Representation From A Franchise 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 and franchisors enter into agreements with each other as well as suppliers, clients, employees, and others. The contract between franchisee and franchisor will define the franchise relationship and govern how the franchise operates, 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 franchise attorney can review your contracts with you side-by-side to make sure you understand how they will apply and see that they afford the protection you need.
Looking Beyond the Franchise Agreement
Your most important contract will be your franchise agreement. A franchise 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 franchisee 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
- Rights of first refusal
- Default provisions
- 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, clients, and independent contractors. As to suppliers, for franchisors we have experience negotiating agreements with suppliers of nearly every industry and service. For franchisees, 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 or supplier contracts
- Services contracts
- Consulting agreements
- Financing agreements
- Leasing and purchase agreements
The Value of Working with an Experienced Negotiator
Franchise attorney Doug Luther 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, franchisees 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. If you are entering into a contract 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.