Legal constraints affecting franchising: A general overview

Slides:



Advertisements
Similar presentations
Overview of Licensing, Franchising & Merchandising
Advertisements

McDonalds Europe SAFEFOODERA Ljubljana, Slovenia 8th February 2007 Dr. Bizhan pourkomailian.
1 Gurmeet S Jakhu, Partner Hamilton Pratt Solicitors Birmingham, United Kingdom Topic 1: An Introduction to Franchising and its importance for Entrepreneurs.
1 Facts of Gateway Gateway Landlord Arton Competitor of Gateway  relocates to  takes assignment of Zellers’ lease lease  Upshot: 60,000 square feet.
New Motor Vehicle Board filings, trends and statistics By Nicole Angulo, Legal Analyst and Robin Parker, Senior Staff Counsel.
1 © 2008 Venable LLP STARTING AND GROWING A FRANCHISE: THE LEGAL NUTS AND BOLTS OF FRANCHISING Thomas W. France Venable LLP February 9, 2012.
English version. A labor union is an organization of workers and union leaders unified to protect and promote their common interests and rights. A collective.
Real Estate Brokerage Chapter 10. Real Estate Brokerage The Real Estate Sales Process –Listing agreements (broker/owner relations) –Marketing the property.
Mark Abell Partner, Field Fisher Waterhouse LLP, London 5-6 November 2008.
Dannemann.com.br COMPENSATION TO MASTER FRANCHISORS UPON TERMINATION AND NON-RENEWAL OF MASTER FRANCHISE AGREEMENTS IN BRAZIL © 2012 Dannemann Siemsen.
SMALL BUSINESS MANAGEMENT Chapter 6 Franchising. History and Background of Franchising  Most rapid growth in North America since the 1950s.  1960s:
المنظمون السيد / ماركو هيرو Mr. Marco Hero Marco Hero Partner & Attorney TIGGES Rechtsanwälte Zollhof 8 D Düsseldorf / (Tel) +49.
Franchising In China & Elsewhere in Asia Presented by: Philip F. Zeidman DLA Piper US LLP.
Chapter 8 Real Estate Brokerage
Francising and the Entrepreneur Chapter 6. Franchising A system of distribution in which semi- independent business owners (franchisees) pay fees and.
1 MARKETING CHANNELS Administrative Structures Berman Chapter 12 Version 3.0.
 Franchise  A contractual license to operate an individually owned business as part of a larger chain  Franchisor  The parent company that develops.
BUYING A MASTER FRANCHISE Chantal ZIMMER French franchise federation INTERNATIONAL FRANCHISE CONFERENCE ABU DHABI FRANCHISE 2013.
Real Estate Brokerage. The Real Estate Sales Process  Listing agreement  Marketing the property and qualifying buyers  Presentation and negotiations.
What advantages and disadvantages are associated with the sole proprietorship? What advantages and disadvantages are associated with the sole proprietorship?
INTERNATIONAL FRANCHISING – BUSINESS AND LEGAL ISSUES
CHAPTER 35 FRANCHISING DAVIDSON, KNOWLES & FORSYTHE Business Law: Cases and Principles in the Legal Environment (8 th Ed.)
An Introduction to Franchising in the United States Andrew Loewinger
Goodwill Indemnity due to the Master Franchisee and/or to subfranchisees in case of Contractual Termination by the Master Franchisor 2012 IDI Annual Conference.
FRANCHISING & LICENSING LexCounsel, Law Offices
Protecting the franchised brand Horst Becker Ariathes.
Custody, client funds and premium Disclosure requirements Managing transparency and conflict of interest Ethical conduct in Financial Services Complaints.
Franchising. – A marketing system revolving around a two-party agreement, whereby the franchisee conducts business according to the terms specified by.
ESTABLISHING A FRANCHISE ASSOCIATION Brian Duckett
Fundamentals of Law (BL502) Business Structures. Fundamentals of Law (BL502) Types of Business Structure  Sole trader  Partnership  Corporation  Joint.
Entrepreneurship and Small Business Management
Please visit our website ( Annual Meeting IDI 14 June 2013 Munich Jaap van Till Van Till Advocaten De Lairessestraat.
Franchising and Internet. Is it appropirate to apply the same principles which have been established for selective distribution André Lombart CMS DeBacker.
Goodwill Indemnity in Germany © Indemnity in Germany _________________________________________________ © 2012 Legal basis not goodwill Compensation.
LEGAL ASPECTS OF FRANCHISING 18 April 2009 ALBERTO ECHARRI.
BCEN 2900 ENTREPRENEURSHIP Chapter 6 Franchising.
IIE ENTR112 MANUAL 2013 STEPS IN DEVELOPING A FRANCHISE SYSTEM.
Franchised Channels of Distribution. Overview The Agreement and Its Parties Cost of Capital Issues Agency costs, Monitoring versus Metering The Brand.
Successful Franchising Key terms of an agreement Pravin Anand Lahore, 18 th December 2007.
Chapter 35 Franchises and Special Business Forms.
F RANCHISING : A N E MERGING G LOBAL T RENDS Teacher – Shahed Rahman.
 This section details what company is the franchisor and their history  Look for a company that has been in business for at least a year  Is the company.
Sound financial foundations for your franchise 1 Franchise Accountants Network Expo Talk 2014.
The franchise process By: Osvaldo M. & Brayan P..
CHAPTER 5 LEGAL ASPECTS OF BUSINESS (Business Structures & Relationships)  2011 Thomson Reuters Legal & Regulatory Ltd. All Rights Reserved. PowerPoint.
Copyright © 2016 Pearson Education, Inc.
Developing Personnel Policies
The protection of know-how in franchising networks
Chapter 36: Sole Proprietorships and Franchises
Small Business Management, 18e
BUYING AND SELLING A UNIT FRANCHISE
Purchase and Sale: Franchises and Franchise Systems
Regulatory Update 2016 Dr Michael Schaper ACCC Deputy Chair
Francising and the Entrepreneur
Repurposing Domestic Franchise Agreements for Brand Export
Real Estate Principles, 11th Edition
السيد / رولف كيرست Mr. Rolf Gerhard Kirst المنظمون.
Regulation of franchise in Tunisia
TYPOLOGY OF DISTRIBUTION AGREEMENTS
Termination of franchise contracts
Chapter 23 Unions and the Employment Relationship
Developing Personnel Policies
Legal Symposium – Case Update 2018
Francising and the Entrepreneur
Jeopardy T/F 1 T/F 2 MC 1 MC 2 Random Q $100 Q $100 Q $100 Q $100
INTERNATIONAL EMPLOYMENT CONTRACT
The 18th Annual Franchise Law Conference
Prepared by: Enrique, Lihong, John, Jongkuk
Chapter 14 Limited Liability Partnerships,
Franchising.
Presentation transcript:

Legal constraints affecting franchising: A general overview JOHN H PRATT HAMILTON PRATT

General Overview Fraud Unfair Contract Bargaining Strength Exclusions Renewal Termination Bargaining Strength

General/Specific Constraints Anti-trust I.P. Misrepresentation General Contractual Specific: Code of Ethics Disclosure Registration Relationship

European Code of Ethics Obligations Franchisors Franchisees Recruitment Agreement Mandatory?

Disclosure General Application Specific Europe Other Information

Registration Where?

Relationship Agency/Employment Good faith Encroachment Supplier Rebates Termination

Trends Recognition Relationship Disclosure Anti-trust