Brentwood, Franklin and Middle Tennessee Franchise Attorneys
If you are a franchisor, franchisee, or are considering entering into any kind of franchise agreement, you need advice from an experienced business attorney who understands your business operations and goals. The highly skilled and experienced attorneys at Papa & Roberts can not only advise you regarding franchising your business, staying in compliance as a franchise and also, if you are a potential franchisee, prior to the signing of a franchise agreement. The highly skilled attorneys and conflict resolution experts at Papa & Roberts can also assist with any disputes that may arise between the franchisor and the franchisee or with vendors, whether that be through negotiation, litigation, mediation or arbitration. Our attorneys will serve as trusted advisors, providing guidance on the day-to-day issues of running a franchise business, including lease and construction issues, contract preparation and review and business compliance and licensing issues, employment issues and much, much more.
A franchise relationship has several specific characteristics, including shared trademark and intellectual property agreements, detailed commitments regarding business operation details, and franchise fee and royalty structures. First, regarding the use of trademarks, or service marks, and other intellectual property of the franchise, under which the franchisee markets and sells goods or services, there are specific standards required by the franchisor and which the franchisee must understand and follow closely. With regard to the control or assistance with the methods of operation, franchisees need to understand and carefully consider these various dynamics set forth in any franchise agreement so as to best succeed using the franchised business model and stay in compliance with the franchisor. Likewise, the franchise agreement should carefully outline the duties and obligations of not only the franchisee but also the franchisor, including how they are committed to supporting the success of the franchisee in the franchised business model. Finally, with regard to the fees and royalties paid by the franchisee to the franchisor, it is imperative that franchisees comply with all reporting and payment requirements set forth under their franchise agreement.
These are conditions of both obtaining and maintaining the franchise business. Whenever you enter an agreement with another organization, whether or not you call your relationship a franchise, if it meets these three characteristics, it could be a franchise. It is crucial that you seek advice from an experienced attorney who can ensure that you are meeting all of the state and federal requirements with regard to your franchise agreement and to advise you on issues related to franchise disputes.
The experienced attorneys at Papa & Roberts can help guide you through your franchise questions and issues. To schedule an appointment about your potential franchise business or your current franchise agreement, contact Papa & Roberts today for all your franchise law needs.
In an established franchising relationship, issues can arise in the day-to-day operations of the business, including:
- Franchise transfers
- Enforcing contracts
- Franchise territory disputes
- Collecting royalties and collections in general
- Franchise agreement amendments
- Vendor dispute resolution
- Notices of default
- Operational policies
Many legal issues that arise in franchising are well-suited for mediation or arbitration. Founding member of Papa & Roberts, PLLC, Attorney Leigh Ann Roberts is an experienced and highly skilled Rule 31 civil mediator as well as seasoned arbitrator. Attorney Roberts is a distinguished member of numerous national panels that provide arbitrators and mediators for franchise and other commercial disputes. Contact our office today to find out more about these possible solutions to your franchise dispute.
In addition to traditional legal services, at Papa & Roberts, PLLC, we also offer a simple fixed-rate monthly retainer package to cover the ongoing legal issues your franchise business will face. With our Custom Counsel program, you won't have to worry about unexpected costs or speaking with a different representative who does not understand you and your franchise operations each time you call. We offer a customized solution to fit the needs of your franchise business that enables you to build a relationship with a specific attorney who understands your unique franchise, operations and goals.
Contact Papa & Roberts today to discuss your Custom Counsel package.