David Bond

Partner, Fieldfisher

David Bond is a partner in the Commercial IP group at law firm, Field Fisher Waterhouse LLP, specialising in Brand Management, advising clients on ways to promote and commercially exploit their brands and other intellectual property.

As head of the firm’s Advertising and Marketing Group David assists clients to develop awareness of their brand, specifically advising on all forms of marketing communication and promotional activity, both in the traditional media of print, TV and radio and increasingly online, within a client’s own website and third party social media sites and mobile.

David’s clearance work involves advising both advertisers and their agencies on advertising copy, dealing with the industry regulators and lodging and defending ASA complaints. On the contract side, David drafts and negotiates a wide variety of commercial agreements on behalf of advertisers and agencies, such as client/agency contracts, endorsement/merchandise contracts, venue hires and sponsorship agreements. David has also structured and drafted the relevant terms for numerous loyalty reward programmes.

David also advises on the legality of all forms of sales promotion and drafts terms and conditions for both free prize draws (sweepstakes) and skill based competitions and related handling house and redemption contracts.

David has advised both the Advertising Association (AA) and the Incorporated Society of British Advertisers (ISBA), operating the latter’s advertising legal hotline for its members.

David is also a specialist franchise lawyer and member of the firm’s leading franchise practice, advising a broad range of clients to use franchising as a means of corporate expansion both in the UK and overseas, with a particular focus on the retail, food and beverage and services sectors. David is the co-author of the Franchise, Agency and Distribution volume of Butterworths “Encyclopaedia of Forms and Precedents”.

David is the only UK lawyer to be ranked by the legal directory Chambers 2012 as a leading expert in both franchising and advertising and marketing.

Contributed to

6

Environmental claims in advertising

Practice notes

This Practice Note summarises the principal controls surrounding the use of environmental claims in advertising, including greenwashing and eco-friendly claims, and covers the following key areas: overview of environmental claims in advertising, the relevant legislation, the self-regulatory codes and sanctions for non-compliance.

TMT

The British Franchise Association (BFA)

Practice notes

This Practice Note examines the role and remit of the British Franchise Association (the BFA) in the franchise industry in the UK. It looks at the legislative and regulatory framework in the franchise industry, the membership criteria of the BFA, the BFA’s Code of Ethical Conduct, the complaints and appeals process of the BFA, the sanctions which the BFA can impose upon its members, and the relationship between the BFA and the European Franchise Federation.

Commercial

Deed of termination of franchise agreement

Precedents

This Precedent is a deed of termination for a franchise agreement under which the parties to an existing franchise agreement mutually agree to terminate that agreement prior to its anticipated end-date, which may be as a result of the sale of the franchise business by the outgoing franchisee to a new incoming franchisee or by mutual consent. This deed of termination is drafted on the assumption that there is no dispute between the parties relating to their rights and obligations under the existing franchise agreement.

Commercial

Franchise business sale agreement

Precedents

This Precedent is a franchise business sale agreement for use by an outgoing franchisee selling the business and assets of its existing franchise (the seller) to a new incoming franchisee (the buyer) and the principal franchisor. It is drafted from the perspective of the franchisor.

Commercial

International franchise development agreement

Precedents

This Precedent International franchise development agreement is intended for use where a franchisor wishes to appoint a franchise developer to sell/open units/stores and sell products/services in a particular territory. A franchise developer opens stores and (re)sells goods or services under a business method developed by the franchisor, and whose sales success is proven. This Precedent is for the development of an international franchise business model and is drafted with a franchisor bias.

Commercial

UK regional franchise development agreement

Precedents

This Precedent UK regional franchise development agreement is intended for use where a franchisor wishes to appoint a franchise developer to sell/open units or stores and sell products/services in a particular territory. A franchise developer opens units or stores and (re)sells goods or services under a business method developed by the franchisor, and whose sales success is proven. This Precedent is for the development of a UK franchise business model and is drafted with a franchisor bias.

Commercial