The Accidental Franchisor


Knowledgeable franchise law attorneys have attempted for decades, without much luck, to draft the “Not-A-Franchise” License Agreement when the client’s business structure includes all of the elements of a franchise under the law. The business lawyer’s responsibility is to explain to these clients that in such cases, franchisor-franchisee avoidance is just not possible.

When possible, spare no effort to keep the client away from the intricacies of franchise law; consult a franchise lawyer when in doubt; and hope that no dispute arises in the that will turn the client into an accidental, unwilling franchisor anyway.

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Published In: Franchise Updates


Barry Kurtz
Lewitt Hackman

Barry Kurtz is the Chair of our Franchise Practice Group, currently one of the largest franchise and... View Profile »

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