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If you are a franchisee then you will need to use a company and commercial solicitor to look thoroughly at the agreement. From this agreement will come the franchisee’s rights and the franchisor’s rights and it is therefore crucial that this agreement is properly drafted. Your company and commercial solicitor will talk to you about what should be included in the franchise agreement and will talk to you about what you would like to happen in certain situations. For example, consider that the term granted for your franchise is ten years and the business proves so successful that after that period you want to continue with the franchise, but the franchisor decides that the success is due to location and wants to take that branch back so they can take the profits from it. What does your agreement say? It should deal with situations like this and should allow you the option to continue the franchise after the completion of the term; a company and commercial solicitor will ensure that your agreement does deal with this. The essence of franchise law is contract law and if this is working effectively, is there really any need to change the law on franchises? There is European law that may be relevant, such as competition law, and there is guidance issued by the British Franchise Association which can be followed voluntarily. It may be useful to codify the law into one statute, but if this makes the law contradictory or complex, then perhaps it is better left the way it is.
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