Franchise Lawyers in Germany

The franchise contract forms the legal basis of the franchise system and defines the rights and obligations of the parties involved. It outlines the terms, rights, and obligations governing this partnership. Such a contract is considered a continuing obligation (according to § 314 BGB), establishing a permanent contractual relationship with ongoing obligations between the parties. Franchisors must, therefore, ensure that the franchise agreement protects you, your business model and your intellectual property. Crafting a robust franchise agreement requires meticulous attention to detail, legal expertise, and a keen understanding of the unique dynamics of franchising. At Schlun & Elseven Rechtsanwälte, we specialise in drafting franchise agreements that meet legal requirements and serve as a blueprint for successful franchising ventures.

Let our experienced German contract lawyers review your contracts and franchise agreements. We analyse the contractual terms precisely and ensure they comply with the legal requirements. Due to the complexity and the bilateral nature of franchise agreements, copyright, trademark and commercial law and the provisions of product distribution must be observed in particular. No two franchise agreements are alike, as each franchise system has its intricacies and requirements. At Schlun & Elseven Rechtsanwälte, our team of experienced German franchise lawyers works closely with franchisors to understand their business model, goals, and objectives, ensuring that the franchise agreement is tailored to their needs and circumstances. Whether it involves structuring territorial rights, defining royalty payments, or protecting intellectual property, we provide personalised legal solutions that align with our clients’ business objectives.

A well-drafted franchise agreement provides comprehensive protection for franchisors and franchisees, clarifying rights, responsibilities, and expectations for all parties involved. Our German franchise lawyers pay meticulous attention to every aspect of the agreement, addressing potential areas of contention and mitigating legal risks to safeguard our clients’ interests. From outlining operational standards to establishing dispute resolution mechanisms, we ensure the franchise agreement is a robust framework for the franchising relationship.

In addition to meeting our clients’ business needs, our franchise agreements adhere to the highest legal standards and regulatory requirements. We stay abreast of changes in franchise law and regulations, ensuring that our agreements reflect the industry’s latest legal developments and best practices. Depending on the contract, industry-specific requirements may also need to be considered. Our commitment to legal compliance provides our clients with peace of mind, knowing that their franchise agreements are legally sound and enforceable.

At Schlun & Elseven Rechtsanwälte, our German franchise lawyers will assist you in drafting a legally compliant, watertight franchise agreement that preserves your rights and will represent you in any legal disputes.

Once the franchise agreement has been drafted and approved, the focus is on running the business. Our lawyers advise you on the requirements for establishing a business in Germany. As an independent entrepreneur, the franchisee decides on the legal form of the business. However, the franchise agreement may contain clauses that determine the company’s structure to be established. At Schlun & Elseven Rechtsanwälte, we understand the complexities of running a franchise business in Germany and offer tailored legal solutions to help our clients overcome these challenges effectively.

For franchisors, our German franchise lawyersanalyse the franchise system and support them in developing the franchise structure. Even if your company was previously successful as a stand-alone business, adjustments might be necessary so the franchisee can quickly adopt the format. To ensure that the franchisees adhere to your business model, there is the option of creating a franchise manual. It should be noted that franchise businesses in Germany are subject to a myriad of regulatory requirements at the local, national, and international levels. Ensuring compliance with these regulations is essential for avoiding legal penalties and reputational damage. Our German franchise lawyers provide expert legal guidance on regulatory compliance matters, helping franchisors face complex legal frameworks and mitigate the risk of regulatory violations.

Furthermore, franchise businesses in Germany may rely on intellectual property assets, including trademarks, logos, and proprietary systems and processes. Protecting these assets from infringement and unauthorised use is crucial for maintaining the integrity and value of the franchise brand. Schlun & Elseven Rechtsanwälte offers comprehensive legal services in intellectual property protection, helping franchisors safeguard their valuable IP assets and enforce their rights against infringers.

Ensuring compliance with regulatory standards is a legal obligation and a crucial step towards building trust and transparency in franchisor-franchisee relationships in Germany. Franchise registration and disclosure compliance are foundational pillars, and at Schlun & Elseven Rechtsanwälte, we recognise the significance of these processes. For this reason, we offer specialised legal expertise to guide franchisors through every step of the compliance journey. Our team deeply understands German federal and state regulations and the international regulatory landscape. Our experienced German franchise lawyers assist franchisors in comprehensively analysing and interpreting regulatory requirements, ensuring that their franchise offerings adhere to all relevant laws and regulations.

Franchise registration often involves submitting documentation to regulatory authorities and obtaining necessary approvals. Our legal experts work diligently to streamline this process, providing guidance on preparing and filing registration documents, communicating with regulatory agencies, and ensuring timely compliance with all regulatory deadlines. In addition to franchise registration, disclosure compliance is equally critical for fostering transparency and trust between franchisors and prospective franchisees. Franchise disclosure documents (FDDs) play a pivotal role in this process, providing vital information about the franchise opportunity, its terms, and the obligations of both parties involved. Our team assists franchisors in Germany in drafting comprehensive and legally compliant FDDs, ensuring that all required disclosures are accurately documented and presented to prospective franchisees.

Beyond initial compliance efforts, our commitment to our clients extends to ongoing support and guidance in maintaining regulatory compliance throughout the lifecycle of their franchise operations. Our German franchise lawyers conduct audits and reviews to ensure that franchise agreements and disclosure documents remain up-to-date with evolving legal standards and regulatory changes, mitigating the risk of non-compliance and associated legal challenges.

At Schlun & Elseven Rechtsanwälte,  we offer personalised legal solutions tailored to the unique needs of each franchisor, providing expert guidance and support every step of the way. Our comprehensive approach and unwavering commitment to excellence empower franchisors to face the regulatory requirements of franchising in Germany with confidence, transparency, and peace of mind.