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Representation From A Franchisee Attorney Who Can Draft, Revise, Negotiate and Interpret Your Contracts

Contracts are the lifeblood of any business, especially when it comes to owning and operating a franchise. Franchisees often enter into agreements with a franchisor, suppliers, clients, employees, and others. The contract with your franchisor will define your relationship with them and govern how you operate, right down to minor details. Contracts with other vendors, suppliers, and employees will ensure your business operates smoothly. While it may seem like these are only form documents that require a signature, it is essential to understand how the key features of these documents will apply to your business. Where applicable, you may be able to negotiate certain aspects to provide greater protection. An experienced franchisee attorney can review your contracts with you side-by-side to make sure you understand how they will apply and that they afford the protection you need.

Looking Beyond the Franchise Agreement

Your most important contract will be your franchise agreement. A franchisee attorney can help you understand your franchise agreement, clarify any ambiguities and understand the applicable laws, whether in California or the rest of the nation. Even though parts of the franchise agreement may be non-negotiable, we help our clients by bringing a forward-looking perspective. For example, we draft addendums and amendments to franchise agreements that focus on the key terms that a franchisor may negotiate and that provide the most “bang for the buck.”

We also help multi-unit and multi-brand franchisees enter into development agreements or master franchise agreements. Franchisors are often willing to provide more concessions when dealing with a franchisee who owns multiple brands or is buying multiple units or territories. By obtaining a development or master franchise agreement on your behalf, you can assure you have space to develop when you are ready to expand. As part of negotiating these agreements, we will look at, among other things:

  • The territories (including any exclusivity protections)
  • Any site selection/development requirements
  • The timeline for development
  • Fees
  • Rights of first refusal
  • Exit options (transfer and termination)

We also work with franchise clients and counsel outside the United States to prepare international master franchise agreements.

Experienced Counsel for All Types of Franchise Related Contracts

We are available to draft, revise and negotiate contracts. We also review and negotiate your agreements with suppliers (to the extent the franchisor has not negotiated it), clients, and employees. As to suppliers, we can review the operative part of your franchise agreement and operations manual to determine whether you can use a supplier and then assist you in negotiating that agreement. Or, if you simply have questions on interpreting a term or obligation in an agreement, we can provide counsel. Whether it’s drafting, negotiation, or interpretation, we can help you with any type of contract you need, including the following:

  • Vendor contracts
  • Services contracts
  • Maintenance and repair contracts
  • Executive contracts
  • Leasing and purchase agreements
  • Construction contracts

The Value of Working with an Experienced Negotiator

Franchisee attorney Doug Luther previously served as general counsel to a franchisor and has deep experience as a dealmaker in various business contexts. In that role, on a nearly daily basis, he negotiated agreements with vendors and franchisees for the franchisor. His background gives him a unique insight into how franchisors and vendors think, what they are motivated by, and where there is room for negotiation. Our experience on both sides of the table helps us get results that many others cannot.

Work With Experienced Franchise Contracts Attorney

Your contracts should help you grow your business, not hinder it. Whether you are already in a contract dispute or just planning for the future, we can help you navigate the complexities of your franchise and vendor contracts. Whether you are in Orange County, Southern California, or beyond, to discuss your needs and how we can help, call or email us today.