Franchising

Dunlap, Grubb & Weaver has a robust Franchise & Distribution practice, representing the business, real estate and intellectual property needs of franchisors and franchisees in many industries.  Franchising, for both franchisors and franchisees, can be one of the most efficient and effective ways to achieve the American dream. However, the decision to franchise a business—or to purchase a franchise—should not be made lightly. It is a fundamental shift in the type of business you are probably used to undertaking.  For new franchisees, buying a franchise certainly can be filled with risks.

Understand the commitment you are undertaking and your rights and obligations as a franchisor or franchisee. Contact an experienced franchise lawyer at Dunlap, Grubb & Weaver today to discuss your plans for owning your own franchise, or for franchising your business.  The firm’s understanding of both sides of the franchising dynamic is different than most franchise law firms and has proven invaluable to franchisors and franchisees alike.  DGW’s extensive experience working with both allows the firm to see, plan, and take next steps based upon a broader understanding of franchise systems.

Importantly, DGW’s franchise clients also benefit from the firm’s extensive business, intellectual property, and real estate experience.

FOR FRANCHISORS

Making the Decision to Franchise Your Business
The decision to franchise your business is not easy and it's not for everyone. It will entail a huge shift in the nature of your day to day business. How do you know if it's right for your business?  At Dunlap, Grubb & Weaver, we help business owners understand various methods of business expansion and make informed choices when deciding to start a franchise.

We develop the legal documents for compliance with federal and state regulations and work with you as you expand your business. DGW prepares franchise offering circulars to comply with applicable federal, state, and international regulatory requirements and registers the offering with regulatory authorities. We also have substantial experience in drafting agreements and related documents for unit franchises, area development, subfranchises, area representation, franchise brokerage, international joint venture or master franchises, in assisting clients with ongoing compliance, including amendment and renewal of registration, transfer and termination, and in structuring in-house compliance programs.

Alternative Distribution Methods
Not all businesses are suited to franchising, and our lawyers are experienced in counseling clients on the legal ramifications of alternative distribution systems such as distributors, dealers, licensees, and lessees. Many distribution relationships are structured to minimize the risk that the system could be classified as a franchise. We advise clients involved in these alternative distribution systems on other legal issues of concern, including industry-specific licensing and dealer protection statutes.

Trademarks and Copyrights
Our Intellectual Property Law Group works with our Franchise & Distribution attorneys to advise the firm's franchise clients on trademark availability, registration of trademarks, trade secret protection, copyrighting proprietary material, software protection, and methods of enforcement against infringement.

Dispute Resolution
When necessary, DGW will work with its franchisor clients in franchise-related dispute resolution. This work includes points of contention related to area development, renewal and non-compete agreements, breach of contract, fraud, advertising/marketing funds misuse, and exclusivity encroachment between franchisees. As a result of its extensive experience representing both franchisors and franchisees, the firm can counsel its franchisor clients more effectively.

FOR FRANCHISEES

Buying a Franchise
Buying a franchise is a significant investment. Whether this is your first foray into franchising, or you have purchased a franchise before, it is important to understand the nature of franchising and the details of the business you are buying. The success or failure of a franchise often comes down to the information found in the franchise documents.  Do not risk your investment by signing them without an attorney's review.

Regardless of whether you intend to be a single unit or a multi-unit operator, DGW will work with you and provide valuable legal counsel in connection with the formation of operating business entities; acquiring and selling franchises; reviewing franchisor disclosures, lease negotiation, and more.

Dispute Resolution

DGW brings a unique perspective to franchise dispute resolution issues for its franchisee clients. Because of its experience in representing franchisors, the firm can anticipate the opposing party’s moves and thus can counsel its clients accordingly. When appropriate, the firm seeks resolution through arbitration or mediation rather than pursuing litigation.