New Franchisors

Congratulations! You've created a business concept which you can teach others to recreate and operate. Franchising is an excellent model for expanding your business and profiting from your success.

But be aware. Franchising is governed by very particular federal and state laws. Some of these laws impose stiff civil penalties for non-compliance.

Additionally, successful franchising will require that you (the franchisor) clearly establish the obligations between you and your franchisee(s).

Federal Disclosures / The FDD

Federal disclosure laws exist to ensure that prospective franchisees are provided essential information about the franchisor, its business, and the contract that will be entered between the franchisor and the franchisee.

These disclosures must be provided in a lengthy and detailed document, known as a Franchise Disclosure Document (FDD).

Additional State Law Compliance

Some -- but not all -- states impose additional requirements upon franchisors. Most of these states' statutes are patterned after California's franchise sales laws. However, each states statutes are sufficiently different from the next. These differences leave franchisors that offer franchises on a multi-state basis to contend with an uneven patchwork of rules.

The Franchise Agreement

Your franchise agreement is the actual written contract between you and your franchisee. It will set out all of the parties rights and obligations. If written properly, it will significantly reduce disputes, and it will protect both you and your good franchisees from damage that can be caused by bad franchisees.

Trademarks

One of the fundamental aspects of a franchised business is the common brand name. If you haven't already done so, you will want to obtain trademark rights in your franchises name and logos.

The Role of Your Franchise Lawyer

The attorneys at Dickinson & Wheelock have experience in both the legal and business aspects of franchising.

We will help you structure your franchise and comply with all the legal disclosure requirements. We provide the following types of services to new franchisors:

  • Draft and regularly update your FDD, in compliance with the FTC-Rule
  • Ensure compliance with the law of each particular registration state
  • Guidance in the type of franchise structure (e.g. single units, area development, sub-franchising, etc.)
  • Guidance in the terms of your franchise agreement (e.g. royalties, fees, confidentiality, non-competition, reporting, audit, default, transfer, renewal, etc.)
  • Draft franchise agreements and related agreements
  • Obtain and ensure trademarks and licenses to vital intellectual property
  • Negotiate and document deals with prospective franchisees
  • Provide ongoing legal support in all business areas (i.e. serving as general counsel in business transactions, employment issues, litigation (and litigation avoidance), etc.)

Contact

Jeff Wheelock

Read what others have to say about our franchise expertise

Like many others have stated, I felt instantly comfortable with Jeff Wheelock starting with the first phone call. He was up front about the pricing and scope of his services. He was ready to work with me right away. When it came time to review the FDD and contract, he gave his frank opinion along with patient teaching of what certain items meant. I'm pretty well educated and had lots of experience with contracts before, but there were still about 4 key sections that I had not noticed would leave me very vulnerable. I'm pretty tough to impress and my expectations were exceeded working with Jeff.
Will R.
Jeff Wheelock has been great to work with and his knowledge of franchise law has been invaluable during the daunting task of our franchise acquisition. He is patient, thorough easy to get ahold of and explains things in easy to understand verbiage. We are very confident that with Jeff by our side regarding all franchise legal matters, we have a true team mate to help guide us! We highly recommend him.
Rachel S.
Jeff Wheelock provides excellent service at a very reasonable rate. After his review of all the documents related to a franchise in which I was interested, he then took the time to meet one-on-one to review all of his thoughts and concerns, while offering suggestions not only for potential amendments to the agreement but strategies on how best to brooch issues with the franchisor. Exceedingly knowledgeable about franchise agreements. Very helpful! I would highly recommend him.
Alice H.

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