Nov 30, 2021

Understanding Your Franchise Agreement is our three-part series covering 15 key provisions of the franchise agreement for prospective franchisees. As a franchisee law firm, we have represented clients considering all types of franchises, and we have reviewed franchise agreements from franchisors in every segment of the industry. Parts 1 and 2 of the series covered opening, territory rights, term and renewal, fees, and operating standards. Here in Part 3, we cover transfer, termination, post-termination, dispute resolution and “miscellaneous” terms.

Nov 24, 2021

Understanding Your Franchise Agreement is our three-part series covering 15 key provisions of the franchise agreement for prospective franchisees. As a franchise law firm, we have represented clients considering all types of franchises, and we have reviewed franchise agreements from franchisors in every segment of the industry. Part 1 of the series covered five key provisions at the beginning of the franchise agreement. Here in Part 2, we cover franchise fees, operating standards and renewal.

Nov 19, 2021

Several years ago, we published a popular three-part guide titled, Understanding Your Franchisor’s FDD. As its name suggests, this guide provides an in-depth look at what franchisees need to know about their franchisor’s Franchise Disclosure Document (FDD). Now, we’re taking the same approach to the franchise agreement. In this three-part series, franchise lawyer Jeffrey M. Goldstein breaks down 15 key contract provisions that govern most franchise relationships.

Oct 3, 2016

This is Part 3 of our three-part series, Understanding Your Franchisor’s FDD. Here, we cover some of the highlights of Items 15 through 23. For our discussion of Items 1 through 14, you can read: Understanding Your Franchisor’s FDD – Part 1 (Items 1 through 7) Understanding Your Franchisor’s FDD – Part 2 (Items 8 through 14) Item 15: Obligation to Participate in the Actual Operation of the Franchise Business What You’ll Find Any restrictions the franchisor imposes regarding who can take responsibility for the day-to-day operation of the franchised business. Why You Care While some franchisors do not require their franchisees to have direct involvement in their outlets’ day-to-day operations, others do. If your franchisor requires direct, “on-premises” supervision, this is certainly something you will want to know (especially if you are looking for a multi-unit opportunity). Item 16: Restrictions on What the Franchisee May Sell What You’ll Find Any requirements to sell only approved goods or services, as well as any requirements to sell all goods or services authorized for sale at franchised outlets. Why You Care If your franchisor limits your inventory or service offerings, this is something that you will need to take into consideration when evaluating the financial potential of your franchise. Likewise, if your franchisor requires you to carry all approved products, is this going to leave you paying for inventory that just ends up going to waste? Item 17: Renewal, Termination, Transfer, and Dispute Resolution What You’ll Find A table that identifies where […]

Sep 29, 2016

This is Part 2 of our three-part series, Understanding Your Franchisor’s FDD. In Part 1, we covered Items 1 through 7. Here in Part 2, we cover Items 8 through 14: Item 8: Restrictions on Sources of Products and Services What You’ll Find In Item 8, franchisors are required to disclose any obligations for franchisees to purchase or lease necessary products or services either (i) from the franchisor, (ii) from a designated or approved supplier, or (iii) according to mandatory specifications. This includes: Supplies, fixtures and equipment Inventory Computer hardware or software (including POS systems) Real estate Any “comparable items related to establishing or operating the franchised business” Why You Care Purchasing controls can often mean higher purchasing prices for franchisees. When a franchisor negotiates a volume rebate with a supplier, this does not necessarily mean that savings get passed on to the franchisees. In fact, instead it can simply mean that franchisees lose the ability to shop for competitive pricing. Item 9: Franchisee’s Obligations What You’ll Find Item 9 is comprised of a cross-reference table that identifies where you can find various pieces of information (like site selection and pre-opening requirements) in the Franchise Disclosure Document (FDD) and the franchisor’s standard franchise agreement. Why You Care If you are not familiar with reviewing FDDs and franchise agreements (and most prospective franchisees aren’t), you can use the Item 9 table to get an overview of the key legal and business terms that will apply if you decide to move forward […]

Sep 27, 2016

Pursuant to federal regulations and franchise laws in various states around the country, before selling a franchise, the franchisor must provide the potential buyer with a Franchise Disclosure Document (or “FDD”). Each franchisor’s FDD must closely follow a format that includes: A Cover Page A table of contents Specific information broken out into 23 “Items” Exhibits (including a copy of the franchisor’s standard franchise agreement) While understanding your franchise agreement needs to be a top priority, it is also important to critically assess the information contained in Items 1 through 23. In a series of three articles, we will summarize what you can (or should) expect to see when you open up your franchisor’s FDD. Item 1: The Franchisor and Any Parents, Predecessors and Affiliates What You’ll Find Along with general business information (like the franchisor’s name and address), Item 1 must contain: a description of the franchise business, the general market for the franchise system’s products or services, disclosures regarding the franchisor’s franchising history and whether it operates any company-owned outlets, and information about competition and industry-specific laws. Why You Care While Item 1 disclosures tend to be pretty general, prospective franchisees can uncover some key information in Item 1. For example, if the franchisor has a prior history in franchising (especially an unsuccessful one) or if the industry has unique legal requirements, this is certainly something you will want to know going into your franchise opportunity. Item 2: Business Experience What You’ll Find A five-year employment and business […]

Mar 29, 2024

Franchise attorney Jeffrey M. Goldstein, founder of Goldstein Law Firm, PLLC, will speak at the Franchise Times Legal Eagles Virtual Summit on April 10, 2024. The Virtual Summit takes place from 11:00am EST to 4:00pm EST.

Mar 22, 2024

The pet industry is booming. As recently stated in an industry report on Franchise Direct, “People LOVE their pets—and they’re spending the money to prove it.” But does this mean that you should buy a pet franchise in 2024? Here are some key considerations from franchisee attorney Jeffrey M. Goldstein.

Feb 22, 2024

Buying a franchise is a multi-step process that requires careful planning, foresight and informed decision-making. While a franchise can be a good investment, there are no guarantees, and starting out on the wrong foot can make it much more difficult to build a successful and sustainable business. In this article, New York franchise lawyer Jeffrey M. Goldstein provides an overview of the franchise buying process.

Feb 15, 2024

Disputes between franchisors and their franchisees can involve a wide range of issues. As a franchisee, it is important to be aware of these issues so that you know when legal action may be necessary to protect your franchise. When these issues arise, informed decision-making is critical, and this makes it important to speak with an experienced franchise attorney as soon as possible.