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franchise your business
Are you ready to take your business to the next level?
At Achieve Legal we specialize in helping business owners like you navigate the legal complexities of franchising with confidence. From drafting comprehensive franchise agreements to ensuring compliance with regulatory requirements, we will work closely with you to develop a customized franchising strategy tailored to your business objectives.
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While franchising is subject to federal and state regulation, the intended advantages are to use others' capital in exchange for providing to them your blue print for operating a successful business. Additionally, franchising can limit some legal liability of the franchisor.
Because franchises tend to be subject to greater scrutiny through laws and regulations, alternatives should be explored in addition to franchising, including partnering, contracting, creating a distribution system or offering "fractional franchises."
Whether you're just beginning to explore franchising or ready to take the plunge, we're here to provide the support and guidance you need every step of the way.
steps to franchising
For the blog post, How to Franchise My Business, in 10 Steps, click here.
The most important thing you provide a franchisee, as a franchisor, is the "know-how." An ideal franchisee has tested operational systems, methods and controls. Throughout the franchising process (if you haven't already done so) will write or have written you franchisee operations manual(s), a start-up manual, training manual(s) and training programs.
Initial & On-going Franchisee Training. Before offering franchises, you will develop a training course and system for franchisees and possibly for franchise managers as well. This franchise training is likely to vary from any existing training system you have, because the new franchisees would have more autonomy than any managers you might have. Plan for the initial training system, which may or may not take place at your headquarters, an existing operations facility, at a third party facility, or even at the franchisees future operations facility. But as you know, the learning does not stop after the initial few days or couple of weeks, and therefore you will need to account for ongoing, follow-up and incremental training systems.
Franchisee Start-up Manual. The start-up manual should layout how to establish necessary, recommended and beneficial infrastructure, banking, bookkeeping and accounting, initial advertising and necessary staffing, to acquisition of equipment- everything needed in order for a franchisee to have things in place to open the doors, e-commerce site or phone lines.
Franchisee Operations Manual. The franchise operations manual should explain with some specificity, the details from how to answer and handle phone calls, through to customer post-sale follow-up. The operations manual should allow a manager or franchisee who has successfully completed the franchise system training, to walk in on day one, pick up the manual, and have the basic knowledge and information to fundamentally operate that business substantially similar to yours.
The blog post, How to Franchise My Business, in 10 Steps, can be found here.
Achieve Legal Franchise Lawyer, Josh Logan, in Orlando, Florida, discusses some steps to franchising a business (2015).
the franchise documents
Franchise Disclosure Document. The Federal Trade Commission ("FTC") requires many disclosures to be made by the franchisor to the franchisee, in the form of a Franchise Disclosure Document, or "FDD." You may have heard of the Uniform Franchise Offering Circular, or "UFOC." The UFOC is the precursor to the FDD, and was vary similar, but the FDD is more detailed. Unlike the UFOC, the FDD no longer needs to be filed with the FTC, but some states, like Florida, do require the FDD be filed with the state. The FDD is updated with regularity as financial representations change, and as the franchise system evolves.
Franchise Agreement. The Franchise Agreement is your contract with the franchisee and its principals and/or obligors. Nearly all obligations of both you, as franchisor, and your franchisees, will be included in the Franchise Agreement.
State Filings. Many states require an application in order to operate your franchise system in that particularly state, or, like in Florida, the filing of the franchise documents.
It is important that your FDD, Franchise Agreement and anything filed with any state, are all collaborative, cohesive and do not conflict.
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Whether looking for an Orlando franchise attorney or a Florida franchise attorney, at Achieve Legal we work with clients to help put together the Franchise Disclosure Document, which includes the Franchise Agreement, as well with state filings.