STARTUP FRANCHISING AND FDD PREPARATION
STARTUP FRANCHISING
Since our firm’s inception, we have counseled multiple dozens of small business owners on the franchising process across almost every industry. We represent fast casual, quick service, and fast food establishments but franchising is not just for food concepts. Our startup brands range from pet services to fitness to business services to health and wellness concepts. Check out our representative franchise clients page. During our free consultation with prospective startup franchisors, we will take our time to understand your business model, provide suggestions on how to “franchise” it, and develop a legal framework and business structure that our clients will use to start selling franchises.
We offer a competitive flat fee startup franchise package and, for the flat fee, we include preparation of the FDD and all exhibits, Franchise Agreement, forming the franchise company, registering the trademarks, registering our clients in their home state or any states that are desired right off the bat, and providing documents that will be used by the franchisor during the sales process including an application and related documents.
Why franchise your business? The answer most attorneys may give you is that you can expand your concept by using other people’s money. While true, that is not the approach we take to startup franchising. We ensure that our clients understand that they are taking people’s livelihoods in their hands and entrusting the startup franchisor with their hard-earned money. Fairness is key as a startup franchisor, and treating your franchisees like a family is our mantra.
During the free consult, we will help you analyze whether franchising is the appropriate growth strategy for your business a franchising including licensing and distribution. If franchising is the most appropriate growth strategy based on your needs and future goals, we will then discuss competitors in your space and the best structure for your business. We will perform an investigation to determine if your business name can be registered with the USPTO. We will discuss growth strategies and the states where you will want to franchise your concept.
Our attorneys regularly prepare Franchise Disclosure Documents (FDDs). The FDD is the most important document in the transaction purchase and sale of a franchise. The FDD information is regulated by the FTC (and some states have rules of their own) and must have detailed and critical information that the franchisee must know before investing in a franchise. The FDD gives franchisees information that will allow them to make an informed decision on whether to purchase the franchise and it also protects the franchisor from misunderstandings and allegations of false and fraudulent claims.
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- Franchisor assistance, advertising, systems, information and training
- Franchisor assistance, advertising, systems, information and training
- Restrictions on the sources of products and services
- Business experience
- Litigations
- Bankruptcy
- The Setup Fees
- Estimated Initial Investment
- Obligations of the Franchisee
- Financing
- Income
- Trademarks
- Obligation to participate in the actual operation of the Franchise Business
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Renewal, termination, transfer, and resolution
of disputes
- Copyright patents and potential information
- Financial Performance Restrictions
- Restrictions on what the franchisee can sell
- Public figures
- Financial performance representations
- Financial statements
- Information of points of sale and franchises
- Contracts
- Trademarks
- Territory