Our Client was a north-American big company, acting in the field of coaching, tutoring and training services to entrepreneurs and medium-small companies. In particular, the affiliates (business coaches) were qualified professionals, properly trained to provide their clients with a variety of tutoring and coaching services, aimed at improving their business knowledge and personal development and helping them to achieve their business goals.
The franchisor has already expanded its franchise in many countries all over the world, including some European countries. Such interesting format was quite common in the U.S. but completely new to the Italian market, where there were huge possibilities of expansion.
The Client’s expansion project in Italy was at that time at an early stage; still, the Client wished to have all is legal documents duly checked by an Italian law firm, specialized in the franchising field, in order to make them fully compliant with Italian Franchise Law and to be ready once the project would be implemented, avoiding any possible legal risks.
Our legal advice was carried out during some months, after having previously agreed with the Client the area of the activities. Basically, we performed the following services:
- review and redrafting of the Client’s disclosure franchise document, compliant to Italian Franchise Law. Since the client was adopting a disclosure document drafted according to U.S. legislation – much more detailed than the Italian – we selected the number of information necessary under Italian Franchise Law, in order to make the document simple and clear, and translated it into the Italian language.
- review of the Client’s standard master franchise agreement [link: https://franchisinginitaly.com/expanding-a-franchise-in-italy-through-master-franchising-main-features-pros-and-cons-why-and-when-it-is-used/], together with its attachments, according to Italian Franchise Law, translating it into the Italian language. The development plan annexed to the Master franchise agreement was not reviewed, since such activity was to be done after the Master candidate would be selected.
- review of the Client’s standard sub-franchise agreement, together with its attachments, according to Italian Franchise Law, translating it into the Italian language.
- check of the Client’s advertising material and business plan [link: https://franchisinginitaly.com/the-business-plan-in-franchising-advertising-tool-or-boomerang/] to be used for future affiliations, compliant with Italian Franchise Law.
All activities were performed in strict and positive coordination with the Client – also in connection with Client’s attorneys -by scheduling periodical video calls to check the working progress and clarify the various items involved.
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