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Posts Tagged ‘franchisee’

Definitions of Franchise Terms

What are the definitions of franchise terms that you should know before investing in a franchise?  Here are the definitions of the franchise terms that we believe are essential to know before you move forward in the franchise world. DEFINITIONS OF KEY FRANCHISE TERMS: FRANCHISOR The franchisor is the company that will be licensing their…

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Characteristics of a Bad Franchise

franchise law

Five Characteristics of a Bad Franchise I am often asked how someone would know if a franchise is a good one.  There are some clear signs and characteristics of a bad franchise that can be helpful.  Here are five examples of characteristics of a bad franchise that a prospective franchisee should consider. 1. NO SUPPORT…

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Florida Small Business Parity Act

Florida Senate had recently passed SB 1076 known as the Florida Small Business Parity Act.  The Florida Small Business Parity Act is an attempt by the Florida legislature to ensure that Franchisees owning a Franchise are on a more even playing field with their Franchisor. The proposed Florida Small Business Parity Act would protect Franchisees…

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What Is A Franchise Earnings Claim?

DEFINITION OF A FRANCHISE EARNINGS CLAIM What is a franchise earnings claim? As a prospective franchisee, you want to know how much money  you can expect to generate from the franchise business in which you are investing.  A franchise earnings claim is any information provided to a prospective franchisee that allows that individual to predict…

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Franchise Attorney or Local Business Attorney?

Understanding of franchise law I often get asked by a prospective franchisee client why they should use experienced franchise attorneys like those at Lanard and Associates and not their local business attorney.  My answer is very simple.  The local business attorney will not likely be familiar with franchise laws (both federal and state) and provide…

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FOUR STEPS TO VALIDATE A FRANCHISE OPPORTUNITY

Before you invest in a franchise opportunity, it is important to take the following four steps to validate the franchise opportunity: CALL FRANCHISEES THAT ARE IN THE SYSTEM This is an important initial step in validating a franchise opportunity.  The franchisees that are in the system already (and any that have left the system) are the…

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Top 10 Questions To Ask When Buying A Franchise

What Are The Top Ten Questions To Ask When Buying A Franchise? I always recommend that individuals looking to buy a franchise ask several questions.  The first step to validate a franchise is to speak with existing franchisees of that system before moving forward. Franchisees that are already in the system and operating the business…

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What Is Florida Senate Bill 750?

BACKGROUND Florida Senate Bill 750 has taken one step closer to becoming law.  Known as The Protect Florida Small Business Act, Florida Senate Bill 750 would greatly impact both franchisors and franchisees doing business in Florida.  Senate Bill 750 would change the current law in Florida to protect franchisors from terminating or failing to renew…

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What Is The Difference Between The Franchise Disclosure Document And The Franchise Agreement

What is the difference between the Franchise Disclosure Document and the Franchise Agreement?  The Franchise Disclosure Document is a large document comprised of several federally mandated components, which include the Franchise Agreement.  The Franchise Disclosure Document is required to have twenty-three disclosure items, all contracts that the franchisee will be required to sign, financial statements…

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What Is A Fictitious Name Registration?

What Is A Fictitious Name Registration and Do I Need One? I am often asked whether a fictitious name registration is needed for a client’s business.  The first point is to understand what a fictitious name registration is.  If you are doing business under a trade name that is not also your entity (corporation or…

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Item 19 of the Franchise Disclosure Document (FDD)

ITEM 19 OF THE FRANCHISE DISCLOSURE DOCUMENT (FDD) Background On New NASAA Guidelines to Item 19 of the FDD New guidelines for Item 19 of the Franchise Disclosure Document (FDD) on Financial Performance Representations (FPRs) will benefit franchisors, franchisees and sales consultants. These new guidelines go into effect early in 2017 (http://www.nasaa.org/40282/notice-request-comments-regarding-proposed-franchise-commentary-financial-performance-representations/).  The new guidelines are…

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