No franchise agreement is the same. How a franchise agreement is setup depends on the type of franchise being bought and sold. There will definitely be provisions in the franchise agreement that will have a direct impact on how you run your business. The franchisor may choose the location of...
How a franchise agreement is setup depends on the type of franchise being bought and sold. No franchise agreement will be the same. There will definitely be provisions in the franchise agreement that will have a direct impact on how the franchisee run the franchise. You, the franchisor, may choose...
Buying a franchise is an alternative option for entrepreneurs who don’t want the risks of starting a new business. Franchising is a public business format and people recognize a franchise business because it carries a well known trademark and brand. South Africa has over 400 franchise systems and...
If you are a business owner and you want to start a franchise, or buy a franchise, you will need a franchise attorney to setup a franchise contract that is lawful within the scope of statutory and common law contractual requirements. Both parties must have contractual capacity to enter into an...
Article by Esmari Jonker, Attorney – Head of Franchising, Smit & Van Wyk Published in FASA (Franchise Association Manual) Franchise Manual 2019. A franchise system is based on a reciprocal relationship between a franchisor and its franchisees. For a franchise group to expand, one...
Legal representation when buying a Franchise Rather than starting your own business, you can purchase an established successful business franchise. Buying a franchise has it’s advantages and disadvantages, but it is at least a path to self employment. Before you invest, make sure you do a lot of...
Legal representation when Starting a Franchise A business that has set out its systems and procedures, and is trading profitably, may choose to start a franchise. Successful franchising is difficult but if you want to expand your business to its’ maximum size and profitability, you may wish to...
Franchise Contracts and Licence Agreements How a franchise agreement is setup depends on the type of franchise being bought and sold. Many countries have specific laws on franchising and what is allowed in the franchise agreement. There will definitely be provisions in the franchise agreement that...
Legal Representation for Franchisors and Franchisees Franchise attorneys act on behalf of local as well as international clients in the franchise industry. Esmari Jonker is an Attorney of the High Court of South Africa with more than 16 years experience with...
Franchising means the licensing of a franchisor’s business model to a franchisee. The franchisor appoints franchisees to expand its business by means of separate and individual franchise outlets. The franchisor’s success will depend on the success of the franchisees as...
Congratulations to Esmari Jonker on being named a 2021 Client Choice Award Winner! All winners of the 2021 Lexology Client Choice Awards were announced on the 14th of October 2021 and Esmari Jonker has been recognised for her excellent quality of service in the franchising category. The criteria...
Specialist legal advice on franchising and franchise contracts Franchising legal advice is specialised and differs from other areas of law, thus you need find yourself an attorney that specialises in this specific type of law. Franchise attorneys represent the...
Smit & Van Wyk contributed to the International Comparative Legal Guide series – Franchise 2018 together with our Head of Franchising and Franchise Attorney, Esmari Jonker. The chapter that covers relevant Legislation and Rules Governing Franchise Transactions, originally appeared...
What Is a Franchise operations manual? A franchise operations manual is the primary document that governs the day to day franchise procedures and operational requirements. The manual should be specify in detail the procedures with which franchisees should comply in order to operate their franchise...
Franchising: When the franchisor grants licensing rights to a franchisee to use the franchise business system. The franchisor will remain the owner of all intellectual property rights surrounding the business system. Franchiser Agreement A franchise agreement should specify the basis on...
Franchise attorneys deal with all legal aspects between franchisors and franchises. The business that starts the franchise is the franchisor and will license its trade name, operating methods and intellectual property to the franchisees. If you are the franchisor you may benefit from additional...
Many well known South Africa franchises are based on long running agreements between franchisors and franchisees. Portions of these agreements or, in some cases, the full agreements may very soon be found to be invalid because they may be found to be contrary to current South African legislation....
The legal principles of franchising have been long established in South Africa and are based on common law principles. However with the commencement of the Consumer Protection Act 68 of 2008 and specifically the commencement of the Consumer Protection Regulations in 2011, the franchising...
A franchise agreement is in essence not defined in separate category of law, but is governed by existing law of contracts. More specifically, a franchise agreement is a licence agreement whereby certain intellectual property is licensed by a franchisor to a franchisee. Included in the licensed...
Many well known South Africa franchises are based on long running agreements between franchisors and franchisees. Portions of these agreements or, in some cases, the full agreements may very soon be found to be invalid because they may be found to be contrary to current South African...