Lawyers For Franchising And Licensing

Franchises can be a very positive, rewarding arrangement for both sides, but they have potential pitfalls as well.

The legislation can be complex, as can the contracts that govern franchises. As a franchisor or franchisee, you need to know your rights and obligations, and you need to understand what you're getting into.

Your contract can be standard across franchises or negotiated specifically for each franchise location.

A (Hopefully) Mutually Beneficial Arrangement

The lawyers at Inch Hammond Professional Corporation can help you whether you are a franchisor, a franchisee or hoping to become either. We can guide you through:

  • Franchise legislation: Franchise law in Ontario requires all parties to deal fairly with one another, and requires franchisors to provide extensive disclosure. There may also be jurisdictional issues if your franchise crosses provincial or international borders. Contracts must be examined for compliance with the appropriate legislative and administrative requirements.
  • Contract negotiation and review: A number of contracts may be involved in a franchise, including product licensing, product and service distribution, and manufacturing. There are also intellectual property considerations for trademarks and trade secrets.
  • Preparation and review of other franchise documents: Disclosure documents are the most common, but training and operations manuals may be standardized across franchises and may require review.
  • Purchase and sale: We can help finalize the purchase and sale of a franchise, and we can resolve issues relating to termination of franchise agreements.
  • Litigation: Our litigators can help if anything goes wrong. For example, a franchisee who suffers a loss because of misrepresentation in disclosure documents can pursue a private action against the franchisor and everyone who signed the document.
  • Leasing: Leases control the relationship between two parties, and a poorly structured lease can leave one party vulnerable. This includes real estate and equipment leasing.
  • Taxation: We can explain the tax consequences of various business decisions and help you if you run into any difficulties.

Contact Inch Hammond Professional Corporation

Call us at 800-339-6086 or fill out our online form if you are involved in a franchise or are considering it. We serve franchisors and franchisees in Hamilton and surrounding parts of Ontario.