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How to Draft a Franchise Contract Agreement?

22 September 20250

Franchising is booming in the UK. The British Franchise Association (BFA) counts over 48,000 franchise outlets, employing more than 450,000 people. For Manchester entrepreneurs, it’s not just a growth opportunity, it’s a lower-risk way to launch or scale with a proven business model.

The reality is that your entire investment rests on one document: the franchise agreement. If it is poorly drafted, you are locked into restrictive terms with little flexibility.

What Is a Franchise Agreement?

A franchise agreement is a legally binding contract between franchiser and franchisee. It gives you the right to trade under the franchiser’s brand, using their trademarks, systems, and operating model. In exchange, they take fees and ongoing royalties.

These agreements fall under UK contract law and may reference frameworks like the Companies Act 2006 and Data Protection Act 2018 (GDPR). Unlike starting from scratch, franchising buys you a system that’s already proven to work, reducing risk and accelerating profitability.

Key Parties in a Franchise Agreement

Franchiser – Owns the brand, IP, and operational model. They deliver training, support, and marketing guidance.

Franchisee – Buys the rights to run the business locally. They manage day-to-day operations, keep to brand standards, and pay the fees.

In Manchester, franchisers rely heavily on strong local partners to keep reputation intact and compliance tight.

Why Franchising Works

Franchising appeals because it combines independent operation with the security of an established brand.

Data from Neighborly shows 92% of franchises survive beyond two years, compared to only 20% of independent businesses.

Franchising also offers flexibility, from single-unit and multi-unit agreements to area development or master franchises, depending on ambition and resources.

Essential Clauses in a Franchise Agreement

Every UK franchise agreement covers:

  • Grant of Franchise – Rights to operate and territorial limits.
  • Duration & Renewal – Usually 5–10 years. Renewals mean renegotiation, not auto-extension.
  • Fees & Royalties – Initial fees, ongoing royalties (a cut of sales), and marketing contributions.
  • Territorial Rights – Defines your exclusive area and prevents internal competition.
  • Training & Support – Manuals, training, and ongoing guidance to protect brand standards.
  • Intellectual Property – Restricts trademark use and enforces brand consistency.
  • Confidentiality & Non-Compete – Prevents franchisees from misusing proprietary information or competing directly.
  • Termination & Exit – Grounds for termination and rules on selling/transferring the business.
  • Dispute Resolution – Typically English law, with disputes going to courts or arbitration.

Negotiating a Franchise Agreement

  • Franchisers retain significant control, but negotiation may be possible, particularly with smaller or emerging brands.
  • Get a solicitor involved. 
  • Hidden fees disguised in royalty structures.
  • Restrictive covenants that limit future opportunities.
  • Dispute resolution terms weighted against the franchisee.
  • Skipping legal advice exposes your future business to serious risk.

The Role of Franchise Consultants

Franchise consultants add another layer of insight. They test financials, the franchiser’s culture, and warning signs such as high franchisee turnover. They also guide you through the discovery day, where franchisers and candidates assess suitability.

In the UK, many consultants specialise by industry, valuable if you’re looking at a sector-specific model.

Types of Franchise Agreements

Single Unit – One site.

Multi-Unit – Several sites.

Area Development – Rights to develop multiple sites in a region.

Master Franchise – Control to sub-franchise within a larger territory.

Each type shifts how much control, responsibility, and cost sits with you.

Conclusion

A franchise agreement is more than paperwork. It is the framework that will shape your business for the next decade. For Manchester entrepreneurs, knowing the fine print on fees, territorial rights, and exit clauses is the difference between success and regret.

If you are buying into a franchise, do not sign without legal review. Experienced franchise solicitors can assess risks, protect your investment, and safeguard your long-term interests.

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