Our Attorneys Do Not Hold Up The Process; We Are Deal Makers, Not Deal Breakers.
Our services are performed for a reasonable flat fee that has not changed in over a decade.
Our franchise attorneys will check that the trademark is a live, valid, federally registered trademark, since this is the cornerstone of what you are buying when you buy a franchise; check state records to ensure there will be no trademark infringement claim brought against you; review the initial items of the FDD to learn the background of the people and company and review the franchisor's litigation and bankruptcy disclosures; thoroughly review the franchise agreement (the contract between the franchisor and franchisee) and make note of franchisor's obligations to the franchisees and vice versa and any matters that are not typical or that need revising; and negotiate the agreement on your behalf.
Modifications may include:
- Providing a standard of reasonableness when franchisor approval is required
- Providing adequate notice before the franchisor's exercise of its remedies upon default
- Ensuring that any required indemnification by the franchisee to the franchisor is limited
- Requiring that the franchisor defend, indemnify and hold the franchise harmless for any trademark infringement actions or claims
- Eliminating liquidated damages
- Limiting personal guarantees
A potential franchisee will be provided with a Franchise Disclosure Document (FDD) that contains important disclosures and legal documents that should be reviewed by an experienced franchise attorney prior to signing anything or paying any money to the franchisor, such as, for example:
- Review of the Items of disclosure contained in the FDD
- Franchise Agreement
- Area Development Agreement
- Personal Guaranty
- Software licensing agreement
- Non-Disclosure/Confidentiality Agreement
The Value of a Skilled Franchise Attorney
A skilled franchise attorney can help you in any number of ways before, during and after your franchise purchase. Our years of experience representing prospective franchisees and reviewing franchise documents on their behalf allow us to know and understand what is typical, what is of concern and the revisions that can and should be made to the franchise agreement. In addition, we advise clients on forming the proper legal entity for their franchised business. We review and negotiate commercial leases for our brick and mortar franchisee’s business location. We develop employment policies, assist with business contracts and business transactions and eventually we can assist you with the sale of your business.
You are undertaking a large financial obligation. Put an experienced franchise attorney on your team who will protect your interests. Contact one of the franchise attorneys at Lanard and Associates today.