Franchisor Attorneys

The Resource for Growing Your Business

Franchising has now been going strong for more than 50 years. Why does it work? For would-be franchisors, it is a way to expand with other people’s money and human resources. For franchisees, it is a way to get into business without having to reinvent the wheel or go it alone. Of course, like any business venture, there is no guarantee of success for either franchisor or franchisee, and each should understand what they are…
We often talk to people who were told they could avoid the regulations of franchising if they simply granted a “license,” or entered into a “consulting agreement,” with a person who approaches them about opening a similar business. Be very wary of such advice; in most cases, these are unregistered franchises that can expose you to significant liability. As they say, “if it quacks like a duck…”.…
Entrepreneurs who have created a successful brand and business and that are considering franchising their business often fear giving up control to franchisees who may not operate their franchised business with the same level of dedication and care that the entrepreneur had in operating their location. Building the brand required the entrepreneur’s blood, sweat, and tears.  However, franchisors will need to give up day-to-day control to franchisees, and they can do so without losing control.…
This is the time of year that we pause for a moment to reflect on the many things we have to be grateful for in our busy practice. We have the greatest clients in this field – engaged entrepreneurs and general counsel who take pleasure not only in the success of their companies but in the achievements of those with whom they work–and a team of professionals who impress me every day with their legal…
Experts will tell you the most important thing when you consider franchising your business is to do “X” or to check out “Y” or be certain you have “Z”. For me, rule number one is not unique to franchising but something I told each of my three children as they were growing up: Rule No. 1 is to “choose carefully”*. It is good advice in life – choose carefully before going down this path or that one.…
All too often start-up franchisors rely on a consultant or attorney to prepare their franchise agreements for them. If they work with an attorney who has extensive experience in preparing these agreements, their reliance may be appropriate, but recent legal actions against some big named franchisors demonstrate the importance of knowing what is in your agreements, and having them reviewed at least annually by someone who keeps up with trends, pronouncements, and changes in the…
In many new franchise systems, the most important element of the brand is the common name under which each franchised outlet operates.  If you are considering expanding your business by opening additional locations or franchising, before you get too far into the process, consult with trademark counsel to be certain you have a name that can be registered as a trademark with the United States Patent and Trademark Office.…
Our last post, New Franchise Offerings Continue to Expand, talked about the explosive growth of franchising over the last several decades. Larkin Hoffman has been helping entrepreneurs franchise their businesses for more than 40 years, and we thought a look back at some of our original franchise clients would be instructive to people seeking to franchise their businesses today. In 1977 and 1978, we helped 3 companies franchise their businesses.…