Certainty and balance in franchise relationships

A franchise agreement establishes the arrangements between a franchisor and a franchisee. The franchisee is granted the right to use a proven formula, brand name, and support, in exchange for payment of a fee. The franchisor retains control over the formula and ensures the quality of the network. Since the implementation of the Franchise Act, specific legal rules have been in place to protect the franchisee. Therefore, a clear and legally correct franchise agreement is essential for both parties.

What does a franchise agreement regulate?

A franchise agreement includes provisions regarding:

  • Use of the brand, know-how, and corporate identity
  • Duration and termination of the agreement
  • Franchise fees, such as entry fees, royalties, or marketing contributions
  • Territorial exclusivity or competition restrictions
  • Support from the franchisor (training, marketing, IT)
  • Obligations of the franchisee, such as operations and administration
  • Information obligations and consent requirements under the Franchise Act
  • Non-compete clauses after the termination of the franchise

The law also imposes requirements on the pre-contractual phase. For instance, the franchisor must provide information to the prospective franchisee in a timely manner to make an informed decision. Proper guidance during this phase is therefore also of legal importance.

Legal advice on franchise agreements

We assist franchisors and franchisees in drafting, reviewing, and revising franchise agreements. We ensure compliance with legal obligations and that the commercial interests of both parties are well protected.

Choose a solid legal foundation

Do you want to establish a franchise formula or join a franchise concept? Contact us for legal advice and a customized franchise agreement. This way, you can prevent misunderstandings and build a sustainable partnership within clear legal frameworks.

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