Franchisor Services

Fields of expertise

Franchise law
Business law
Commercial and Civil Litigation
Injonctions and Safeguard Orders
Commercial law
Corporate law
Publicity law
Real estate law
Surety law
General civil law

Examples of mandates

Purchase/sale of a franchise;
Acquisition/sale of a franchise network;
Start-up, management and development of a franchise network;
Evaluation of the feasibility of a franchise concept;
Drafting, reviewing and negotiating contracts;
Exporting franchise concepts outside Quebec;
Drafting, reviewing and negotiating contracts;
Providing advice and legal opinions within the fields of expertise hereinabove mentioned;
Drafting and reviewing Operation manuals;
Drafting and reviewing Disclosure documents;
Advising other lawyers on franchising;
Mergers and acquisitions;
Incorporation and organization of companies;
Drafting and reviewing contest rules;
Reviewing publicity (newspapers, magazines, radio, etc.);
Creating and instauring dispute management systems in franchise networks;
Drafting and reviewing dispute resolution mechanisms;
Corporate reorganizations;
Succession planning; and
Drafting and reviewing rules of governance, internal procedures and policies, minutes of meetings and resolutions.

Types of contracts

Master franchise agreements	Franchise agreements
Offer to purchase/sale assets/shares	Moveable hypothec
Letter of intent	Management agreement
Area Development agreement	Peaceful Enjoyment Agreement
Employment contract	Rental space acknowledgement
Commercial lease	Sublease agreement
Option to Lease	Loan agreement
Services contracts (ex. marketing,sponsors,supplier of products/servicesIT,publicity,training)
Equipment lease agreement	Shareholder/Partnership agreements
Mandate	Wills
Operations Manual	Deposit Agreement
Manufacturing agreement	Regional Development Agreement
Guarantee	Distribution agreement
Non-disturbance agreement	Licence agreement
Joint venture agreement	Franchise request form
Credit check information form	Non-competition agreement
Non-disclosure agreement	Confidentiality agreement
Change of franchisor agreement	Proxy
Operations agreement	Rental space agreement
Lease transfer agreement	Offer to lease
Resolutions	Transfer of a franchise
Minutes of meetings	Credit research request form
Sale of Equipment Agreement	Purchase/Sale of assets/shares agreements

Other documents and services

Demand letter;
Legal translation services;
Updating minute books;
Registration of moveable hypothecs;
Contest rules;
Initial declaration and annual reports;
Name search and registration; and
Prior notice of exercise of rights.

as well as all other ancillary documents and services to those hereinabove mentioned.

Services and Training

The mandate: the agreement between a client and a law firm
Training of executives and managers in business law
The management of a file before the Courts
How to choose a law firm?
Creating, managing and developing a legal department in a company
The evaluation of a company’s requirements for legal services
How to choose an attorney for a company?
The standardization of contracts in a company
The creation of a profit centre in an in-house legal department
The role of an attorney in a company
The management of an in-house legal department
The transition to a new law firm
Costs/benefit analysis of creating a legal department and evaluating an existing one
Legal research: who, what, when, why and how?
Training services for reviewing invoices for professional services
The prevention of disputes in franchising
The management of disputes in a franchise network - Dispute Management Systems
Dispute resolution mechanisms
How to understand a legal opinion?
Your rights: Understanding Professional Billing
How to explain professional fees to the Board of Directors?
The relationship between a company and a law firm

B. Dispute Resolution Mecanisms and Dispute Management Systems

Index of book by Claude J. Pellan

I Introduction

II The Big Picture - Dispute Management Systems
    1.0 Disputes
    2.0 Sources of disputes
    3.0 Dispute resolution mecanisms
    4.0 Dispute management
    5.0 Dispute management systems
    6.0 Why study dispute management systems in the field of franchising?

III Exploration
    1.0 Exploration committee
    2.0 External consultant
    3.0 Contexts
          3.1 Study of the organization
          3.2 Study of disputes
          3.3 Study of the existing dispute management system
          3.4 Study of business partners
          3.5 Study of the environment
          3.6 Portrait of the context
    4.0 Communication channels
    5.0 Objective and strategy
          5.1 Objective(s)
          5.2 Strategy
    6.0 Study of the feasability of introducing a dispute management system

    7.0 Governance
    8.0 Strategic partnering

    9.0 Choice and communication of decision

  10.0 Report and presentation

IV Conception

   1.0 Conception committee
   2.0 External consultant
   3.0 Resources
   4.0 Selection
   5.0 Training
   6.0 Other resources
   7.0 Documents
        7.1 Mission and corporate strategy
        7.2 Rules, policies and programs
        7.3 List of contracts and other documents
    8.0 Motivation
          8.1 Introduction of dispute management system
          8.2 Use of dispute resolution mecanisms
    9.0 Prevention
   10.0 Publicity campaign
   11.0 Introduction of dispute resolution mecanisms
          11.1 Methods
          11.2 Will of the parties
          11.3 Reverse dispute resolution mecanism
    12.0 Who drafts the dispute resolution mecanism?
    13.0 Between who and to what applies the dispute resolution mecanism?
            13.1 Between who?
            13.2 What does it apply to?
    14.0 What are the legal forms of dispute resolution mecanisms?
            14.1 Internal dispute resolution mecanisms
            14.2 External dispute resolution mecanisms
    15.0 Step by step treatment process for disputes
    16.0 Summary report
    17.0 Communication
    18.0 List of things to do


V Introduction of a dispute management system
   1.0 Introduction committee

   2.0 Mission and corporate strategy

   3.0 Rules, procedures and programs
   4.0 Contracts and other documents - Incorporation of the dispute resolution mecanism
   5.0 Training
   6.0 Resources
   7.0 Selection
   8.0 Motivation
   9.0 Introduction strategies
      9.1 New franchisees

        9.2 Expiry of the term of franchise agreements
        9.3 The entire franchise network
       9.4 Business partners
       9.5 Strategic partners
        9.6 Important changes to the franchise network
        9.7 Pilot project

    10.0 Report

    11.0 Communication

VI Evaluation

    1.0 Evaluation committee
    2.0 Objective(s)
    3.0 Dispute management system
    4.0 Dispute resolution mecanism
    5.0 Report
    6.0 Communication

VII Administration

    1.0 Administration committee
    2.0 Budget
    3.0 Annual report
    4.0 Communication

VIII Hypothecary recourses

IX Impartition

    1.0 New uses

    2.0 Increasing the utilization rate of dispute resolution mecanisms

X Why introduce a dispute management system in a franchise network?

XI Constraints and reserves to introducing a dispute management system

XII Analysis of existing dispute management systems and dispute resolution mecanisms

XIII Conclusions

QUEBEC

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