Franchising is to be found almost everywhere nowadays. It means that the franchisee sells the goods or services of the franchisor. The franchisee runs his own independent company and bears the economic risk. However, he must run this company, for a fee, under the uniform market presence of the generally well-known franchisor. The franchisor not only determines the external presentation of the franchisee, but also its marketing structures.
There can be differences between partnership franchising, in which the franchisor and franchisee are on equal footing, and the subordination franchise, in which there is a relationship between franchisor and franchisee in which the franchisor assumes the superordinate role.
In order to comply with the economic importance of franchising and give it a clear structure, it is also important to precisely define this economic activity in legal terms. However, the problem is that there is no special law that deals with the area of franchising. This is because the franchise agreement is a mixed agreement, i.e. it includes elements from different types of contracts. In particular, these include elements of the purchase contract, loan agreement and lease. In addition, other regulations, in particular trade mark law and anti-trust law, must also be considered.
Just because the franchise law draws on different legal areas, knowledge of the case-law regarding franchising becomes all the more important. As this is the case, it is therefore advisable to have a franchise agreement examined by a lawyer before you sign it. The lawyers at GRP Rainer will be happy to perform this task for you.
In addition, in case of disagreements about an existing franchise agreement, the lawyers of the GRP Rainer are the right contact for you. We will review your contracts and comprehensively advise you about the possibilities.
We will support you in all matters related to franchising, both nationally and internationally. In particular, we will supervise the start of franchise relationships, problems within a franchise contract, and - if necessary - its termination. We can also help you with claims for compensation arising from your franchise relationship. If you have any questions it is advisable to consult a lawyer as soon as possible.