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The Importance of an Experienced Attorney in a Franchise Establishment

Nov 28, 2020

Many entrepreneurs are attracted to franchise operations regardless of whether they are extending a personal project into a national chain or buying into an established franchise network. The process can work in both directions, and it is fraught with legalities all along the way. Every industry has specific laws that will apply to daily functioning and get the company established legally with respect to financing, licensing, and other legal necessities before finally opening. The most crucial aspect will be the franchise contracts that are always the first step toward all of the other measures needed to be ready for opening day. And having the right attorney evaluating the franchise agreement is essential for a successful start to the project. That San Jose franchise attorney is at the Law Offices of Nicholas D Heimlich.

The Advantage of Having an Experienced Franchise Attorney

Buying a franchise in San Jose is not as simple as opening a personal operation with a sales goal in mind. The sign that comes with the franchise will also come with some strings attached. An experienced franchise attorney can identify potential liability issues and lack of control that most new business owners may not realize. The corporate office can intrude easily, and owners are often required to comply even when they may not be so inclined. This means that the details of a franchise contract matter greatly. In addition, many franchise attorneys have dealt with the parent corporation before and understand first hand what to expect after beginning the opening process.

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Potential Issues with a Franchise Contract

Franchise contracts are not all equal in scope or responsibility designation, and many times they are slanted to protect the parent corporation or company. The size of the national chain and the nature of the industry can create contractual differences. However, there are some general specifics that an experienced franchise contract review attorney can address immediately, including:

  • Royalty payment structure
  • Right to close
  • Right of First refusal
  • Litigation parameters
  • Non-compete clauses
  • Franchise territory

These are all elements of a standard agreement, but consideration for the franchisee is often reduced as much as possible by the franchise entity authorizing the contract. There should be no grey areas with contracts of this type because a business may not take off as intended from the initial store opening. The most important aspect of the overall agreement is how much autonomy the franchisee has with respect to business operation because all markets differ in competition level, and there are 5 additional essential components of a franchise purchase.

Subsequent Representation

Another consideration for franchise entrepreneurs is any subsequent problems that arise for whatever reasons. Having an attorney who already understands the business relationship of the parties is always an advantage because operating contracts will typically already be on file in the legal office. Legal representation is just as vital after opening the doors as it is in getting established with an effectively balanced operating agreement. This is an added benefit when you retain a designated franchise attorney. Learn more about protecting yourself from personal liability.

Contact the Law Offices of Nicholas D Heimlich

All aspiring entrepreneurs in California should contact the Law Offices of Nicholas D Heimlich California Franchise Contract Review Attorney, before making any final decision or signing any franchise agreement. Offices are located in:

  • San Jose CA
  • Santa Clara CA
  • Mountain View CA
  • Palo Alto CA
  • Los Gatos CA
  • Saratoga CA

Call or contact us today and let us put our experience to work for you.

Call Today To Schedule Your Appointment

C O Lee Boyce Jr
C O Lee Boyce Jr
1708187295
Nick provided me sage advice with my issue. He was efficient, thoughtful, and good natured about the whole process.
David Duckworth
David Duckworth
1700157726
I recently received legal advice from Nick and he was very professional and easy to talk to. He gave us great advice and I would definitely use him again if needed. Thank you Nick!
Rebecca Bauer
Rebecca Bauer
1695770332
Nick was excellent! Very knowledgeable, asks great questions, and quickly understood the situation and was able to give great advice. I so appreciated his time, insight, and expertise in assisting with our situation. Highly recommend!
Charles Chen
Charles Chen
1694420630
Mr. Heimlich has been very responsive to my case and provided extraordinarily useful advice. Thank you!
Mario Cassara
Mario Cassara
1685657082
Nick Heimlich was very professional and knowledgeable in my case. He left a lot of the worrisome I had in my case to the expert and was very good at what he does. I will recommend Nick to anyone who needs council!Much appreciative,Mario
Taryn Harada
Taryn Harada
1682283989
This was the first time ever needing a lawyer for something, I was a bit frantic and overwhelmed with everything going on, but Nick and his team were very professional and honest, and made me feel at ease about my case. They were even professional and cool with the opposing attorney even though she was being unprofessional at times. In the end, they were able to settle my case and bring me a satisfying outcome. If you're ever in a bind and need a business lawyer, I highly recommend Nick and his team.
Jay Kamdar
Jay Kamdar
1677112007
I am an officer at a company that provides B2B Demand Generation services to marketing and sales. Over a number of years, I've worked with Nick Heimlich for legal services. He has advised me well and helped to represent the company in multiple legal disputes including in Court. I am very satisfied with his work and highly recommend him.
Rami Gideoni
Rami Gideoni
1671573652
I needed some legal consultation and per recommendation I received, I have approached Nicholas. He got back to me quickly and provided great service, he was patient, professional and knowledgeable. His advise is much appreciated, it cleared the situation, draw the next steps to follow and placed my mind to peace .I would definitely recommend his service.
I A
I A
1668466596
Nick answered all of my questions with direct and concise answers to my situation. Thank you!
Abe Honest
Abe Honest
1659056852
Mr Heimlich was very professional kind and knowledgeable when I give him a call. I was calling to hire an attorney for an tenant and landlord dispute. I had a particular issue that Mr Heimlich took time to completely listen to me. unfortunately the area I needed help was not an area that Mr Nick practiced. but he was not hesitant to give me some leads and direct me to the right place. he's a man of character and cares about what he does, I can only imagine his level of excellence in his area of expertise. he's a man of great character and I would recommend him for anyone to give him a call and talk to him. thank you very much Nick. thank you for caring .
Tilo S
Tilo S
1645581772
Nick was very helpful when I needed legal advice.Thank you!
Bay Small Moves
Bay Small Moves
1627662780
M C
M C
1567630884
I entered into a membership contract that had unreasonable cancellation requirements. I went to Nick through my company’s employee assistance program. Nick did thorough research and found that the contract term exceeded term limits allowed by California law. As a result, I was able to cancel the contract without any penalty. I was very satisfied with the outcome.
Brandon Lowry
Brandon Lowry
1560660818
Great attorney who listens to what you say and provides insight and guidance for your problem. Nick is extremely patient and will fight hard for you. He will also tell you the truth whether you have a case or not so you do not waste your money. Hard to find honesty nowadays.
Andyn79 Nguyen
Andyn79 Nguyen
1559407271
He wasn't able to take me as a client but had about 10 mins so he told me tell me and just from that i was able to be clear and did win from really dishonest people. So i am thank you telling the truth gets it's own reward
Mark Brown
Mark Brown
1557175715
Nick was very helpful when I needed assistance dissolving an LLC. Not only did he create the appropriate documentation, but he educated me on the process. His guidance was invaluable, and everything resolved smoothly. I would certainly use his services again in the future.
Bonnie Nevitt
Bonnie Nevitt
1477002289
My family cannot thank Nick enough. We needed a business litigation attorney for a lawsuit that was going to trial, he not only took the time to understand the complexities of the case but was able to convey that to the judge. He was able to get us amazing results. Hands down the best attorney we have ever worked with.
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