Hiring a Franchise Lawyer
Hiring a Franchise Lawyer
Franchising is all about the ability to replicate a business concept and provide a consistent product or service. Thanks to this consistency, franchisors can build a brand and a network of franchised locations that reinforce their brand image. Many of the issues covered in the franchise agreement are dictated by this consistency and the franchisor’s responsibility to protect its brand. These stipulations are often misinterpreted by attorneys who are inexperienced in franchise matters as biased in favor of the franchisor.
With all this in mind, you should definitely retain a franchise lawyer to review your franchise agreement – a qualified franchise attorney can determine whether or not contract terms and obligations are acceptable/common practice or excessive/unusual in a franchise relationship.
Additionally, they can help you negotiate with a franchisor by laying out which changes the franchisor could be willing to make and, conversely, which changes are likely to be rejected. Assistance in evaluating the franchise opportunity and help with writing and detailing a business plan are also benefits that the franchise lawyer is likely to provide.
It isn’t difficult to find a qualified franchise attorney. Do you know someone who has invested in a franchise? Ask them for a referral. Your personal /business attorney or your accountant can also give you a reference. If you are unable to uncover a franchising attorney despite your networking efforts, you can turn to your state bar association for the information.
As always, do your due diligence: take the time to talk with more than one attorney to make sure you find one you feel comfortable working with. It would be in your best interest to get assistance from an attorney and other professional advisors before you invest in a franchise – with the help of an experienced franchise attorney, you’re simply likely to get better results.
Hiring a Franchise Lawyer - To learn more about this author, visit Sebastien Page's Website.
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Many assume that, because a franchise agreement is by nature a contract, any attorney is competent to review it. However, this is not necessarily the case. Franchise agreements are unique contracts, and only franchise lawyers are qualified to handle them.
Franchising is all about the ability to replicate a business concept and provide a consistent product or service. Thanks to this consistency, franchisors can build a brand and a network of franchised locations that reinforce their brand image. Many of the issues covered in the franchise agreement are dictated by this consistency and the franchisor’s responsibility to protect its brand. These stipulations are often misinterpreted by attorneys who are inexperienced in franchise matters as biased in favor of the franchisor.
With all this in mind, you should definitely retain a franchise lawyer to review your franchise agreement – a qualified franchise attorney can determine whether or not contract terms and obligations are acceptable/common practice or excessive/unusual in a franchise relationship.
Additionally, they can help you negotiate with a franchisor by laying out which changes the franchisor could be willing to make and, conversely, which changes are likely to be rejected. Assistance in evaluating the franchise opportunity and help with writing and detailing a business plan are also benefits that the franchise lawyer is likely to provide.
It isn’t difficult to find a qualified franchise attorney. Do you know someone who has invested in a franchise? Ask them for a referral. Your personal /business attorney or your accountant can also give you a reference. If you are unable to uncover a franchising attorney despite your networking efforts, you can turn to your state bar association for the information.
As always, do your due diligence: take the time to talk with more than one attorney to make sure you find one you feel comfortable working with. It would be in your best interest to get assistance from an attorney and other professional advisors before you invest in a franchise – with the help of an experienced franchise attorney, you’re simply likely to get better results.
Hiring a Franchise Lawyer - To learn more about this author, visit Sebastien Page's Website.
