FRANCHISER
Franchisee candidate
A powerful business model, franchising is a contract that few lawyers master. For the franchisor, the franchise contract offers a powerful tool for rapid development, and for the franchisee, the opportunity to launch a self-employed business within a structured framework that has proved its worth.
Whether you are a franchisor or a franchisee, LEX-PORT can support you in this ever-expanding business model, which also places high technical demands on the contractual and commercial aspects of its implementation, and which must be rigorously monitored throughout the life of the franchise contract.
Legal and commercial audit of a franchise project.
- LEX-PORT conducts a legal audit of your company or concept to determine if it is operational for expansion as a franchise, and if so, the necessary steps to make it franchise-ready.
- As for the commercial aspect, LEX-PORT conducts a commercial audit by a former franchisor who rapidly expanded their franchise in France and abroad, now a specialized franchise commercial consultant.
- If you are a franchisee, LEX-PORT and its commercial partner analyze the franchise you are interested in to determine if you are investing in a structured framework that offers you every chance of success.
Protection and enhancement of the various intellectual property rights that identify the franchisor's concept
- Analysis of all intangible elements of your company that need to be protected before moving into franchising: trademark, brand name, company name, domain name, website, designs and patterns, copyright, patent...
- Audit of their current protection status and implementation of additional protections needed at national, European, or international levels.
Drafting of the franchise agreement and the pre-contractual information document (Franchise Disclosure Document, FDD).
- The franchise agreement and the FDD are highly technical documents, specific to the franchise model, whose pitfalls can only be avoided with the assistance of lawyers and consultants experienced in this mode of development. These documents are of paramount importance as they will serve as the foundation for development with all future franchisees.
- For the franchisee, these documents represent adhesion contracts that they generally cannot negotiate extensively, but which they must analyze and compare before choosing the franchise that offers them the best assurances of support and therefore the best chances of success.
Support in the integration of every new franchisee.
- Every integration of a new franchisee is a significant operation for the franchise's development, during which LEX-PORT accompanies you.
- For the franchisee, signing a franchise agreement also entails a multitude of operations for which LEX-PORT intervenes for every business creator: company incorporation, various investments and bank loans, signing a commercial lease and contracts with suppliers, drafting general terms and conditions for customers, hiring employees...
Monitoring of franchisor/franchisee relationships during the execution of the contract.
- Once the franchise agreement is signed, it is then important to ensure its proper enforcement throughout the duration of the contract in order to give it full effect. LEX-PORT advises you on any questions or difficulties that may arise during this time.
- The termination of a franchisee's contract or financial difficulties encountered by the franchisee can lead to disputes between the parties that need to be resolved amicably. LEX-PORT intervenes in this situation to protect the interests of its client, whether it be the franchisor or the franchisee
Franchise litigation
- The difficulties arising between the parties may lead to legal proceedings. With its experience in commercial litigation and franchise law, LEX-PORT is the appropriate firm to defend you before all commercial courts in France where the presence of a locally admitted attorney is not mandatory.
