Franchising

Gallop, Johnson, & Neuman attorneys provide excellent, cost-effective legal assistance to both franchisors and franchisees in a variety of contexts.  Our lawyers counsel clients with a view toward developing solid business relationships between franchisors and franchisees that are mutually profitable.  Our expertise with the legal mechanics behind franchise relationships allows us to structure franchise transactions with a focus on long-term success.  We provide a full range of legal services to our franchise clients through cooperation with experienced attorneys in our related practices such as Environmental, Intellectual Property, Labor & Employment, Real Estate, Securities & Acquisitions, and Tax.  The expertise and services we offer include:

For Franchisees:

• Evaluating the risks and benefits of the purchase of a particular franchise;
• Reviewing the franchise agreement and Uniform Franchise Offering Circular with franchisee in order for franchisee to better understand the legal consequences of the provisions in these documents;
• Negotiating the franchise agreement and/or area development agreement, if applicable, on behalf of the franchisee;
• Evaluating the risks and benefits of the purchase of a particular franchise;
• Assistance with obtaining a location for the franchised business and complying with state and federal environmental regulations;
• Assistance with structuring the legal entity to own and operate the franchise with a view toward minimizing tax consequences and limiting liability to the individual owners; and
• If the targeted business is an existing franchise, assisting the client with the acquisition of the business, in addition to the franchise issues.

For Franchisors:

• Drafting all franchise agreements, including the franchise development agreements and cooperative advertising agreements;
• Preparing the Uniform Franchise Offering Circular in compliance with applicable federal and state laws and regulations;
• Registering the Franchise in states where required;
• Negotiating the franchise agreement on behalf of the franchisor;
• Selecting, registering, and protecting the franchisor's trademarks and other intellectual property; and
• Assistance in structuring the legal entity to offer and sell the franchises.