Offering Legal Guidance During Franchise Transactions
The documentation surrounding franchising can be complex, but it is essential for creating strong working relationships between franchiser and franchisee. The assistance of an experienced franchise attorney could be essential in navigating these transactions.
Our franchise lawyers at Zarco Einhorn Salkowski, P.A., guide franchisee clients through all stages of franchising, from initial exploration of a franchise opportunity, through franchise ownership, to termination of the franchise relationship. Our Miami firm’s vast knowledge and exceptional experience in this legal area allow us to afford our clients practical advice and realistic solutions for every challenge they may face in their business.
Services For Every Stage Of The Franchise Process
We thoroughly review the proposed franchise or dealership documents with our franchisee clients to ensure that they understand all the terms and are prepared to pursue all opportunities to negotiate favorable terms. We help our clients assess the franchise and advise them on the pros and cons of becoming a franchisee. We also routinely recommend changes to the proposed agreements and negotiate those changes with the franchiser or manufacturer. The franchise transactions we assist our clients with include but are not limited to:
- Becoming a franchisee and evaluating a franchise opportunity
- Structuring a new franchise, including partnership, shareholder and operating agreements
- Reviewing indemnity agreements, construction loan agreements, lease and various ancillary agreements
- Renewals of existing franchise agreements
- Franchise sales and transfers
In addition to our expertise with franchise agreements, our attorneys are well-versed in drafting, reviewing and negotiating other types of business contracts that franchisees might encounter, including leases, purchase and sale agreements, employment, confidentiality and noncompete agreements, and personal guarantees. We also provide an affordable key to the courthouse when necessary.
Fighting For Your Rights In Franchise Renewals
If you already have a franchise and want to renew it with the franchiser, you will face a minefield of obstacles that, if not navigated skillfully, could put your success as a franchisee at risk. Far too many franchisees have stories about franchisers demanding expensive new updates or trying to make you sign contracts with outdated terms and conditions.
Once your franchise agreement expires, you should work with knowledgeable franchise lawyers to negotiate the terms of a fair renewal. As experienced franchise renewal attorneys, we regularly advise clients of how to proceed during the renewal process. Franchisers – especially those worth millions or billions of dollars – mistakenly believe that they have complete power of you as a franchisee. When you have us on your side to protect your rights, this is not true.
Cutting Through The Impossible Conditions Of Right-To-Renew
A franchisee’s right to renew usually has conditions attached. However, franchisers often make these conditions impossible to meet. That way, they won’t have to renew. Some of these conditions may include:
- A too-short renewal period during which you must notify the franchiser of your intent to renew.
- Demands for expensive, unattainable upgrades to your franchise facilities.
- A contract with then-current franchise terms that are vastly different from the ones in your original agreement.
- Allegations of breach of contract and the request of obligations to cure before the franchiser will renew.
If the franchiser has denied your reasonable request to renew, then you might have a claim for wrongful refusal of renewal. You have the right to litigate a wrongful nonrenewal – and you can have our franchise litigation attorneys on your side in court. We have litigated franchise renewal disputes in courts throughout Florida.
Talk To Us About Our Franchisee Services
We offer free consultations to businesses throughout the world. Our firm is proud to help level the playing field for franchisees in business negotiations and complex disputes.