FRANCHISING

Our experienced franchise law team represents franchisors and franchisees in all aspects of domestic and international franchising.  Whether transactional or regulatory, our attorneys have represented clients from all segments of the franchise industry, including restaurants, hotels, retail operations and service businesses.  We are experienced at working with start-up franchisors and large multi-branded franchise operations and have negotiated and documented single unit, area development and sub-franchising relationships in over 35 countries.  Other experts at FisherBroyles also counsel our clients on intellectual property (trademarks, patents and copyrights), real estate, employment, litigation, mediation and arbitration of disputes, making us an integrated solution for all legal matters pertaining to franchises.

Whether you are a start-up or experienced franchisor or franchisee, FisherBroyles Legal Counsel has the experience to assist you in protecting your business while supporting your growth.

For franchisors, our expertise includes:

  • Initial planning and structure of the franchisor business entity and franchise system.
  • Preparation and registration of domestic and international Franchise Disclosure
  • Documents and preparation and negotiation of franchise, development and related agreements.
  • Compliance training for franchise sales.
  • Review and registration of franchise sales materials.
  • Franchisor/franchisee/developer relationships, including compliance with franchise agreements and operating standards, and compliance with state and international franchise relationship laws.
  • Preparation of franchisor policies, such as impact, sales compliance, earnings claims, and other policies.
  • Implementation of efficient processes for the administration of the franchise system.
  • Acquisitions and divestitures of franchise systems, including pre-sale planning and post-purchase integration.

And for franchisees, our expertise includes:

  • Counsel on the business entity most appropriate for operation of the franchised business.
  • Review, advise and negotiate the franchise agreement and Franchise Disclosure Document.
  • Prepare shareholder and related agreements.
  • Counsel on the franchisee’s responsibilities as an employer.
  • Assist in obtaining necessary business licenses, including alcohol licenses.
  • Review, advise and negotiate the commercial lease for the chosen location.
  • Review dispute situations and counsel on appropriate methods to resolve, including negotiation of settlement or litigation if needed.