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Franchise Agreement Lawyers in Orlando, Florida
A franchise contract is an agreement between a business and a franchise owner, allowing a business to use the franchise owner’s proprietary business practices, processes, trademarks, and business name. A franchise agreement is a type of binding legal contract, signed by both a franchisor – the company granting the franchising license to a third party – and the franchisee, who is the individual responsible for running and owning the business. Franchise agreements are typically at least ten years in duration, and may last up to twenty years. A franchise agreement is enforced at the state level, and it outlines all of the obligations – both of the franchisee, and the franchisor.
For example, a franchise agreement may include details about how and when you can use the franchisor’s trademarked signage and marketing materials – and also contain information about things such as employee training, profit sharing, confidentiality, billing and finance management, and more. In essence, when you sign a franchise agreement in Orlando, Florida you’re agreeing to conduct your business in a certain way – and in accordance with the franchisor’s wishes. And the franchisor, in turn, has certain responsibilities for your business – such as providing you with a way to purchase goods from their supply chain, equipment, and training materials.
The same is true if you are a franchisor. If either party breaches their duties and responsibilities, it’s possible that there could be penalties, as outlined by your contract, or that legal action could be taken by either party. The business owner will often pay start-up fees and annual license fees to maintain the franchise. Whether you plan to license out your trademark, business processes, or business name under a franchise, or whether you intend to start up your own franchise-based business, you’ll need to either have a franchise agreement in place or need to sign a franchise agreement. If you are a franchise owner, it is important that you establish ownership of your trademark, business practices, and processes before creating your franchise agreement or providing licenses.
If you sign a franchise agreement in Orlando, you’re committing to a long-term relationship with the franchisor. If you do not understand the contract fully, you may run into legal issues, and you may run into surprises and roadblocks when you’re opening up and running your franchise. A franchise agreement attorney in Orlando can help you understand every element of the contract, and explain each one – and what it means to you – in plain English. In addition, your lawyer may be able to request revisions and changes to the document, as appropriate.
And if you’re creating your own franchise agreement, you must make sure that the contract is enforceable, binding, and covers every aspect of running and operating a business. You can’t simply copy another company’s franchise agreement – or you may expose yourself to legal risks. If you are planning on entering into a franchise agreement, it is important that you understand your responsibilities and rights. Contact Legal Counsel, P.A. and consult with our franchise agreement lawyer in Orlando, Florida who can assist you with these kinds of contracts. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.
What Should Be Included in a Franchise Agreement?
There are many sections that should be included in a franchise agreement. It is important that, if you are granting another party to use your brand name, trademarks, and business practices, that you clearly establish ownership of these processes and names. A franchise contract generally grants another business or party limited rights to use proprietary knowledge, business practices, brand names, and trademarks. These limited rights no not constitute ownership and often don’t include transfer rights. It is important that a franchise agreement makes this clear and makes clear that the rights that are granted are limited and non-transferable.
A franchise agreement will general specify the term for which the license is granted, the location where the license is granted, and it will make clear the requirements the franchise licensee must meet. For example, will a brick and mortar location be provided by the licensor, or is this the responsibility of the licensee? Will equipment be provided or will the licensee provide equipment? Are there certain standards for facilities and equipment that must be met? Will the franchise licensor provide the licensee with special training or is training required? Will the licensee have access to the franchiser grantor’s supply chain? Generally, if you are granting a franchise license to another party, you’ll want to ensure that the other party meets your brand and trademark standards. After all, you don’t want a licensee to damage the reputation of the good name and brand you have worked to build. A franchise agreement will also include information about how standards are to be met and whether the licensee may be subject to inspections or oversight.
A franchise agreement should also include fees for using the license. Typically there will be start-up fees and annual dues. Other fees may include advertising costs, and other financial responsibilities, like insurance.
A franchise agreement is one in which the licensor may be required to meet a variety of obligations and duties. It is important that the franchise agreement include remedies for what happens if the licensee fails to meet these duties. Finally, there may be other additional legal provisions that are included to protect the licensee, such as clarifications about the relationships between the parties, indemnification clauses, non-compete clauses, and other requirements.
If you are planning to enter into an agreement with a franchise owner by purchasing a franchise license, it is important to understand your responsibilities under the contract. Contact Legal Counsel, P.A. and speak to our franchise agreement lawyer in Orlando, Florida who can assist you with understanding your contract and your rights before signing on the dotted line.
If you plan to license your business name, trademark, brand, and trade secrets to another party, it is important to protect your interests and your reputation. A franchise agreement ensures that your brand vision is maintained and that you maintain the right to your trade secrets, trademark, and brand. If you are thinking of franchising, consider speaking to our franchise agreement lawyer at Legal Counsel, P.A. in Orlando, Florida who can assist you with your contractual needs. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.
How a Franchise Agreement is More Than Just a Contract
While a franchise agreement is a license to another party to use your brand name, it is also a document that may include outlines regarding your brand’s unique vision and offerings. A franchise agreement will sometimes reveal to a prospective licensee important trade secrets, business practices, and processes. Because franchise agreements can be long-term contracts, it is important that they consider the needs of your brand and consider the reality that your brand may evolve over time. You might also want to consider the needs of each individual owner and location. In some ways, franchising is an opportunity to grow your brand as well as your business. It is important that you have your business processes and plans in place before entering into this agreement because the terms you set in the franchise agreement will impact your company for possibly years to come. Additionally, companies should be wary of using boilerplate franchise agreements. Your brand is unique, and your franchise agreement should be tailored to meet its unique needs. Contact Legal Counsel, P.A. and consult with our franchise agreement lawyer in Orlando, Florida who can assist you with developing a franchise agreement that’s crafted just for your business. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.
Contact Our Franchise Agreement Lawyer Today in Orlando, Florida
If you’re thinking about signing a franchise agreement in Orlando, it’s important to have representation from a professional Orlando franchise agreement lawyer. Your attorney can help you review the basics of your franchising agreement, understand complicated legal language, and ensure that you are signing up for a legitimate franchising opportunity.
At Legal Counsel, PA, our franchise agreement attorney in Orlando, Florida are here to help. Before you begin your next franchise-based business venture, make sure you consult with our franchise agreement lawyer and understand the important aspects of your agreement. Franchising is not simple, and it’s a long-term commitment. So don’t try to go it alone. By investing in the services of an our franchise agreement attorney in Orlando, Florida at Legal Counsel, P.A. you can protect yourself against unfair contracts, and make sure that you understand what’s expected of you – whether you’re a prospective franchisee, or you’re thinking about becoming a franchisor. Have questions? We have answers. Contact Legal Counsel, P.A. today at 407-982-4321.