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Legal guides written by Adeola Oyinlade & Co:
Franchising in Lagos, Nigeria is an area of law that is gradually gaining attention because of the expansion of international businesses into the country. Franchising is a business method that involves licensing of trademarks and methods of doing business to an individual or group (the Franchisee) by a company (the Franchisor). This field of law governs the rights and obligations of both the franchisor and the franchisee under the franchise agreement.
You may require the services of a lawyer in various stages of franchising. Before buying a franchise, a comprehensive legal review of the franchise agreement with a franchising lawyer is very crucial to understand your legal obligations, operational restrictions, and implications for breach of agreement. A lawyer would also be vital when you, as a franchisor, want to draft a franchise agreement or looking to resolve disputes that may arise from franchise relationships.
Franchising in Lagos does not have an established statutory framework. This means it's mostly governed by the general principles of Nigerian law, notably, the Nigerian Contract Act, Companies and Allied Matters Act, and Trade Marks Act. Violations of these legal agreements can lead to contractual remedies which may include injunctions, specific performance and/or damages. It’s also important for any franchise owners to ensure compliance with local regulations regarding Advertising, Consumer Protection, Intellectual Property and Immigration laws.
Legal documents that are essential include a franchise agreement, a lease agreement if physical premises are involved, a confidentiality agreement, a non-compete agreement, and occasionally a trademark license agreement.
Disputes can be resolved through the dispute resolution mechanism specified in your franchise agreement. This can be either through arbitration, mediation or a Nigerian court of law where the agreement permits a court resolution.
Yes. The specific grounds for termination will be stated in your franchise agreement. Most franchise agreements permit a termination on the basis of breach of contract. Consult with a franchising lawyer to understand your rights and obligations.
Yes, you can expand your franchise business to other states in Nigeria. The process for expansion should be properly documented in your franchise agreement.
The Nigerian law governing contracts will offer protection against any breach. If a franchisor breaches the agreement, you can seek redress in a court of law for remedies such as damages or specific performance.
For additional information and services related to franchising, you could consult organizations like the Nigerian International Franchise Association, the Commercial Law department of the Nigerian Bar Association or the Corporate Affairs Commission. They provide valuable resources and services which could be beneficial for individuals seeking legal advice on franchising.
If you require legal assistance with your franchising business, seek out lawyers or law firms specializing in Corporate and Commercial Law specifically franchising in Lagos, Nigeria. A legal professional can help you navigate through the legal issues associated with running a franchise business and ensure your rights are safeguarded.
