Running a business is a complex endeavor, and in some situations, your business may outgrow a single location and become even more complicated. Expansion is possible, but you may not wish to personally dedicate the time or resources to oversee a second location.
Converting your business into a franchise may be the best solution in such cases. It may allow you to reap the benefits of owning the intellectual property behind your business while allowing franchisees to operate their own locations independently.
A franchise lawyer could help you understand the legal and business planning steps involved with creating a franchise. Once retained, your attorney could combine their experience with your personal business goals to create a franchise plan that fits your needs.
Our franchise attorneys are based in Charlotte, North Carolina, and represent clients nationwide who are ready to help you with legal franchise services and business planning steps involved with creating a franchise.
Creating a franchise involves many complex legal steps, the first of which is seeking a federal trademark or patent to give the inventors of a product or process the legal right of ownership over that property. The holder of a trademark or patent has the exclusive rights to use that trademark or to sell those items on the open market. However, a franchisee will also be utilizing those marks and selling the owner’s product through a master franchise agreement, so it is essential to get a trademark or patent certification in order to protect legal ownership of those items and prevent future conflict over ownership. Our franchise lawyers could provide legal services to ensure a franchisor meets all federal franchise requirements.
The next step is to create a franchise disclosure document—one of many tasks a franchise attorney could assist with—outlining the general terms of the relationship. This gives the franchisee an opportunity to negotiate terms, consult with their own legal counsel and discuss plans with an accountant.
If the two parties agree that a business relationship is amenable, they would sign a final franchise agreement which specifies the right to use the franchisor’s intellectual property, provides an outline of day-to-day activities, and states the price of the franchise among many other things. Once they sign the franchise agreement, the franchisee is free to operate their business under those stipulations.
Jason Power and Jonathan Barber met while working at another law firm. Together, they launched Franchise.Law on May 5, 2016 with the vision of developing lifelong relationships with their clients, promoting transparency in billing practices, building a family-focused law firm, and becoming a major player in the franchise industry. Jason’s deep network of contacts and decade of franchise experience combine with Jonathan’s entrepreneurial spirit and client service skills to offer our clients exceptional legal franchise services.
The creation of a franchisor-franchisee relationship takes the form of a contract. Known as the franchise agreement, this document outlines the responsibilities of each party.
Typically, the franchisor would supply their federally trademarked or patented product and a general business plan for operating as a form of the parent company. In exchange, the franchisee promises to provide payment for the right to use these plans and products.
It is essential to remember that franchisees are still independent business owners, meaning they make the ultimate decisions concerning hours of operation, hiring choices, and how to market their products. Furthermore, unless the master franchise agreement specifically states otherwise, franchisees are solely responsible for any profit or loss generated by the franchise. A franchise attorney might be able to provide more information about the important relationship between franchisors and franchisees and other legal franchise services.
Great first meeting with Jonathan today. His work was very thorough, and he pointed out things that I hadn’t caught yet…and maybe woudn’t have until it was too late. Meeting was unhurried; he seemed to want to take the time necessary to address my concerns and questions. Everything exceeded my expectations.
I’ve got a lot of respect for Jonathan Barber, both as an lawyer and as an individual. Jonathan is a smart guy that works hard to meet the needs of his clients.
Can’t say enough good things about the Franchise.Law team and all that they bring to the table. Honesty, integrity, and authenticity are what you can expect when working with these professionals!
As a first-time startup founder, Jonathan Barber has done an excellent job at helping us create our Delaware cooperation and with protecting our intellectual property.
I would highly recommend his law firm to anyone building a startup company.
Have used Jonathan and company on more than one occasion. Nothing but quick, honest and fairly priced results. Highly recommend!
In addition to being highly competent in his profession, Mr. Barber has an approachable, client-facing personality. He patiently answered my questions and “what if” scenarios. His staff of paralegals and office assistants were equally pleasant and efficient; always respectful and responsive. I had an excellent “client services” experience.
Licensing other parties to operate franchises may allow an owner to collect income from their products or business model without personally running an additional location of their business. A franchise lawyer could help you learn how to franchise your brand. Call today to learn more.
Do you have an idea for a business you want to start? How would you run it and stay on top of its industry’s trends? Share your idea by applying for Franchise.Law’s Entrepreneur Scholarship! This scholarship will allow students who are aspiring entrepreneurs to dive more into their business idea. Find more details on our scholarship page.