Franchising is a business relationship where a franchisor grants franchisees the right to use its brand, business model, and operational systems in exchange for upfront and/or ongoing fees. This arrangement benefits franchisees by providing them with the opportunity to operate their own independent business under the franchisor’s brand and allows franchisors to expand their brand via franchisees’ efforts and capital.
Franchised businesses appear across many different industries, from convenience stores and gas stations to fast food, business services, healthcare, fitness, and others. According to recent statistics, there are over 800,000 franchise establishments, representing almost 10% of all businesses, employing almost 8.5 million people. These numbers keep growing.
Recognizing the unique legal issues surrounding franchising, the Widerman Malek Franchising Group provides comprehensive legal services tailored to the needs of franchisors, franchisees, and businesses exploring franchising opportunities by drawing on our experience in franchise law, business law, and intellectual property.
Our Franchise Law Services:
The franchise-related services we provide clients include:
For Franchisors
- Franchise Structuring: We work with clients to review the intellectual property, business operations, marketing and entity structure to create the platform to expand through franchising.
- Franchise Disclosure Documents (FDDs): We guide clients through the preparation, review, and updating of their FDD, providing analysis and counsel to ensure transparency, full disclosure, and compliance with the Federal Trade Commission Franchise Rule and relevant state-specific requirements.
- Contract Negotiation and Drafting: Our attorneys have extensive experience negotiating and drafting franchise agreements, area development agreements, master franchise agreements, and related contracts as well as ensuring such agreements comply with the relevant Federal Trade Commission and state regulatory standards.
- Intellectual Property: Because a strong brand is critical to franchising, we provide strategic counsel in all areas of intellectual property to help secure and protect your brand, including trademark and copyright registration, patent drafting, intellectual property licensing, enforcement, and litigation.
- Dispute Resolution: Our attorneys work with clients to amicably resolve franchise-related disputes whenever possible. However, not all disputes can be amicably resolved and we have extensive litigation experience should things require court intervention.
For Franchisees
- Franchise Document Review and Negotiation: We can provide prospective franchisees with a comprehensive review of Franchise Disclosure Documents (FDD), franchise agreements, and ancillary franchise-related contracts to identify pertinent terms, risks, and potential negotiation points so they can make informed decisions about entering into a franchise relationship.
- Dispute Resolution: Our attorneys work with clients to amicably resolve franchise-related disputes whenever possible. However, not all disputes can be amicably resolved and we have extensive litigation experience should things require court intervention.
Contact Us for a Consultation with an Experienced Franchise Attorney
If you have questions or need legal assistance related to franchising, please contact us at 321-341-4964 or fill out our contact form to set up a consultation with one of our experienced franchise attorneys located in Melbourne and Celebration, Florida.
We believe it is imperative to understand our client’s business goals and challenges to offer strategic advice and practical solutions tailored to their unique needs and priorities. We also collaborate across practice areas and leverage the combined talents of all our attorneys to offer holistic and comprehensive legal solutions. Because we are committed to delivering exceptional client service and support, you can be assured that we will be responsive, transparent, and proactive throughout our representation.
