Franchising

Whether a franchise involves the distribution of goods, the delivery of services, or both, the common goal of all franchising activity is that the purchasing public be provided with consistently uniform goods and services. These goods and services are typically franchised under federally registered trademarks or service marks.

When a client considers franchising an existing business (as a “franchisor”) or decides to purchase a franchise (as a “franchisee”), our representation of the franchise client goes well beyond protecting the franchised marks. We understand the wide variety of disclosure laws imposed by the Federal Trade Commission and individual states, and provide clients with sound guidance and insightful counsel.

Franchisor-Side Services

• Assist business owners in determining whether or not to franchise their business
• Prepare franchise disclosure documents that detail the franchise opportunity to prospective franchisees
• Review existing or proposed franchise disclosure documents
• File franchise disclosure documents with state agencies
• Prepare franchise agreements that detail the relationship between the franchisor and the franchisee
• Enforce franchise rights under franchise agreements

Franchisee-Side Services

• Assist prospective franchisees in determining whether or not to enter into a franchise arrangement
• Assist prospective franchisees in addressing entity choice, financing and other related issues
• Advise prospective franchisees as to alternatives to the traditional franchise arrangement
• Review franchise disclosure documents that detail the franchise opportunity to prospective franchisees
• Review franchise agreements that detail the relationship between the franchisee and the franchisor
• Enforce franchise rights under franchise agreements