligations and if these are standard or, in the alternative, unusual

If you require advice in relation to any of the services listed above or if you wish to receive copies of our client newsletters and / or our business ezines please contact us on 01-2960666 or at info@dillon.ie.