Building A Successful Franchise

Duell | Law wants your franchise to reach its full potential by helping you build and establishing the right foundation. With our in-depth knowledge of every aspect of the constantly changing franchise equation, we will help you create a franchise that delivers customer satisfaction and generates consistent income to sustain your business for years to come.

Franchisor Services

Duell | Law has extensive experience in representing both new startup and established franchisors. Our firm provides a full range of franchisor services, representing single-concept and multi-brand franchisors operating nationally and internationally.

Our clients operate in a variety of industries, including:

  • Restaurant services.
  • Home maintenance and improvement.
  • Business services.
  • Technology.
  • Pet care.
  • Healthcare.
  • Professional services.

Existing Franchisors

Our firm conducts a comprehensive review of the franchisor’s current disclosure document and related agreements to:

  • Make certain the agreements are current and state of the art both legally and technically.
  • Ensure that the franchisor has complied with all state and federal regulations.
  • Create agreements that help insulate the franchisor from problems that often arise during the franchisor-franchisee relationship.

New Startup Franchisors

Our firm assists in:

  • Determining whether franchising is the proper method to further develop your business.
  • Creating a franchise program.
  • Preparing your franchise disclosure document (FDD) and other franchise-related agreements.
  • Filing disclosure documents for state registration where necessary.
  • Maintaining stable franchisor – franchisee relationships.

 Our Full Range of Legal Services for Franchisors

  • Preparation of Franchise Disclosure Document, Franchise Agreement, all associated Exhibits and where appropriate, preparation of the Area Development Agreement and Ancillary Agreements such an Employee Confidentiality and Non-Compete Agreements.
  • Registration and Renewal filing of FDDs in the 14 Registration States and 5 Pre-Sale Registration / Exemption States.
  • Franchise law compliance and the development of an in-house compliance program.
  • Negotiating and closing franchise sales.
  • Dissemination and tracking of FDDs, Franchise Agreements and associated Addenda to prospective Franchisees, ensuring documents are understood and properly executed.
  • Franchisor-franchisee relationship matters, including dispute avoidance and resolution.
  • Drafting any and all agreements such as Cure Agreements, Notice of Default, and Termination Agreements.
  • The best methods to protect and license trademarks, trade secrets and other intellectual property.
  • Methods to minimize legal and business risk exposure in connection with the franchise system.
  • The development of the optimal corporate structure for enabling the franchisor and its affiliates to separate their various streams of revenue from one another, thereby shielding valuable assets from possible litigation.
  • Dispute resolution, representing franchisors in mediations and arbitrations throughout the U.S.
  • Mergers and acquisitions.
  • Selling your franchise company.
  • Day-to-day business counseling.

International Franchising

At Duell | Law, we developed our experienced approach in matters of international franchising through years of practice serving franchisors in collaboration with attorneys and clients from around the globe. Our firm has gained an in-depth knowledge and perspective on international franchising not found at most franchise law firms — one that has enabled Duell | Law to help you take the next steps for successfully broadening your franchise system.

International franchising assistance we offer includes:

  • Assisting clients in complying with international laws relating to franchising outside of the U.S.
  • Negotiating, drafting and reviewing third-party agreements, including contracts with independent contractors, supply agreements, and employment confidentiality and non-compete agreements.
  • Developing the optimal corporate structure to enable the franchisor and its affiliates to separate their various streams of revenue from one another, thereby shielding valuable assets from possible litigation.
  • Counseling on a day-to-day basis regarding business operations.

Franchise Disclosure Documents (FDD) and Registration

The law governing franchise disclosure is complex and evolving, requiring the attention of a firm with proven experience. At Duell | Law, we assist startup and established franchisors nationwide in complying with federal and state franchise disclosure and registration requirements. The franchise rules of the Federal Trade Commission (FTC), as amended in 2007, requires franchisors to prepare and provide to prospective franchisees a franchise disclosure document (FDD) within a specified period of time before completing the sale of a franchise to that prospective franchisee.

Our firm’s legal team prepares FDDs as mandated by the FTC, including related agreements, to ensure that our clients have complied with all applicable state and federal franchise regulations, including various disclosure timing requirement.  Additionally we help ensure that our clients comply with other state laws which require franchisors to properly apply for exemptions from registration, such as Florida, Kentucky, Nebraska, Texas and Utah.

At Duell | Law, we take the burden of legal requirements off our clients so that you may focus on successfully growing your business and not worrying about violating federal or state laws.

Duell |Law Puts All the Pieces Together

Can Your Business Be Franchised?

To help you determine whether you can franchise your business, we help you analyze your business by looking at the following:

Do you have a successful business concept?

Prospective franchisees want to know that your franchise business concept has proven itself. Success can be measured in many different ways, including profitability, years of operation, number of units, operation size and brand strength.

Do you have a strong brand?

Franchising expands your business by granting franchisees a license to operate a franchise using your trade name, trademark and trade dress. Much of the value associated with purchasing a franchise is attributed to the strength of your brand.

Do you have a business concept that differentiates itself from other competitors? 

Ways to differentiate your business include offering unique products and/or services, offering products and services at reduced prices, offering higher quality products or services, targeting different markets or implementing a distinctive marketing strategy.

Do you have a system for teaching others how to operate your business?

In franchising, you should be teaching franchisees how to replicate the way you operate your business. The easier it is to teach your proven business methods to a franchisee, the quicker and more likely that franchisee will be able to duplicate your franchise’s success.

Do you have regional, national and/or international appeal?

By making your franchise more marketable across various geographic areas, you will increase its chances for success.

Do you have a strong management team in place?

Running a franchise system involves a different skill set than operating your current business. Can you transition from operating your unit(s) to developing staff members who are knowledgeable in training new franchisees, marketing and building brand awareness and creating a sales team to generate leads for potential franchisees as well as potential customers for the franchise system?

Call Duell | Law Today!

We take great pride in the level of personal service we can bring to your franchise legal matters. We want to learn more about you and help you determine if we can be of assistance. Please take a minute to talk with us about your concerns.  Whether you are currently a franchisor or starting a franchise, just call 205-408-3025 or fill out our contact form and see for yourself just how closely we engage ourselves in addressing the individual concerns of every client.