Franchise Disputes can include:
- Non-payment of fees
- Breach of policy or procedure
- Breach of Intellectual Property Rights
- Non-performance or breach of the Franchisee’s obligations
- Non-performance or breach of the Franchisor’s obligations
- Disputes in respect of the termination of the Franchise Agreement
- Disputes in relation to Personal Guarantees provided by the Franchisee to the Franchisor
It is therefore essential that whether you are a Franchisee or a Franchisor and a dispute occurs that tailored legal advice is taken as a matter of priority. If a dispute is left unaddressed and not resolved it potentially could have far wider consequences, particularly if it emerges at the outset of the term of the Agreement.
Franklins’ Solicitors experienced commercial litigation team appreciate that it is in the parties interests not to litigate if there is a prospect of a continued relationship and the onward operation of the Franchise Agreement. It is therefore essential that a course of action is undertaken that is most appropriate for the client and if possible and proportionate to utilise methods of Alternative Dispute Resolution, specifically Mediation, in order to settle a dispute without the need of terminating the entire Franchise Agreement.
There are however occasions where a dispute has arisen where there is no prospect of a continuation of the Franchise Agreement and it is therefore necessary that the client is fully aware of the termination provisions and their effect and consequence. Franklins Solicitors’ commercial and pragmatic legal advice is essential to ensure that the exit or termination of a Franchise Agreement occurs on the best available terms.