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Franchising

The franchise law attorneys at Fortson, Bentley and Griffin have years of experience in franchise law matters. Although franchising is an exciting and rewarding area of business with growth opportunities for both franchisors and franchisees, it also is a highly-regulated area of the law. Fortunately, the franchise law attorneys at FB&G possess the depth and breadth of franchise law experience necessary to assist clients in navigating the extensive federal and state regulations which impact their franchise businesses.

Franchising is a system of marketing and distribution which involves an independently owned business (a franchisee) selling the goods or services of a franchisor under a common brand name in accordance with the franchisor’s established practices and standards. As a business relationship regulated by the Federal Trade Commission, as well as the laws of certain states, franchising is a complex area of law that incorporates related areas of corporate, finance, tax, real estate and intellectual property.

Our attorneys counsel both franchisors and franchisees, and our representation begins by listening to the business needs and objectives of our clients. Whether our client is a start-up business interested in developing a franchise system or an existing franchise company with hundreds of outlets, our attorneys seek in each case to understand the needs, goals, culture and business objectives of the client. At FB&G, we use a team approach to work to develop legal strategies to achieve those objectives, and we routinely coordinate with franchise consultants, accountants and other business advisors to provide our clients with the highest level of service.

Our experience representing existing or prospective franchisors includes:

  • Structuring of franchise systems
  • Preparation and updates of required franchise disclosure documents and related franchise agreements and associated documents
  • Advice with respect to system operations, including establishment of advertising cooperatives, franchisee relationship issues and franchisee compliance with system standards
  • Advice relating to corporate structure, finance, and tax matters
  • Representation in the resolution of disputes and litigated matters
  • Vendor and supplier agreements
  • Franchisor-Franchisee renewals and terminations

Our experience representing existing or prospective franchisees includes:

  • Examination of franchise disclosure documents and consultation with clients to assist in understanding the franchise offering
  • Negotiation of franchise agreements with national franchise companies
  • Advice regarding applicable law, including relationship statutes governing the franchisor-franchisee relationship
  • Advice relative to corporate structure for real estate and operating entities
  • Negotiation and preparation of real estate leases
  • Representation in resolution of disputes and litigated matters

If you are seeking experienced legal representation relating to franchising law, please contact us online or by telephone at 706-548-1151.

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