Like this article? Share it with your friends
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John PowerJohn Power, founder of Biltmore Franchise Consulting, has extensive experience developing and marketing franchises and business opportunities. He has been in and around franchising for over twenty years. From 1980 through 1990 he conceptualized, organized, and developed the American Video Association. He grew AVA to 2,000 national members, before selling the company it 1990. It was later merged into another home video marketing company. From 2000 to 2005 he worked as a contract marketing and human resources consultant to several local and national companies. In 2005 Mr. Power began working as a franchise development consultant on a full-time basis. Since that time he has helped more than three dozen companies initiate and develop their franchising program. He notes that there are many companies interested in developing a franchise program, and who need his specialized assistance. Mr. Power is a “hands-on” franchise consultant. He said, “I am the ‘nuts and bolts’ person who tends to the details for my clients.” Mr. Power holds a B.S. degree with a major in Marketing. See: www.biltmorefranchise.com You may contact Mr. Power at: jpower@biltmorefranchise.co - Visit John Power's Website |
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Anne BarrAnne Barr has over 26 years experience in sales and marketing, six years as a franchisee. She has assisted over 367 business owners and purchasers to achieve their goals in career change, transition and exit strategy. She holds the designation of Certified Franchise Executive from the International Franchise Association, Certified Business Intermediary from the International Business Brokers Association and Board Certified Broker from the Texas Association of Business Brokers. Anne is active in professional organizations, networking groups and volunteers for non-profit entities. As owner/operator of four successful businesses, Anne has proven people skills and enjoys helping clients find the right "fit" in business ownership. Visit www.FranchiseOpportunitySpecialist.com for more information about me and my company. - Visit Anne Barr's Website |
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Dave KurlanDave Kurlan is the founder and CEO of Objective Management Group, Inc., the industry leader in sales assessments and sales force evaluations, and the CEO of David Kurlan & Associates, Inc., a consulting firm specializing in sales force development. Dave has been a top rated speaker at Inc. Magazine's Conference on Growing the Company, the Sales & Marketing Management Conference and the Gazelles Sales & Marketing Summit. He has been featured on radio and TV, including World Business Review with General Norman Schwarzkopf, in Inc. Magazine, Selling Power Magazine, Sales & Marketing Management Magazine and Incentive Magazine. He is the author of Mindless Selling and Baseline Selling – How to Become a Sales Superstar by Using What You Already Know about the Game of Baseball. He created and wrote STAR, a proprietary recruiting process for hiring great salespeople, and he writes Understanding the Sales Force, a popular business Blog and is a contributing author to The Death of 20th Century Selling and 101 Great Ways to Improve Your Life, Volume 2. - Visit Dave Kurlan's Website |
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John BrennanJohn Brennan Ed.D. Dr. Brennan is President of Interpersonal Development, LLC, a training and development firm. Interpersonal Development has provided sales training and coaching to more than 3,000 sales reps from over 100 companies. A native of Australia, Dr. Brennan received his doctorate from the University of Rochester. His dissertation researched the effectiveness of Behavioral Modeling Technology in training people in interpersonal skills. While he has spent most of his career designing or delivering training, he was also a Vice-President of Sales of a training and development franchise with operations in 25 markets. Dr. Brennan has designed and delivered sales training in North America, Asia, Europe, Australia and the Middle East. He has been a guest speaker at numerous national and regional professional conferences. When Microsoft wanted Best Practices articles on sales for their web site, they called Dr. Brennan. The results are at http://office.microsoft.com/en-us/FX011387391033.aspx His firm’s clients have included Volvo, The Prudential, Merrill Lynch, Eastman Kodak, Gannett, Equifax Europe, the Economist Group and countless small businesses. - Visit John Brennan's Website |
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Jay Kubassek(Jay's Full Bio: EvanCarmichael.com/jaykubassek) In five years, Canadian-born entrepreneur Jay Kubassek went from selling mufflers at a Midas franchise to revolutionizing Internet marketing with the 2004 launch of CarbonCopyPRO, a online marketing education company, now worth over $20 million with customers in over 160 countries.
As an independent film producer, his upstart film fund Aliquot Films is currently producing a films with Spike Lee and Abel Fererra (starring Ethan Hawke and Dennis Hopper.)
Jay's entrepreneurial spirit is irrepressible. He’s the owner of five companies, a professional speaker and trainer, international real estate developer/investor, extreme sport enthusiast and emerging philanthropist. Jay resides in NYC with his wife Jamie, son Milo and dog Cooper. Visit Jay's official website: www.JayKubassek.com - Visit Jay Kubassek's Website |
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