FRANCHISE AGREEMENT ATTORNEY SAN JOSE
PROFESSIONAL SAN JOSE ATTORNEY REVIEW FRANCHISE AGREEMENT
A franchise agreement is a long-term commitment, with a substantial financial investment. Ensure your franchise litigation counsel will provide you with a detailed written report outlining the key terms of your franchise agreement.
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Our franchise agreement attorney can help with many of the following:
- Advising on Business Licensing
- Franchise Disclosure Document Review
- Franchise Agreement Review and Modifications
- Review Multiple Franchises for Consideration
- Lease Agreement Review
- Employee Advising on Wage-Hour Issues
- Advising on Corporate Formation (Corporations, Limited Liability Companies, and S-Corp), or provide referrals as needed.
- Review Trademarks of the Proposed Franchise to Verify Registration
- Advise on royalty rates and franchise fees and provide a summary of key items
- Review the franchise financials in the Franchise Disclosure Document and the size of the franchise network.
- Review Litigation disclosures.
- Review the Business experience of the franchise.
- Territory questions or limitations.
- Term and length of the Franchise Agreement
- Review Financial Statements.
- Review dispute resolution provisions such as Arbitration, Mediation, and advise clients on what these processes are based on experience participating in them.
Our franchise disclosure document lawyer can review your San Jose franchise agreement and answer any questions you may have.
DISCOVER THE BEST FRANCHISE AGREEMENT ATTORNEY IN SAN JOSE
Your franchise agreement attorney will show you how it is essential for any business to review the franchisor and its franchisees under the brand carefully.
Our full attorney review franchise agreement will ensure these 7 essential elements, including, but not limited to:
An Overview of the Relationship
The parties to the franchise agreement, the ownership of any intellectual property, the overall obligations holding you responsible for operating their business to brand standards, etc.
Initial and Continuing Fees
You will generally pay an initial and continuing fee to the franchisor for entering into your franchise agreement. As your franchise disclosure document lawyer will explain, there are also a host of other fees that are included in most contracts. Most San Jose franchise agreement systems also provide for a payment to an advertising fund that is used for marketing the brand to the public.
Assigned Territory
Not every franchise agreement grants an exclusive or even a protected territory. Sometimes the lack of any protected territory results in franchise litigation cases. How a territory is established can be best defined during your franchise attorney review. Franchisors in San Jose also need to manage the reservation of any rights within a franchisee’s territory, including alternative distribution sites, sales over the Internet, etc.
Site Development and Selection
Franchisees generally find their sites and develop them according to the franchisor’s standards. The role of the franchisor is usually to approve the location located by the franchisee and then approve, before opening, that the franchisee has built their site to meet design and other brand standards.
Use of the Intellectual Property, including Trademarks, Patents, Manuals
As the IP of every franchise agreement system is its most valuable asset, your franchise agreement attorney will review the IP, what is licensed to you, and the rights of the franchisor to evolve the system.
Insurance Requirements
A franchise agreement in San Jose will define the minimum insurance a franchisee is required to have before opening and during the term of the agreement. A franchisee should budget this into any business plan.
Record-Keeping and the Rights to Audit Records
The franchisor defines the records it needs its franchisees to maintain in the franchise agreement and operations manual. As well as the software you can use, any rights to access that information including through the Internet, and any rights to audit that information from time to time.
Ensure Success And Growth | Franchise Agreement Basics
Franchising is not exponential, it is a get-rich-slow growth strategy—meaning it takes some time to take root, and the first few years often require investment and patience.
During the initial stages, you are setting your franchise up for explosive future growth by planting the seeds of success for your next generation of outlets. Our franchise attorneys will save you time and money in preparation, and address any issues now, instead of later when they become problems.
Launch
Your exciting new business in a franchise starts with a franchise agreement journey. Following an orchard analogy, the first steps are to plant the seeds. Good, as well as bad, decisions made today will not bear fruit for years.
Early Years
As your franchise emerges, or trees begin to firmly root, the returns will be small in comparison to your investment and effort. Your fruit may not yet be abundant, but a growth curve will have started.
