Hire an attorney who writes franchise documents and knows the Franchise Disclosure Document (FDD or Circular) inside and out. The $1,500.00 flat review fee includes the following services: an initial client conference, a review of the FDD (including the FA and ADA, if applicable), a second conference to advise you about the documents, and finally, follow-up with a written bullet point list of flagged items. I will advise you of any unnecessary restrictions or waiver of rights found in the FDD/ADA, so that you may decide whether to walk away or execute the documents knowing of the franchise’s risks and potential benefits.
The post-review period: In the vent you require additional services, you will find my hourly fee very competitive with firms in the region. Post-review services may include negotiation of franchise terms (hourly). If you require the formation of your entity (limited liability company or corporation), this service is charged on a flat rate basis. In addition, I can review and negotiate your commercial lease, or negotiate the purchase of property in transactions involving a brick and mortar franchise business.
Franchise business owners require experienced franchise attorneys to protect them from aggressive franchisors. It is the franchisee attorney’s job to hold the franchisor firmly to the terms of the Franchise Agreement, and oftentimes, to identify contract terms or procedures which violate federal statutes, FTC regulations, or applicable state securities/franchise statutes/regulations.
Additionally, Franchise Agreements universally require alternative dispute resolution (mediation and arbitration), as opposed to traditional litigation, to resolve disputes. Therefore, your attorney should have experience advocating clients’ positions and claims before arbitration forums, such as the American Arbitration Association. Kilcommons Law has this experience, and is available to mediate any dispute between the parties.
Let Kilcommons Law take the field for your franchise business.
This article is not intended to be relied upon as advice for your particular circumstances. Therefore, consult with a qualified FRANCHISE ATTORNEY before offering or signing a franchise agreement.
© Kilcommons Law, P.C. 2020