In Spain, franchises have played a crucial role in revitalizing the commercial distribution sector and redirecting consumer behaviour.
As more and more companies opt for a franchise structure to expand their presence in the country, the number of franchises is also growing.
At Mariscal & Abogados, we recognize the significance and impact of this business model. That’s why we offer comprehensive legal guidance to both franchisors and franchisees, assisting them in implementing successful franchise projects and developing effective models of organization and management.
Our range of services involves:
Before entering into a franchise agreement
Preparation of pre-contractual information
Ensuring compliance with legal requirements in Spain, advising on the content and format of pre-contractual disclosures, drafting and reviewing pre-contractual disclosures (product descriptions, terms and conditions, privacy policies, and other relevant documents), providing legal advice and guidance on how to address any legal risks or issues identified during the review process.
Discussing and agreeing on the terms of the franchise agreement, including the scope of the franchise, the franchise fee, the franchisee’s obligations, the franchisor’s obligations, and any other relevant terms or conditions; advising on the legal implications of proposed terms and providing counsel on potential legal risks and liabilities.
Preparation and drafting of franchise agreements
Reflecting the terms negotiated, identifying any potential legal issues or concerns, and ensuring that the contract is legally enforceable and complies with all applicable laws and regulations
Intellectual property protection
Registering trademarks and patents, drafting non-disclosure agreements, and enforcing your intellectual property rights
Tax and employment issues
Advising on applicable regulations, reporting requirements and employment agreements
We can help franchisors and franchisees resolve disputes in a timely and cost-effective manner through mediation, arbitration and litigation
We offer guidance at all stages of the franchise business model in Spain.