Franchising

Drive through any shopping center in the United States, and it is hard to spot a business that is not part of a franchise system.  With 3,000+ franchise opportunities across the United States, and tens of thousands of individual franchisees, franchising can be extremely profitable for both franchisor and franchisee, bringing more than $1 trillion annually to the economy.  But while the “business-in-a-box” concept is attractive, franchising is a complex and highly regulated industry, fraught with pitfalls for unwary franchisors and franchisees. 

If you are an entrepreneur thinking about buying a franchise unit, most franchise agreements require that you sit down with an experienced attorney and fully understand the Franchise Disclosure Document (FDD) and Unit Franchise Agreement (UFA) and the commitment that they entail.  At Morgan Easley, we guide you through this process, discussing financing options and helping you to create an appropriate entity structure, negotiate a commercial lease, and hire and manage your employees in a professional and productive way.  If the relationship with your franchisor goes off the rails, we can often help there, too.

If you are a business owner thinking about turning your concept into a franchise, we help new franchisors develop the documentation and policies their system will need.  A clear, expertly drafted Franchise Disclosure Document and Franchise Agreement is the keystone of every franchisor-franchisee relationship You need an experienced franchise attorney to prepare it for you and keep it up to date.  As the system grows, we stay by your side to help you enforce your system policies and standards and ensure that the franchise network runs smoothly.  We have also developed long-term relationships with trusted partners in banking, accounting, commercial real estate, and branding and marketing that we can leverage for your benefit.

Whether you are an entrepreneur considering buying a franchise or an established brand seeking market penetration and growth through franchising, your experienced and cost-effective legal team at Morgan Easley can help you:

For Franchisors:

• Franchise Preparation, Advice and Counsel
• Franchise Disclosure Document Drafting
• Protecting and Maintaining Your Trademarks and IP
• Entity Structuring to Protect Your Business
• Branding, Financing, Insurance, and Commercial Real Estate Referrals
• Franchisee Compliance
• Termination and Restrictive Covenants

For Franchisees:

• Franchise Disclosure Document and Franchise Agreement Review and Counseling
• Business Entity Structures
• Financing, Insurance, and Commercial Real Estate Referrals
• Commercial Lease Review and Negotiation
• Employee Hiring, Discipline, and Termination
• Avoiding Employment Disputes
• Franchise Termination