As part of our Corporate and Commercial practice, we provide franchising & franchise agreement services.
What Is Franchising?
Franchising is a common business model that companies use to expand their brand and business. The franchisor is the company that has developed the system and processes. The franchisee is the third party that hopes to contract for the right to operate a branch of the business.
Our business attorneys advise on franchising and draft custom franchise agreements, as well as handle compliance, regulatory, and filing requirements. We also handle franchise disputes between franchisors and franchisees.
Legal Services for Franchising and Franchise Agreements
Utilizing legal counsel can ensure that you secure the necessary legal protections and advantages before you sign a franchise agreement. Having experienced counsel by your side can help you negotiate for business arrangements that suit your needs. Our franchise law attorneys have the necessary in-depth knowledge of applicable regulatory requirements. Additionally, they are experienced in drafting and negotiating the complex business agreements that regulate the franchisor-franchisee relationship.
We can help you coordinate individual franchising opportunities with entrepreneurs negotiating the process from beginning to end. Our corporate attorneys also create and negotiate franchise disclosure documents, franchise agreements, and related instruments.
We have experience representing franchisors in creating and developing franchise systems compliant with all relevant laws and regulations. Plus, we take care to keep in line with your business goals and objectives. After formation, our attorneys and staff can manage the registration compliance and renewal process. We also provide enforcement services to ensure compliance within your system to contracts and laws.
Franchise Law and IP Considerations
The Federal Trade Commission (FTC) as some states have specific laws & regulations that address the sale and commission of franchises. Many states also regulate the actual business relationship between franchisor and franchisee. This is because the operation of a franchise often requires substantial investment of capital by the franchisee. As such, states often vary in the amount of regulation they provide depending on how much protection they feel is owed to the franchisee and its investment. Therefore, franchise agreements and structures are not standard, but rather complex. All of these intricacies contribute to the difficulty many franchisees encounter when trying to enter the field.
Intellectual property is an important consideration as well. Due to the importance of the franchisor’s brands and related IP, complicated issues regarding trademarks and trade secrets may arise. The more famous the franchise, the more complex the relationships and franchise agreements governing the relationship are likely to be.
Therefore, seeking the advice from a franchise attorney with experience in franchise law will help ensure your franchise agreements and contracts include adequate protections.
Franchise Disputes and Franchise Agreement Litigation
Our trial attorneys have significant experience handling disputes between franchisors and franchisees as well as enforcing franchise agreements and seeking injunctive relief. Read more about our litigation services at our intellectual property litigation overview page and our business litigation overview page, including Commercial Litigation, Breach of Contract Litigation, Fraud Litigation, and Trademark Litigation.
Additional Insights Regarding Franchise Agreements and Franchising
For more information on franchise agreement and franchising legal issues, see our Legal Insights and Industry Solutions pages.
