Houston Franchise Agreement Drafting Lawyer
Master the Art of Franchising with Our Savvy Franchise Agreement Lawyers
Franchises are a popular option for buying into a growing business and having turnkey solutions. These are an extension of successful businesses looking to expand and wanting to bring you in as a partner. You run your operation, agree to pay their fees, and follow the franchise’s rules.
In exchange, you receive support and assistance to help you focus on growing your business. You never have to worry about determining what is hot or establishing your brand name. All of this is done for you so you can focus on growing your new business.
More entrepreneurs are turning to franchises, with 792,000 new businesses opened last year. These trends are expected to increase by 2.2%, with more robust growth among franchisees.
Not all franchises are created equal; some will stipulate what you must do to maintain good standing. The franchise agreement defines what is expected of you, the fees, and how you are to operate your business.
The challenge is reading the fine print and ensuring the agreement protects your interests. The research and advice you get now could save you time, money, and aggravation by negotiating a deal that gives you more independence.
The best approach is to speak with a franchise agreement lawyer. We will review your situation and give you objective advice to receive maximum protection under the law. Here are some reasons you want to have a franchise agreement attorney on your side.
Knowledge of Franchise Agreements
The franchise agreement is the foundation for your business to succeed and establishes a strong relationship with the company. It states the franchisee’s and franchisor’s obligations, rights, and responsibilities.
A skilled franchise agreement lawyer knows these agreements’ details and gives you invaluable insights. We review your contracts, study the terms and conditions, and explain what everything means in simple terms. We ensure that your rights are protected and you know all of your roles and responsibilities with the franchise.
The Weisblatt Law Firm has decades of experience working on franchise agreements, and we will guide you through this process. Contact us now at (713) 666-1981 to schedule your free telephone consultation with a skilled franchise agreement attorney. Franchise agreements require working with a knowledgeable attorney to guide you.
Effective Negotiations
Negotiating a franchise agreement requires balance to create a beneficial relationship for everyone and protect your interests. Your franchise agreement lawyer has extensive experience with these negotiations and a proven track record.
We work with you to understand your goals and create an agreement to help you achieve them. Our team addresses critical issues such as operations, financing, marketing, and revenue sharing. These increase your chances of success by negotiating a fair deal that benefits you.
Legal Support and Compliance
Franchise laws are complex, and the regulations surrounding them can be tricky. Understanding how everything applies to your business is critical for the long-term success of your franchise. Your franchise agreement attorney understands the various regulations and helps you to navigate the legal landscape.
We give ongoing advice and support to help you address any complex legal issues that could arise. Our team works on everything from territorial disputes to intellectual property rights to ensure you are protected.
Resolving Disputes
Disputes with the franchisor could create extra stress and divert your time and resources from your business. You could lose money and see damage to your reputation from these issues.
A franchise agreement lawyer is skilled in handling the most complex disputes. We use different tools to address these issues, including negotiations, arbitration, and mediation, to create win-win situations for everyone. We represent you when litigation is necessary to protect your interests and ensure your rights are respected.
Growth and Continuing Support
We are committed to the long-term success of your franchise and are here for you after finalizing the initial agreement. Our team provides guidance and support to ensure sustainable growth for your business. We are current on all the industry trends, franchise laws, and practices to ensure you are legally compliant and competitive. Our knowledge, skill, and experience help you to reduce risks, make prudent decisions, and take advantage of new opportunities.
Get the Help of a Skilled Franchise Agreement Attorney
Addressing the various issues facing franchises requires working with professionals that understand the law and the variations of these agreements. Your attorney will guide you through everything from starting the franchise to continuing support after you are open for business. We help you to create a contract that protects your rights and improves your chances of success.
The Most Common Franchise Agreement Provisions
Every franchise agreement is different, but you will find standard terms that are included.
Grant of the Franchise
The grant of the franchise is when the franchisor legally grants you (the franchisee) non-transferable, non-exclusive, and limited rights to use logos, trademarks, operational systems, and service marks. It is a license by the franchise to use these rights to promote your business, but the franchisor has the right to terminate the license.
