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Franchising

A franchise is a legal and commercial relationship between the owner of a trademark, service mark, trade name, or advertising symbol (the franchisor) and someone who seeks to use that identification in a business (the franchisee). For example, McDonald's restaurants all share the same branding and menu items but are individually owned by franchisees. State laws govern how franchisors may operate and which disclosures they are required to make to prospective franchisees.

If you are considering purchasing a franchise, it makes sense to contact a business attorney with experience handling such procedures. They will be able to help you better assess the likelihood of success (based on financial data and other pertinent information), navigate the regulations, and secure funding. See Consumer Guide to Buying a Franchise to learn more.

Terms to Know

·         Royalties: A share of the profit or product reserved by the grantor; a payment made to an author or composer for each copy of a work sold or to an inventor for each article sold under a patent (or, in this case, payment made by the franchisee to the franchisor based on a percentage of sales or a set rate).

·         Franchise Disclosures: States have laws governing which types of disclosures franchisors must make to prospective franchisees, and the manner in which these disclosures must be made (such as average profit, operating costs, etc.).

Buying a Franchise? Why You May Need a Lawyer

After you have done some research and reviewed various franchise options, you will be presented with the franchise agreement, a legally binding contract. The agreement and the franchise disclosure document (FDD) usually are written in thick "legalese" and can be better interpreted by an attorney. To become better prepared, fill out FindLaw's Franchise Agreement Questionnaire and go over the answers with your attorney.

The FDD, which includes disclosures required by state laws, covers the franchisor's business experience, litigation history, bankruptcy filings, fees, initial investment, restrictions, franchisee's obligations, territory, trademarks, dispute resolution, and more. An experienced franchise attorney will be able to compare any given FDD with industry averages.

Franchisors almost always tell prospective buyers that their contracts are non-negotiable, but that is not the case. Remember, buying a franchise is an agreement between two parties; so you should protect yourself just as rigorously as the franchisor will protect itself.

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Nickolas James Spradlin
Nickolas James Spradlin
56

2929 Allen Parkway Suite 200, Houston, TX 77019

License for 2009 years Eligible To Practice In Texas

Practice Areas: Business | Franchising | Intellectual property | Real estate | Securities offerings | Tax
Paul Jason Burkhart
Paul Jason Burkhart
21

800 Village Square Crossing, Palm Beach Gardens, FL 33410

Bar #946621(FL)     License for 2005 years Member in Good Standing

Practice Areas: Arbitration | Business | Estate planning | Franchising | Intellectual property | Litigation | Mergers and acquisitions | Probate | Real estate | Wrongful death
Domenick Giovanni Lazzara
Domenick Giovanni Lazzara
11

1814 North 15th Street, Ybor City, FL 33605

Bar #103071(FL)     License for 2013 years

Practice Areas: Business | Civil rights | Franchising | Insurance | Intellectual property | Limited liability company (LLC) | Medical malpractice | Personal injury
Alla Zagrebelsky
Alla Zagrebelsky
8

2202 N. West Shore Blvd. Suite 200, Tampa, FL 33607

Bar #54106(FL)     License for 2008 years Member in Good Standing

Practice Areas: Contracts and agreements | Copyright infringement | Corporate and incorporation | Entertainment | Franchising | Intellectual property | Internet | Licensing | Mergers and acquisitions | Trademark application | Trademark infringement | Venture capital
K Brian Roller
K Brian Roller
8

801 N.E. 167th Street Second Floor, North Miami Beach, FL 33162

Bar #18696(FL)     License for 2005 years Member in Good Standing

Practice Areas: Arbitration | Business | Commercial real estate | Franchising | Insurance | Mediation | Personal injury | Slip and fall accident
Robert Eric Bilik
Robert Eric Bilik
7

Bank of America Tower 50 North Laura Street Suite 3300, Jacksonville, FL 32202-3661

Bar #987840(FL)     License for 1993 years Member in Good Standing

Practice Areas: Commercial real estate | Franchising | Litigation
David Albert King
David Albert King
5

1416 Kingsley Ave, Orange Park, FL 320734509

Bar #343005(FL)     License for 1982 years Member in Good Standing

Practice Areas: Business | Commercial real estate | Corporate and incorporation | Estate planning | Franchising | Limited liability company (LLC) | Real estate | Wills and living wills
Debra Hill
Debra Hill
5

4600 Touchton Road Building 100, Suite 150, Jacksonville, FL 32246

Bar #158186(FL)     License for 1998 years Member in Good Standing

Practice Areas: Business | Franchising | Trademark application
Richard Steven Rosenstein
Richard Steven Rosenstein
5

1200 N. Federal Highway Suite 200, Boca Raton, FL 33432

Bar #109242(FL)     License for 2014 years Member in Good Standing

Practice Areas: Chapter 11 bankruptcy | Commercial real estate | Corporate and incorporation | Debt and lending agreements | Equipment finance and leasing | Franchising
Andrew Gordon Simon
Andrew Gordon Simon
3

Miami Tower100 Southeast Second Street, 30th Floor, Miami, FL 33131-2158

Bar #1002623(FL)    

Practice Areas: Franchising | Litigation
John N Usher
John N Usher
3

3019 S.W. 27th Ave., Ste. 102, Ocala, FL 34480-6692

Bar #57745(FL)     License for 2008 years Member in Good Standing

Practice Areas: Family | Franchising | Immigration
Theodore Robert Walters
Theodore Robert Walters
2

9132 Strada Place, 3rd Floor, Naples, FL 34108-2683

Bar #985813(FL)     License for 1993 years Member in Good Standing

Practice Areas: Corporate and incorporation | Franchising | Litigation | Real estate

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