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Finalists revealed for prestigious Franchisor Awards

April 27th, 2011 by Cathryn Hayes in Franchise Industry News

Cathryn Hayes - HSBC Head of Franchising

A shortlist of 13 franchisors has been announced in the 2011 bfa HSBC Franchisor of the Year Awards, supported by Express Newspapers. The finalists were selected from entries spanning multiple sectors, business size and locations across the UK to reveal this year’s potential Award winners.

The Awards represent an opportunity for the UK’s best franchisors to gain recognition for their achievements in 2010; a year when many businesses had to work harder than ever to compete successfully in a tough economic climate. Finalists will now meet the judges face-to-face to bring to life the people, the passion and the stories behind their businesses which will inspire the next generation of franchisors and franchisees.

Franchisors shortlisted are as follows:

bfa HSBC Franchisor of the Year Award, supported by Express Newspapers

HSBC Franchisee
Support Award

Express Newspapers
Brand Builder of the Year Award

Belvoir Lettings Dream Doors Belvoir Lettings
Cash Generator Little Kickers Expense Reduction Analysts (UK)
Driver Hire Granite Transformations McDonald’s
etyres Auditel
Home Instead Senior Care Autosmart
McDonald’s O2

The winners in each of the three categories will be announced at the 22nd British Franchisor Awards gala dinner on 16 June 2011 at the Heritage Motor Centre, Warwickshire.

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How to Go About Finding a Franchise

April 20th, 2011 by Nick Strong in Franchise Sales and Development in the UK
Nick Strong, MD - Select Your Franchise

Nick Strong, MD - Select Your Franchise

A franchise can present be a great alternative to self-employment rather than simply going it alone. Based on a proven business model, 9 out of 10 UK franchise businesses claim their are trading profitably according to the annual bfa/Natwest franchise surveys. But having decided that a franchise could be a good option for you, what ways are available for you to begin finding out which one’s right for you?

Franchise Exhibitions

Franchise exhibitions are a good opportunity to see a wide range of franchise business opportunities all under one roof. In addition there are often franchise seminars on a wide range of topics relating to franchising. Franchise exhibitions are often free or inexpensive to attend for franchise seekers, and so are a great option for someone seriously considering starting up a franchise business that wants to meet the franchisors face to face. Franchise exhibitions are usually very large with often 100+ franchise opportunities exhibiting. For this reasons its worth doing a little research beforehand and planning on which stands you might like to visit and get further information from.

Franchise Magazines/News

Franchise magazines often showcase a wide range of franchises as well as having plenty of helpful articles from franchise industry experts. Most of these magazines will be obtainable from a good newsagent or can be ordered online. In addition, some of the major newspapers feature regular weekly franchise sections which give latest news on the franchise industry and often some features on specific franchise opportunities.

Franchise websites

Researching online is easy to do right from your own home. There are a good range of franchise directory websites online, which allow you to quickly whittle down the huge range of franchise opportunities into ones which suit your preference, investment range and trading location. These sites will often feature streaming franchise video content which can give you a great opportunity to find out what you might expect from the franchise. Also, helpful news, testimonials and expert information articles can all help along the way to get you closer to your decision in investing in the right franchise for you.

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How reasonable are the restrictive covenants in your franchise contract?

April 19th, 2011 by Fiona Boswell in Franchise Legal
Fiona Boswell - Senior Associate Solicitor, Freeth Cartwright LLP

Fiona Boswell - Senior Associate Solicitor, Freeth Cartwright LLP

A recent case1 has highlighted the courts reluctance to intervene in “rewriting” RC’s to make them enforceable.  This means it is even more important to ensure that your RC’s are reasonable.

RC’s – the Law

The general rule is – a franchisor has a legitimate right to protect its interests in the territory   where its franchisees operate – i.e. when a franchise comes to an end for a reasonable period of time the franchisor can prevent the former franchisee from competing with the incoming franchisee, and from poaching staff and/or employees etc.

What is reasonable?

In the Pirtek case2 the court held that a post termination restraint of 1 year that prevented the franchisee from, in the franchise territory, carrying on a similar or competing business was reasonable.

This case established a two-fold test (1) looking at whether the restriction is necessary to protect the franchisor’s goodwill3 and (2) whether, the restraint is essential to prevent the risk that knowhow and assistance provided by a franchisor will after termination, be used by a franchisee to aid the franchisor’s competitors4.

Your Options

Franchisor Franchisee

Get a contract check – find out if your rc’s are enforceable.

  • Provide your franchisees with appropriate levels of knowhow and assistance.

  • Customers are loyal to people and not brands. Maintain good links with your customers.

  • Get as much customer data and information from your franchisees as you can
  • Keep “schtum” with staff or customers until your franchise contract has come to an end.
  • Bargain – secure agreement to changes to make your RC’s reasonable
  • Comply with your franchise contract. You may breach other provisions of your contract if you compete even if the RC’s are not reasonable.
  • Keep the dialogue open and be co-operative
  • Wait  – if your RC’s are reasonable – wait until they expire.

Fiona is a Senior Associate Solicitor at Freeth Cartwright LLP and Head of FC Franchise Build, Manage, Grow, Exit ™ Unit. You can contact Fiona on 0845 070 3812 or e-mail fiona.boswell@freethcartwright.co.uk

1Francotyp-Postalia Ltd v Whitehead and others [2011] EWHC 367
2Pirtek (UK) Ltd v Joinplace Ltd (t/a Pirtek Darlington) & Ors ([2010] EWHC 1641 (Ch))
3ChipsAway International Ltd v Errol Kerr [2009] EWCA Civ 320
4Case 161/84 – Pronuptia de Paris GmbH v Shillgallis [1986] 1 CMLR 414
Whilst every effort has been made to ensure the accuracy of this article, it does not provide complete coverage of the subjects referred to, and it is not a substitute for professional legal advice and should not be relied upon as such.
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