Territories and Dates
This section states your territory and whether it is exclusive to you. It sets specific dates for finding the proper location, purchasing equipment, and opening the business.
Fees
The agreement should state the fees, including the franchise fees, costs of supplies/materials, and ongoing fees.
The Terms of the Agreement
The terms state the length of the agreement, expiration dates, right to renew, and the process for renewing. It contains all of the details about what is expected and critical deadlines.
Franchisor Services
The franchisor will state what they provide for pre-opening and ongoing services to you. These services are detailed, so you know what to expect and what legal actions you can take. The franchisor has a responsibility to help you grow your business and ensure success. This section spells out what services are provided to your operation.
Proprietary Information Protection and Intellectual Property
The franchisor allows you to use and benefit from their proprietary information, intellectual property, and trademarks. The agreement contains restrictions on using this information and property and your rights. It outlines what are confidential trade secrets and sensitive information.
Quality Control Standards and Training
The franchisor details any training, seminars, and other meetings to attend for operating your business. It sets the hours of operation and quality control expectations. You know what is expected by the franchisor and your responsibilities.
Franchise Transfers
Nearly all franchise agreements limit and decide when and how a franchise is transferred to another party. It states all of the requirements to transfer the franchise legally.
Breaches of the Franchise Agreement
The contract states what is considered to be a breach of the agreement. It defines how the franchisee can address the problem to avoid the termination of the agreement and franchisee rights.
Obligations after the Contract Ends
This provision details what the franchisee must do to disaffiliate with the brand when the agreement terminates or expires.
The Legal Relationships of all Parties
Franchisees are independent contractors and not employees of the franchisor. The agreement should clearly define this relationship and that the franchisor is not an agent but an independent entrepreneur running their business.
Non-Compete Agreement
The franchisee must wait a certain period of time to open a business that would compete with the franchise before or after the agreement ends.
Indemnification
In this section, the franchisee agrees to reimburse the franchisor for any losses from misconduct or negligence.
Conflict Resolution
In the event of a dispute, the agreement states how it is resolved using arbitration, mediation, the courts of jurisdiction, and any other options.
Miscellaneous Provisions
These provisions discuss state-specific requirements, amendments, insurance, and anything not covered in the above sections.
Each provision inside the franchise agreement is crucial, and violating any terms could lead to legal action. These agreements often favor the franchisor, and we recommend speaking with a skilled attorney to ensure your rights are respected. We will help you to draft, review, and negotiate an effective agreement.
Why Choose Us
Doing everything yourself when setting up and running a franchise could be a mistake that will cost you time, money, and aggravation. Inside the fine print are the specific terms and conditions you must follow. Failure to abide by these agreements can result in the loss of your franchise and legal action against you.
At the Weisblatt Law Firm, you work with a skilled franchise attorney that understands the law and has experience with these situations. We will discuss the different options to protect your rights and negotiate an agreement that looks out for you.
Most franchisors pay high-priced attorneys to draft these agreements in their favor. The franchisees might understand their roles, responsibilities, and obligations only after it is too late. The most effective approach is to have a franchise lawyer review and advise you on these agreements before signing them. We level the playing field in your favor and give you the exact legal representation the franchisor receives from their high-priced attorneys.
You will know about any issues, how we can address them, and understand your roles and responsibilities. We give you peace of mind by establishing an effective agreement that protects you so you can focus on running your business. Contact us now at (713) 666-1981 to schedule your free telephone consultation with a franchise attorney.
Attorney Andrew Weisblatt
Mr. Weisblatt has practiced continuously since becoming licensed in 1992 and has represented businesses ranging in size from one person start-up ventures to multi-national corporations employing hundreds of people in multiple countries. From 2005 through 2009 Mr. Weisblatt was in-house counsel and chief operating officer of a multi-national corporation in the steel products industry. That in-house position provided valuable insight into how businesses work and what they actually need from their lawyers – both in-house and outside counsel. Attorney Bio
