Master franchising in the healthcare sector from France (2024)

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We assisted a well-known franchising network in the healthcare sector, based in France, in relation with a master franchising agreement with an Italian master franchisee.

The client has provided us with its standard master franchising agreement. Such agreement, although subject to Italian law, did not take into account the specificities of Italian law and contained a series of gaps, both substantive and linguistic, that could create problems for the development of the network in Italy.

Therefore, we undertook a complete revision of the client’s master franchising agreement, in cooperation with the client and its legal team, and made some relevant changes and amendments, according to Italian franchise law, Italian general commercial law and Italian practice.

Then we have started a negotiation with the Italian master franchisee and its attorney. Such negotiation proved to be quite complex, requiring a series of clarifications as well as the drafting of various revised versions of the contract, in both Italian and English. As often happens, particularly relevant proved to be the negotiation of the development plan, given the strategic importance of such document as far as the expansion of the franchise network in Italy is concerned.

Finally, we undertook a complete revision of the client’s sub-franchising agreement, written in Italian, which essentially represented the Italian translation of a French-language model prepared by the master franchisor. Again, such agreement was completely amended, in cooperation with the client and its legal team according to Italian franchise law, Italian general commercial law and Italian practice, and negotiated with the Italian master franchisee and its attorney.

We also drafted the franchise disclosure document, according to Italian franchise law, in order to be used by the Italian master franchisee with its Italian sub-franchisees.

The final result was highly satisfactory for both the French master franchisor, whose expansion in Italy was significantly boosted. Based on this work, the client subsequently contacted us for assistance with the renewal of the master franchising agreement and with a series of issues encountered with franchisees and former franchisees, which we successfully resolved.

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Avv. Valerio Pandolfini 

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