Franchisees

As a prospective franchisee, receiving a franchise disclosure document (“FDD”) can be overwhelming, but understanding the FDD’s terms (including any non-obvious fees, penalties, and restrictions) is critical to making an informed decision as to whether the franchise merits your investment. We have experience working with dozens of franchisees across a wide range of industries and have a strong sense of what is “market standard” and what might cause you to rethink moving forward.

Basic FDD Review (Flat Fee). For clients who simply wish to have an attorney read through their FDD and identify any major red flags, we are pleased to offer a cost-effective basic FDD review service for a flat fee of $995. As part of this package, we will read through the FDD in its entirety and provide you with a reader-friendly summary of items that, based on our extensive prior experience, tend to be of special concern or are often misunderstood by prospective franchisees. This flat fee also includes twenty minutes of telephone or Zoom time to discuss any follow-up questions you may have.
As the owner of a franchise, you also will need many of the same general corporate counsel services that any other business requires (e.g., entity formation and governance, employment agreements, commercial leases), but you’ll need to ensure these matters are handled in a way that complies with the (often strict) requirements of your franchisor. We invite you to review our “Services” tab to explore the areas of business law expertise that may be relevant to you and your franchise business.

Interested in Franchising Your Existing Business? Please note that we work primarily with franchisees (i.e., the individual or company purchasing the franchise license and operating the franchised location), rather than prospective franchisors. New franchisors are subject to a complex array of registration and disclosure requirements that are generally out of the scope of our practice. We can, however, help you determine whether franchising is the right choice for you, whether your proposed expansion strategy could cause you to become “deemed” a franchise under applicable law (even if that isn’t your intent), and to develop potential alternatives to franchising your business that may nevertheless allow you to achieve many of the same objectives. If you are a potential franchisor who is certain you want to franchise your business, however, we generally will refer you to one of our excellent contacts at a specialty practice.

Existing franchisors are encouraged to review our Services tab for an overview of our general corporate counsel services. We advise several franchisor clients on a range of business law matters, including intellectual property portfolio management and licensing agreements, vendor and distribution agreements, and employment issues.

Please reach out to us at the “Contact” page to arrange a free consultation and discuss how we can help you build a successful franchise business.

Hourly Franchisee Services. Although the Basic FDD Review service will be sufficient for some clients, other prospective franchisees may require more in-depth, personalized guidance, both prior to investing in the franchise and over time. Although franchise contracts are notoriously difficult to negotiate, we consistently have been successful in receiving significant concessions from franchisors, including to protect or expand franchise territory, to waive or modify certain restrictions or other untenable provisions, and to provide additional flexibility around opening requirements. We can also assist with selling or transferring your franchise to a third party, buying an existing franchise, and navigating the termination or nonrenewal process.