Fiona Boswell

Partner, Knights plc

Fiona is Head of the Franchising and Commercial Services Team at Knights plc and has over 17 years’ experience in advising businesses on commercial contracts of all kinds and in particular on setting up, managing, growing and exiting franchise networks. This includes the preparation of pilot, master, development, management and standard franchise contracts, assisting with franchise roll out, advising on regulatory compliance, the management and removal of underperforming franchisees, terminating franchise contracts, enforcing restrictive covenants, charging deposits, franchisee associations, franchise resales and data protection compliance. Fiona’s experience has been gained both in private practice and working in house for brands that franchise in the UK and overseas. Her clients span the full spectrum of sectors from hospitality to domiciliary care.

Fiona also advises franchisees that operate multiple units or multiple brands, advising on the acquisition of and operation of master franchises, mediating disputes, advice on the enforceability of restrictive covenants, exit strategy and franchise portfolio acquisitions and disposals and franchise renewals.

She is a BFA Qualified Franchise Professional and has a postgraduate diploma with distinction in Commercial Intellectual Property Law. She is also a Legal 500 Recommended Lawyer. Fiona is passionate about supporting women in business and is the Regional Chair of EWIF Midlands (Encouraging Women into Franchising), a member of the Association of Franchise Attorneys, a member of the External Relations Committee of the British Franchise Association, a regular speaker at Bfa, Chamber of Commerce and industry events and contributor to business press, franchise blogs and media.

Contributed to

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Reducing the risk of disputes arising in franchise agreements

Practice notes

This Practice Note highlights some of the key provisions in franchise agreements and in a franchise context that help reduce the risk of disputes arising between franchisor and franchisee.

Commercial

Franchisee acknowledgement clauses

Precedents

This Precedent is a set of franchisee acknowledgement clauses which can be included within a franchise agreement. One clause is an acknowledgement by the franchisee that it has taken independent legal advice in respect of entering into the franchise. The second clause is an acknowledgement by the franchisee that the agreement is in respect of a pilot franchise only and the franchise has yet to be established. A third clause is an acknowledgement by the franchisee that the franchise is commencing in pandemic, or other unusual, circumstances.

Commercial

Franchisee personal guarantee clause

Precedents

This Precedent clause is for use in a franchise agreement, where the franchisee is an individual and where a principal is required to provide a guarantee to the franchisor guaranteeing the performance of the franchisee under the franchise agreement. The guarantee is given by the principal for the benefit of the franchisor.

Commercial

Letter of confirmation of legal advice—franchisee adviser to franchisor adviser

Precedents

This Precedent letter of confirmation of legal advice is to be sent from the adviser of a franchisee to the adviser of a franchisor. It confirms that the franchisee (and the principal of the franchisee) has received legal advice in relation to the franchise agreement and in particular in relation to any onerous provisions of it.

Commercial