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our approach is
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Commercial agreements
Whether in a standard form or tailored to your particular business needs, commercial agreements are an essential aspect of managing risk. They are also a valuable tool in the development of strong and successful relationships, providing clarity and therefore confidence where it is needed. We regularly draft and advise on a wide range of commercial contracts including:
- Agency and distribution contracts
- R&D contracts
- Intellectual property licensing agreements
- Manufacturing and supply agreements (and terms and conditions of supply or purchase)
- Franchise agreements
- Contracts for the supply of IT and IT-related services
- Contracts for e-business
- Media contracts
- Electronic and traditional publishing contracts
- Deeds of partnership
- Joint venture arrangements
- PFI arrangements
Our approach to commercial agreements is a comprehensive one. We provide contracts as part of a package which includes user-friendly notes explaining the key points of the contracts and, if required, training sessions for the individuals who will be using and negotiating them based on your standard forms. This will help you to produce and negotiate satisfactory agreements more quickly and without unnecessary input from legal advisors.
Driven largely by Europe, the legal environment for commercial agreements continues to change rapidly, particularly in areas such as intellectual property, data protection, e-business and consumer protection. The new laws affect every business. It is essential to regularly review existing business practices and to plan new enterprises to take into account these changes. Our lawyers can review both your contracting procedures and contract compliance.
Agency and distribution agreements
We can assist you in deciding whether to appoint an agent or a distributor and are experienced in drafting, reviewing and negotiating both agency and distribution commercial agreements across a range of industries and sectors. UK and European competition laws will often impact on your agency or distribution arrangements and cannot be ignored. Our competition law specialists regularly advise on the implications for you. In Europe, agents typically enjoy certain rights that are akin to employee rights. In particular, commercial agents normally have a right to be compensated or indemnified when the agency agreement ends. In a some jurisdictions, distributors enjoy similar protection. This can be costly. However, we can help you reduce or even eliminate your exposure to such claims. Whether you are thinking of bringing an agency or distribution agreement to an end or if you are a distributor or a commercial agent facing termination of the relationship, we can advise you on your rights, and if necessary, enforce them.
Franchising agreements
If you are considering becoming a franchisee, or have a business which you are considering expanding through franchising, we can advise on appropriate commercial agreements. As well as ensuring that the legal framework stacks up, we are experienced in advising franchisors on their strategy, including selecting franchisees, master franchise arrangements, and appropriate franchise networks; and in advising franchisees on commercial considerations, such as what they are actually getting for their money, and the kind of enquiries they should make before entering into a franchise agreement. Again, our competition law specialists can provide compliance advice.
Standard terms of sale and purchase
When it comes to commercial agreements, standard terms are arguably the most important contractual document that your business will ever use. We can ensure that your standard terms will provide you with appropriate protection when supplying or buying goods or services, and can help you ensure you stand the best chance of successfully incorporating your terms into your contracts. "Standard" terms are only "standard" in the sense that they are tailored for your business and used as standard by you. We ensure we get to understand your business to make sure they are. Your staff also need to appreciate the benefits of using standard terms, and how to use them. We are always pleased to provide training to your staff. Commercial reality means that sometimes you will not be able to impose your terms. We regularly carry out reviews of our clients' suppliers' and customers' standard terms and will negotiate appropriate amendments in these cases.
ICT
Our commercial agreements section advises on all aspects of information and communications technology, across a range of industries and varied circumstances:
- Internet/e-commerce
- Website design, build and hosting contracts
- ICT procurement
- Maintenance and support arrangements, including service level agreements
- Outsourcing
- Disputes concerning ICT
By understanding your commercial aims we can tailor specific, timely, cost-effective advice on commercial agreements that matche your business aims. It helps greatly that we can also draw on expertise in other relevant areas such as intellectual property and data protection.
Services to Sports
We provide the full range of contentious and non-contentious legal services required by entities investing or involved in sport both nationally and internationally, including brand-owners, athletes, sports agents, sports associations and clubs.
We have a wealth of experience of all the issues surrounding commercial agreements such as sponsorship. We’ve gained it by advising a number of blue chip clients active in sports sponsorship.
When working with individual athletes, we will advise on their sponsorship and athlete/manager contracts, the use of their likenesses in sports merchandising, any business dealings or disputes they may have, and their personal taxes.
With support from teams within the firm, we can advise on other commercial agreements such as :
- ambush marketing
- employment matters
- disciplinary and doping matters
- construction projects
- investment in/acquisition of sporting clubs
- rights protection and exploitation of sports events and
- ticketing and corporate hospitality issues for event owners and brokers
Our lawyers speak regularly on various sports law topics. Our technical expertise and immersion in the business and regulation of sport ensures that we can provide commercial and practical advice that enables clients to realise their strategic and business goals.
To download our Commercial Agreements Service Sheet please visit our Knowledge Centre.