Franchising

The Franchising Group has experience with advising established and emerging franchisors in a range of industries that include restaurant/fast food, retail pharmacy, service and retail. It also represents franchisees with the establishment and implementation of new franchises and the purchase and sale of existing franchised businesses.

RBS understands the legal concerns that are unique to franchised businesses. The Franchising Group’s lawyers were members of the Canadian Bar Association (BC Branch) Special Committee that prepared written submissions and recommendations with respect to the implementation of franchise legislation for British Columbia that came into force in February 2017.

The Franchising Group uses relevant experience from RBS’ other practice areas, as described below and as needed, to assist clients with their growth and success. It can advise clients in all the areas required, including:

Franchise agreements and compliance with franchise legislation

The Franchising Group regularly advises franchisors and franchisees on startup issues, compliance with franchise legislation, the negotiation and preparation of franchise agreements (including master franchise agreements and related agreements), franchise disclosure documents, termination of existing franchises, and exercising rights of first refusal under franchise arrangements.

Intellectual property and brand protection

RBS considers and addresses any assets of your business that require intellectual property protection. RBS’ Trademark agents manage all aspects of trademark portfolios in Canada, the USA and abroad.

Supply and distribution relationships

The Franchising Group negotiates and drafts supply and distribution agreements that protect your interests and build long-term productive relationships with your suppliers.

Commercial leasing and real estate matters

The lawyers at RBS regularly advise clients who own or lease industrial property, warehouse space, office buildings, air space and retail centres, and assist landlords and tenants with structuring, preparing and negotiating leases.

Employment issues As your operation grows, the Franchising Group helps you establish and maintain an employment infrastructure that attracts and retains talent, while protecting your business in a commercially reasonable way.

Franchise disputes

The business litigators at RBS will assist you with franchise-related disputes, such as commercial lease disputes, termination of franchise arrangements, breaches of contract and non-compliance with franchise legislation. The Franchising Group’s lawyers have appeared before all levels of court in complex commercial litigation, arbitration proceedings and other forms of alternative dispute resolution.