In theory, yes, franchise agreements are negotiable. In practice, they may not be negotiable – particularly in ways that are meaningful.
Every franchisor has a form of franchise agreement that defines the rights and...more
Engaging in preliminary discussions and negotiations with prospective landlords for your new franchised business can be overwhelming. There are a multitude of business and legal issues to consider. It may also be...more
Franchised businesses pose unique leasing issues that the broker or agent should be aware of at the outset of the representation. The primary difference is that in the franchise context, you will need to satisfy your client,...more
As a successful business owner or business owner with a new and trendy concept, you probably get approached frequently by people hoping to acquire rights to operate your business “back home.” You are probably flattered by the...more
If you’re considering purchasing a franchise, you’re probably overwhelmed by the size of the Franchise Disclosure Document (or, as it’s colloquially called, the “FDD”) and firmly believe that the franchisor’s lawyer gets paid...more
What is a Franchise?
Due to the heavily-regulated nature of franchising, clients often tell their attorneys "I'm only going to do a license. I don't want to do a franchise." Although a client may believe what he...more
One of the hallmarks of franchising is consistency of the brand and operations across the franchise system. If well executed, that consistency gives the public the impression that the franchise system is a centrally-owned...more
The global recession has been challenging for most of us. However, one of the silver linings of the global recession is that certain franchisors are focusing on immigrants as franchisees. If you have the funds, and you meet...more
Meeting new people at a cocktail party and telling them that I'm a lawyer frequently generates disdain. The experience that most people have had with lawyers is in connection with their divorce or a business litigation...more