Managing attorney at Franchise.Law Jason Power has been awarded the title of Legal Eagle. This is an impressive accomplishment as this is only awarded to those who truly understand the intricacies of franchising. The Franchise Times Legal Eagles are a professional cohort of experienced lawyers that have proven their ability to solve complex problems and provide unique perspectives to various situations. Legal Eagles like Jason Power also have knowledge in both the legal and business components that go into franchising. We are excited to see what the future holds for Jason! Contact Us Today The ..read more

In the world of franchising, many times lines get blurred when looking at the roles certain people play. One of those blurred lines is that of the role of a franchise developer versus a franchise lawyer. Both a franchise developer and a franchise lawyer participate in the creation of a franchise brand; however, the difference between the two is the license to practice law and legally acknowledge that the franchise disclosure document is compliant with federal and state law. How Does a Franchise Developer Help a Franchise Lawyer? Franchise lawyers have experience in franchising. They have worke ..read more

Finding the right franchise can be a daunting process, but there are a few things you may consider when searching. First, consider whether there is a need for this particular product or service in your local market. Competitors could help you learn about its prices, customer service, or how these products tested. These are all critical components to research when buying a franchise. There are many examples of franchisees introducing a product or service into a market and failing because the local community rejected the product or service or it was simply too expensive to educate the area about ..read more

When most people buy a franchise, they look at the Franchise Disclosure Document (FDD) and believe that everything within that document is their contract with the franchisor. However, this is not the case. It is important to understand the difference between the franchise disclosure document versus the franchise agreement when looking to enter a franchise. What Makes the FDD Distinct from the Franchise Agreement? What some do not realize is that the FDD is merely an overview of the franchise relationship and includes the experience of the franchisor and its officers; the litigation and bankrup ..read more

Franchising is a business method for providing services and/or distributing products. To have a franchise, a business owner (“Franchisor”) establishes their trademarks and business system. The buyer (“Franchisee”) signs a contract (the “franchise agreement”), pays an initial fee and ongoing royalty to purchase the rights to operate the business within a certain area using the Franchisor’s trademark and system. Franchising involves concessions by both the Franchisor and the Franchisee. The Franchisor must trust that each Franchisee will operate its specific business according to the Franchisor ..read more

You’re already taking a huge risk with buying into a franchise, so it’s important to limit that risk as much as possible.  Of course, there are certain risks that are unavoidable, such as the real chance that your franchise tanks.  The success of your franchise largely depends on your efforts.  However, here are some practical tips that we’ve come up with after helping hundreds of franchisees make the decision to buy into a franchise. Tip #1: Create an Entity Before Signing a Franchise Agreement When John Smith signs a contract, John Smith is personally liable.  When John S ..read more

There’s the initial franchise fee.  Then there’s the royalty fee, software fee, late fee, renewal fee, marketing fee, advertising fee, transfer fee… and the list of fees involved with buying into a franchise goes on and on.  Negotiation is an art, and done properly, it can save money both up front and on the back end of buying into a franchise.  Here, we break down the two biggest franchise fees – the initial franchise fee and the royalty fee. The Initial Franchise Fee The initial franchise fee, sometimes simply referred to as “the franchise fee,” is what you usually find on web ..read more

As a franchise law firm in Charlotte, our team often looks for ways we can further help entrepreneurs both in our community and throughout the U.S. Recently, we discovered the Brian Hamilton Foundation, an organization right here in North Carolina that shares our passion for entrepreneurship. The Brian Hamilton Foundation is a nonprofit organization providing free entrepreneurship education resources for people of all backgrounds. Whether you are a current business owner or looking to start one, the Brian Hamilton Foundation has resources to help you become a successful entrepreneur. This foun ..read more

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