Before you buy a franchise, there are several steps you can take to minimize your risk and increase your chances of building a successful business. We cannot emphasize enough that you need to take these steps before you buy. Franchise agreements are binding, long-term contracts that wed franchisees to expensive obligations, and as a result, you need to be confident that you are making an informed decision before you sign on the dotted line.
At the Goldstein Law Firm, we offer three different service packages for prospective franchisees:
- Fundamental Review of the Franchise Agreement and Franchise Disclosure Document (FDD)
- Detailed Review of the Franchise Agreement and FDD
- Detailed Comprehensive Review of the FDD and Negotiation of the Franchise Agreement
We offer these packages at fixed fees, so that you know up front what you can expect to pay for our services.
Review of the Franchise Agreement and FDD
Each of our offerings includes a review of the franchise agreement and FDD you receive from your chosen franchisor. With our Fundamental Review, you will spend time on the phone with one of our attorneys during a lengthy conference call in which we explain the most important issues we have identified in the documents. With our Detailed Review and Detailed Comprehensive Review, you will have two calls with your attorney in which we will cover state-specific issues, address your questions and provide additional guidance to help you approach the opportunity eyes wide open.
Negotiation of the Franchise Agreement
If you choose, you can also hire a franchise attorney at the Goldstein Law Firm to negotiate the terms of your franchise agreement with your franchisor. While success is not guaranteed, we can advise you of the risks of not negotiating and the likelihood of obtaining modifications for various key provisions in your agreement. Some of the issues we commonly seek to address in franchise agreement negotiations include:
- Limiting franchisees’ obligations upon renewal or termination
- Limiting the franchisor’s ability to require execution of its standard “then-current” agreement upon renewal or transfer
- Limiting the franchisor’s right to require expensive updates and modifications
- Expanding the legal recourse available to franchisees for franchisor breaches
- Reducing or eliminating liquidated damages obligations
Of course, each system’s franchise agreement is unique, and we will use our experience in franchise matters to pursue a negotiation strategy that is designed to help you extract maximum value from the process.
Guidance for Franchise Due Diligence
Finally, we are also available to provide guidance to prospective franchisees during the due diligence process. Before you buy, you should speak with the franchisor’s representatives, current and former franchisees and your professional advisors in order to gather as much relevant information as possible.
Contact Franchisee Attorney Jeffrey M. Goldstein
If you are considering a franchise opportunity, we encourage you to contact us for details about our fixed-fee franchise review options. To learn more, call us at 202-293-3947 or request additional information online today.