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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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K Brian Roller

954-966-2483

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

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

Bryan D Hull

813-224-9255

1801 North Highland Avenue, Tampa, FL 33602-2656

Bar #20969(FL) License for 2006 years Member in Good Standing

Practice Areas: Appeals | Commercial real estate | Franchising | Securities offerings

Alla Zagrebelsky

813-579-1859

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

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

John N Usher

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

Domenick Giovanni Lazzara

1814 North 15th Street, Ybor City, FL 33605

Bar #103071(FL) License for 2013 years

Domenick Giovanni Lazzara

1814 North 15th Street, Ybor City, FL 33605

Bar #103071(FL) License for 2013 years

Domenick "Dom" Lazzara is an experienced trial attorney and business lawyer practicing business law and intellectual property. He is a partner and co-owner of Dom Law, PA, The Small Business Advocates.® Dom is also an adjunct professor at the University of Tampa, Sykes College of Business, teaching business and entrepreneurship law, and serves in leadership roles both in legal and civic associations. Dom has negotiated, successfully litigated, and settled hundreds of personal injury cases over...

Richard Steven Rosenstein

561-666-7658

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

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

Andrea Thomasina Tullo

100 S Ashley Dr Ste 600, Tampa, FL 33602-5300

Bar #128236(FL) License for 1997 years Member in Good Standing

Practice Areas: Business | Franchising | Intellectual property | Internet | Telecommunications

Andrea Thomasina Tullo

100 S Ashley Dr Ste 600, Tampa, FL 33602-5300

Bar #128236(FL) License for 1997 years Member in Good Standing

Andrea Tullo has an office in Tampa, FL and handles cases in Business, Franchising, Internet, Telecommunications, Intellectual Property. This attorney has been licensed for 24 years and attended Hofstra University School of Law.

Practice Areas: Business | Franchising | Intellectual property | Internet | Telecommunications

Debra Hill

904-612-3780

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

David Albert King

1416 Kingsley Ave, Orange Park, FL 320734509

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

Nickolas James Spradlin

2929 Allen Parkway Suite 200, Houston, TX 77019

License for 2009 years Eligible To Practice In Texas

Nickolas James Spradlin

2929 Allen Parkway Suite 200, Houston, TX 77019

License for 2009 years Eligible To Practice In Texas

About me, I am a family man first. I love to hike, fish and travel with my loved ones. I enjoy spending my free time helping to better a few particular animal sanctuaries. Like many others, when I have troubles sleeping at night, I tire myself out with a good novel. I Love historical fiction or a good mystery. As for my Legal practice: My mission is to help make possible the business dreams of all entrepreneurs no matter what their gender, sexual orientation, race, religion or financial...

Paul Jason Burkhart

800 Village Square Crossing, Palm Beach Gardens, FL 33410

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

Andrew Gordon Simon

305-350-5300

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

Bar #1002623(FL)

Practice Areas: Franchising | Litigation

Andrew Gordon Simon

305-350-5300

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

Bar #1002623(FL)

Andrew Gordon, born in Miami, Florida, received his B.A. from Hampshire College in 1977 and his J.D. from Georgetown University in 1980, where he was Executive Editor of the Georgetown Law Journal. He clerked for Judge David Bazelon of the United States Court of Appeals for the District of Columbia. He is admitted to the Florida Bar, U.S. District Court, Southern and Middle Districts of Florida, U.S. Court of Appeals, Eleventh Circuit and U.S. Supreme Court. Prior to joining the firm as of...

Practice Areas: Franchising | Litigation

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K Brian Roller

K Brian Roller

Bryan D Hull

Bryan D Hull

Alla Zagrebelsky

Alla Zagrebelsky

John N Usher

John N Usher

Domenick Giovanni Lazzara

Domenick Giovanni Lazzara

Richard Steven Rosenstein

Richard Steven Rosenstein

Andrea Thomasina Tullo

Andrea Thomasina Tullo

Debra Hill

Debra Hill

David Albert King

David Albert King

Nickolas James Spradlin

Nickolas James Spradlin

Paul Jason Burkhart

Paul Jason Burkhart

Andrew Gordon Simon

Andrew Gordon Simon

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