One of the most appealing aspects of franchising is the support that it provides to novice entrepreneurs, often with no knowledge of the finer details, particularly when it comes to legal matters. That kind of advice may not necessarily be provided by the franchise owner, however. But, as Knights Plc Partner, Fiona Boswell explains, that’s where they come in…
Whilst most franchise operations offer great training and support there are inevitably problems that might require some outside expertise. Which is where Knights comes in.
Fiona Boswell, a Partner at Knights, has built a career as a trusted advisor to the franchising sector, guiding businesses through every stage of their franchise journey.
From her role leading a multidisciplinary team, Boswell has advised a wide spectrum of clients including emerging franchisors, area developers, multi-unit operators, and brands expanding internationally. With her expertise in franchising and commercial intellectual property law, she has become a pivotal figure in shaping strategies that drive franchise success.
Support across the franchise lifecycle
The Knights team offers a broad range of services tailored to the unique challenges franchisors face.
Boswell explains: “We are a multi disciplinary team and so can help franchise clients with a variety of needs whether this involves the preparation of franchise agreements and master franchise agreements and associated documentation and reviews of the same. We provide strategic advice on structuring your business for growth. Assisting with the sale and acquisition of portfolios of franchises and/or investment in the network, and assist with all issues involved in the property aspects of franchising.
“Discrete advice on data protection and/or employment/worker issues; reputation management; litigation strategy; franchise disputes and managed exits. We cover the full gamut of franchising from inception to exit for emerging, established and growing franchise networks and larger operators.”
Its holistic approach allows Knights to assist businesses at every stage, from inception to exit. Whether it’s helping a successful business transition into franchising or guiding seasoned operators managing multi-brand portfolios, Boswell’s team is equipped to handle the complexities involved.
Legal and strategic guidance
Franchising, as Boswell highlights, is a nuanced business model, especially in the UK, which lacks specific franchise legislation.
“It is key that you have robust documentation in place that clarifies the parameters of the relationship between you and your franchisees. Without this the hard fought reputation of your successful business and brand and proprietary aspects of your system are at risk,” she says.
Knights’ services are especially critical for franchisors entering the UK market or expanding internationally.
Boswell adds: “If you are new to the UK it is vital that you get franchise specific advice to understand the legal landscape for franchisors here. It is key that you have robust agreements. For those brands looking to expand overseas from the UK the legal landscape elsewhere in the world has different layers of complexity and it is key that you familiarise with the different regimes that apply in your chosen country.”
This includes adapting documentation and complying with disclosure and registration laws in the target country.
Trends shaping the franchise sector
The franchising sector continues to evolve, driven by innovation and diversification. Boswell observes, “We are seeing new leisure concepts come to franchising that involve licensed fun, adult games activities and buoyant growth in the fast casual hospitality sector.
“For established brands we are seeing brands focused on multi-site growth and a significant increase in franchise resales as networks mature.”
The UK remains an attractive growth option for overseas brands looking for expansion which means there are opportunities for existing or new operators to diversify their business interests.
Among established brands, there is a focus on multi-site growth and an increasing trend in franchise resales as networks mature. It is further proof of the importance of having a robust legal framework to support growth and transitions within franchise networks.
Strengthening relationships
The relationship between franchisors and franchisees has undergone significant scrutiny in recent years. “Franchisors are being held to task for the actions of their franchisees in the media and by parliament,” Boswell explains.
This has prompted a shift towards stronger onboarding practices, ensuring franchisees fully understand the agreements they sign.
“Ensuring that prospective franchisees are properly advised is key,” she adds. “This means that legal advice needs to be insisted on at an early stage of the process and contracts should be more user friendly for those signing up to them.
Economic uncertainty
Despite global disruptions and economic uncertainty, franchising has demonstrated resilience.
“It remains a very robust business sector when it comes to economic challenges and has always weathered the storm well by innovating, adopting technology, and adapting to consumer needs,” Boswell says.
As individuals and businesses seek viable income streams, franchising offers a proven model of profitability and growth. However, Boswell points out that the funding marketplace remains tight, urging brands to develop innovative ways to attract investors and provide support to their networks.
Promoting female entrepreneurship
Boswell is a strong advocate for women in franchising, emphasizing the model’s suitability for female entrepreneurs.
“Franchising is an attractive option for females looking to venture into business ownership with the support of a network around them and proven systems,” she says.
“It is a great way to comfortably transition from employment to ownership with the backup and support of others. It is also ideally suited to many sectors where females may form a significant part of the owners without the means to achieve growth of their business independently through lack of investment or access to capital to do so.
“The skillset of a great franchisor, the collaborative and supportive nature, make women ideally suited to successful franchising as shown by the growing number of female owed franchises that are thriving. It is vital that alongside enthusiasm female owners have access to business coaches and financial support to enable their businesses to grow as they transition to a world with which they are not familiar and that historically they have had little insight into. Likewise it is key that investors, financial institutions give credence to the businesses they operate and support their ability to scale, insight and innovation.”
Common pitfalls
Rapid growth can be a double-edged sword for franchisors. Boswell warns: “Growing too fast and too quickly brings with it a host of problems that we as legal advisors are often brought in to rectify.”
Poor franchisee selection or hastily made development deals often lead to issues that require legal intervention.
Knights’ early involvement can prevent such challenges by conducting due diligence and ensuring proper documentation is in place. “Getting us involved early in the process can help to ask the right questions and get the correct documentation in place with prospects to make any later disputes or issues easier to resolve,” Boswell advises.
“The other key area is getting contracts signed properly,” she adds.
The future for franchising
Looking ahead, Boswell sees franchising as well-positioned to thrive despite economic pressures, making it an attractive choice for many entrepreneurs right now.
“With purses tightening and the costs of living impacting businesses and individuals alike, franchising is well placed to offer the continued business growth, profitability, and income generation that businesses and individuals seek,” she says.
To remain competitive, franchisors must focus on innovation, efficiency, and responsiveness to their networks and customers. Investing in technology and maintaining strong support systems will be key to sustaining growth and adapting to changing market demands.
With her extensive experience and strategic insights, Fiona Boswell has positioned Knights as a leading partner for franchisors navigating the complexities of growth, management, and international expansion.
Her emphasis on robust legal frameworks, strategic planning, and fostering strong relationships underscores the critical role of expert guidance in ensuring franchise success.
Who says nobody trusts experts anymore?
