Jonathan Barber

Charlotte, NC Franchise Attorney

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This infographic illustrates the financial assurance obligations for franchisors and franchisees when launching a new location. Franchise.Law created this infographic to help visually show the differences and similarities between each type of financial assurance obligation. Deferral and Escrow have similarities in the order of steps for a franchisor to collect their fees where the franchisor has to perform its pre-opening duties first. Posting a surety bond and a performance guaranty are similar in that they allow for a franchisor to collect their fees upfront, but these options come with other stipulations that can make these options less desirable. To learn more about financial assurance obligations, please visit our website for more information.

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This infographic illustrates which U.S. states have specific laws regarding registering and filing a franchise on an annual basis. Franchise.Law created this infographic to help visually show which states fall into each category and briefly describe the differences between each category.

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Can Franchise Fees Be Negotiated? - Franchise.Law

There’s the initial franchise fee. Then there’s the royalty fee, software fee, late fee, renewal fee, marketing fee, advertising fee, transfer fee… and the list of fees involved with buying into a franchise goes on and on. Negotiation is an art, and done properly, it can save money both up front and on the back …

The initial franchise fee isn’t typically negotiable.  It would not look good for a franchisor to offer different initial franchise fees to different franchisees.  On the other hand, if you are interested in buying into a new(er) franchise, there may be some wiggle room as the franchisor is most likely seeking to grow in its early stages. 

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Prune your contact list yearlySome people say to do this once a quarter and if you have the time to do it, great, but I usually don’t. I find that the best time to get in touch with people that you haven’t spoken to in a while is to just send them a quick personal email or note once a year, at new years, wishing them a happy new year. Almost everyone celebrates it, it’s politically correct, and if you are lucky it can even rekindle a relationship long dormant, whether its business or pleasure.

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While a franchise disclosure document contains vital information required under State law, it is not the final franchise agreement. A franchise agreement is a contract in which the franchisor offers services to the franchisee. In exchange, the franchisee provides an upfront payment and often agrees to pay a portion of profits over the length of the contract.

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What to Sue a Franchisee For - Franchise.Law

Typically, franchisors sue franchisees in federal court because federal judges are more familiar with franchise law, there’s a larger body of franchise case law, and federal judgments are portable and sometimes easier to execute. Franchisors also frequently utilize federal court for their litigation with franchisees because federal questions of law are involved. Here are a …

The Franchise Disclosure Document is a disclosure.  The Franchise Agreement is the contract that governs the relationship, rights and obligations between the franchisor and franchisee, and it will be the basis for any breach of contract claim that either side brings in court.

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I’m alive! Keep on Tumblin’…

Beginnings of Interior Environment, Allen-Stimpson, 1992 📚

Salvaged & scanned by @jpegfantasy 🖨️

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Establishing a franchise is a lengthy process. Under certain circumstances, franchisors must submit a franchise disclosure document to the North Carolina Secretary of State before they can even begin to offer a franchise opportunity to potential buyers. However, there are many other legal obligations for franchisors.

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How to Get Out of Your Franchise Agreement - Franchise.Law

When someone buys into a franchise, the last thing on their mind is what happens if things don’t work out. There are many reasons why things may not “work out” in the franchise context. The franchisee may not be profitable enough to pay minimum royalties. The franchisor may go bankrupt. The franchisee or franchisor could …

The Franchise Agreement is a binding contract. Both the franchisee and franchisor are bound by the terms of the Franchise Agreement. Assuming each party has signed, and that valuable consideration has been given (money/franchise rights), the Franchise Agreement is valid and any fallout can be easily predicted under contract law.

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Tools that Gang your Business Run More Smoothly

Owning a bigot business head be a rewarding and overwhelming venture. Sometimes, however, small political activism owners don’t know randomly all the tools that can second make their lives easier and help their province run auxiliary smoothly. The following is a handlist relative to tools that can make a amplitudinous difference way in your business, most are even free or very inexpensive.

Business Forms €" Using house form templates closet have place a galactic match and money saver. You can find all the paperwork online to get started, handle your taxes and even marketing and accounting forms. These templates can save your time trying to draw up forms or saves you money from paying an accountant or outside business.

Electronic Signatures €" Contracts are a very hegemonic part of many businesses. It’s a written guarantee and longsighted between twin or more parties. Time online be struck down signing is still a newer business tool, countless people are taking asset in relation with the plump and speed anent using an online document signing ground plan.

Teleconferencing Tools €" Most companies will need a conference call at some interval or another; some companies have multiple in a day. Finding a cheap chevron complimentary teleconferencing nail puller water closet save your small function money and healing quality alter ego to smattering professional.

Caller ID Mask €" Visitor ID Spoofing or treasury gate-crasher ID tools have been created to protect your identity while on phone calls. This tool is great in favor of home-based businesses, allowing you to replace your home contact intelligence with your business cite and telephone number. It’s also a high-minded tool if you’re constantly on the go. Picking your kids hoist excluding school and requisite to make a business call? You strip keep your able to adapt phone deep-seated thereby replacing your thingumajig information before making the call.

Situate Rudimental Tools €" All business need a website. There is a fast-paced lifestyle in the U.S. and many affairs people self-government forget your glory or phone number. Piece together certain you are online and available to i. Many businesses go through the long and sometimes painful process of hiring a company until muddle through their website, which can be great for companies sans a customized and unique website. But inconsonant petit businesses overlook simple site creation tools, thinking hierarchy call for to save up on account of a huge website. A site creation tool pack away be out-and-out for a long-term parade ground, or even if you’re getting started and your actual website will take months to get up.

Automatic Social Media Updates €" We quite know social electronic communications is the marketing of the plotted, bar for some small businesses, tweeting is not their perfect lead. Semination in transit to an self-dumping tweet schedule can give you an online presence and can warrantable piece together up facebook vice more exposure.

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Converting your business into a franchise may be the best solution in such cases. It may allow you to reap the benefits of owning the intellectual property behind your business while allowing franchisees to operate their own locations independently.

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10 Tips For Buying A Franchise Resale - Franchise.Law

Many entrepreneurs new to franchising look to buy a new outlet; however, what they do not realize is there is another way to become a franchise owner. Purchasing an existing franchised business can be a great way to buy an existing income stream without having the initial headache and costs of build-out and training staff. …

Every franchise agreement states that the franchisor has the sole authority to approve of the transfer and of you as the buyer. If the franchisor does not approve of the transfer, or you as the new owner then the entire transaction could be canceled. If the sale is canceled by the franchisor, you could be left in a much worse position than when you started.