Franchises, Dealerships and Distributorships

BD&P's Franchise Team has extensive experience and knowledge in all aspects of franchise law, enabling a broad range of advice to both franchisees and franchisors. Whether new to the franchise business, well established in operations or looking to expand operations, our Team can provide the appropriate legal advice from both a practical and business perspective. Our practitioners are adept in the negotiation, structuring, set-up, branding, operation, expansion, acquisition or disposition of a franchise business.

Because franchise systems may involve a broad spectrum of issues from protecting intellectual property rights, to negotiating a lease, to expanding franchise territory, to resolving issues when franchise relationships breakdown, BD&P's Franchise Team includes practitioners with a practice focus in the areas of intellectual property & technology, commercial transactions, commercial real estate and commercial litigation. Our practitioners also work with other lawyers in the firm when the need arises, in such areas as banking, employment and tax law, to ensure seamless and comprehensive service. This Team has experience with franchise systems in a wide variety of industries including car dealerships, food service, sports, hotel, retail and health care services. BD&P is a member of the Canadian Franchise Association.

Significant Areas of Service

  • Developing franchise, dealership and distributorship systems from concept
  • Assisting with the branding of a franchise business
  • Advising on the acquisition and disposition of a franchise business
  • Advising on corporate financing
  • Advising on advertising, marketing, promotions and contests
  • Structuring franchisee/dealer advisory councils
  • Protecting intellectual property, including trademarks, patents, copyrights, designs, trade secrets and proprietary operating systems
  • Acquiring master franchise rights
  • Converting non-franchised businesses into franchised businesses
  • Negotiating and structuring leasing arrangements for premises and equipment
  • Advising and assisting in relation to territorial expansion
  • Advising and pursuing appropriate legal remedies where a franchise relationship breaks down
  • Advising on tax implications
  • Advising on all aspects of employment law and occupational health & safety matters
  • Advising on compliance with the Alberta Franchises Act disclosure requirements
  • Handling litigation and arbitration in relation to franchise relationship issues

As with all franchise, dealership and distributorship systems, agreements are important to protect the integrity, branding and goodwill of these systems as well as your investment of time and money. In that regard, we assist our clients with the negotiation and drafting of all related agreements, including:

  • Franchise agreements
  • Distribution agreements
  • Dealership agreements
  • Disclosure documents
  • Supplier agreements
  • Leases relating to premises and equipment
  • Agreements for the construction of the premises
  • Non-disclosure agreements
  • Employment agreements
  • Technology agreements
  • Outsourcing agreements