Franchise

Franchises offer entrepreneurs an opportunity to sell goods and services that have instant name recognition and as well obtain assistance with regards to training and support to succeed. To the Franchisor, it allows the ability to grow and expand a successful brand or concept in a structured way and still have control over the management of the business. However, like any investment, purchasing a franchise or starting a franchise is not a guarantee of success and requires proper guidance. Franchise Law is a specialty because it requires knowledge of a variety of areas of law such as trademark law, contracts, corporate law, securities law, state franchise regulations and anti-trust laws. As part of our full service business law offerings, Ardent has experienced Franchise Law Attorneys who specialize in the representation of both Franchisors and Franchisees in navigating successfully through the complex Franchise Laws all across the Nation. We routinely represent small to mid-size businesses that need assistance in forming and maintaining a franchise and also private entrepreneurs who need guidance in purchasing a franchise. We counsel Franchisors & Franchisees in the following matters:

  • We develop new franchise sales programs for franchisors, including preparation and review Uniform Franchise Offering Circulars (UFOC), franchise agreements and development agreements and registering the new program.
  • We file Trademark Applications and Obtain Necessary Trademark Protection
  • We draft Trade Secret Agreements to protect confidential know-how information
  • We file Patent Applications and Obtain Necessary Patent Protection
  • Due Diligence and Compliance Review of Franchise documents to ensure proper compliance with individual state franchise laws
  • We draft contracts for all purposes: confidentiality (nondisclosure) agreements, employment agreements, operating agreements, lease agreements, purchase agreements, sale agreements, financing agreements, settlement agreements, technology licenses and other agreements.
  • We file Copyright Applications and Obtain Necessary Copyright Protection
  • We form corporations necessary to protect the interests of both the franchisors and franchisees
  • We handle private placements and securities filings; we ensure compliance of franchises with applicable SEC Regulations
  • We deal with Franchise Disputes and represent both franchisors and franchisees in Franchise litigation including breach of contract; and disputes between Franchisors, Franchisees, dealers and distributors