Adolescence
At this point, your franchise system should be continuously monitored, improved, and enhanced for success—the outputs will eventually exceed the inputs.
Maturity
If groundwork in the early years was done well, a tipping point will eventually be hit. Every profitable franchise business should become profitable and allow a good living for the franchisee.
The Exit
As your growth curve continues, the future harvest on an exponential curve could be an extraordinary number. Finally, the goal you have worked towards all the previous years may be within reach.
Franchise Litigation Experience
A San Jose franchise agreement is complex and, in most instances, a contract of adhesion (meaning an arrangement that is not subject to change). Although you can ask for changes and sometimes a franchisor will agree to some changes. It is recommended you schedule an attorney review franchise agreement consultation—a franchise agreement is intended to reflect the uniqueness of each franchise offering,
The 3 key reasons why a professional franchise disclosure document lawyer in San Jose can help:
Franchising is about sustainable, consistent replication of a company’s brand promise. The franchise agreement needs to detail the extensive amount of business decisions that go into creating the franchise system
Your San Jose franchise agreement attorney can carefully explain the franchise agreement and the key terms so that you understand the business and the franchise obligations.
Franchisors who choose not to work alongside franchise agreement attorney and franchise disclosure document lawyer professionals cut corners and put their franchise business in peril.
Nick Heimlich Law has dealt with advising clients who are either franchisees, are considering a franchise, or want to cease being a franchisee. Below is a short and non-exhaustive list of the industries/franchises reviewed or consulted about or litigation:
- Food and Restaurant Industry: WingFiesta, Extreme Pita, Jake’s Wayback Burgers®, Lite for Life, Inc., Teriyaki Madness, Pinot’s Palette
- Hospitality Industry: Best Western Hotels, Holiday Inn Express, Wingate Hotels.
- Tutoring and Learning Centers: Kumon®, Mathnasium, Huntington, E2 Young Engineers Franchise
- Animal and Wildlife Control Business: Critter Control®
- Senior Care Franchises: Right at Home, Inc., Home Helpers
- Tea Shops (Boba Shops): Teaspoon,
- Child Care and Early Education: Primrose Schools
- Maintenance/Hardware: The Flying Locksmiths
- Auto Repair/Maintenance Facilities: Precision Auto Tune
San Jose franchise Disclosure Document Lawyer Guidance
The 3 key reasons why a professional franchise disclosure document lawyer in San Jose can help:
Ensure you are fully informed by a franchise disclosure document lawyer before you invest in any franchise find your franchise attorney near me and schedule a full and comprehensive franchise agreement attorney in San Jose initial review.
A San Jose franchise agreement attorney can comprehensively review your franchise agreement and issues you may be having with your franchisor including these items:
- Respond or initiate to lawsuits regarding breach of your franchise agreement.
- Discuss ways to address your situation, either with your franchisor or yourself.
- Review your franchise agreement for any breaches that might allow you to exit the franchise.
- Negotiate with your franchisor if issues can’t be resolved.
- Review your situation and listen to your problems or concerns.
- Review your liability if you decide to stop operating the franchise agreement.
Make sure you have somebody on your side to walk you through the process. A full attorney review franchise agreement will help you find potential trouble spots before you commit. Also, a full franchise agreement attorney review will identify areas of possible negotiation and prepare you for the steps required to move your acquisition along. You can negotiate with the franchisor, alongside the help of the best franchise attorneys near me, to get the best possible terms.
Franchise Exit Assistance. Sometimes you just have to move on from a franchise, in which case, the right legal advice can help to advise you on possibilities. Further, the right legal advice can guide you in the process of moving on from the franchise, whether it is selling the franchise, or closing it.
Ready For Your Franchise Agreement Attorney Consultation?
If you’re in Santa Clara County, such as San Jose, Palo Alto, Santa Clara, Los Gatos, or Campbell or throughout California and are looking for a franchise agreement review, then contact Nick Heimlich Law. The reviews are often done by phone and email, so we can advise in other counties, such as San Mateo County, San Francisco County, Alameda County, Contra Costa County, or even farther away, such as Los Angeles County, Orange County or San Diego County.
