If you are considering purchasing a business franchise, or if you have developed a business system for franchising opportunities, contact the Alpharetta, Georgia, law firm of Briskin, Cross & Sanford, LLC.
The firm’s attorneys offer extensive knowledge and experience, assisting both franchisees and franchisers. We represent clients throughout the Greater Atlanta area, including Fulton County and Cobb County. Our firm provides comprehensive business law services to clients throughout the region.
The Franchisee: Buying a Franchise Business
Many franchise operators are first-time business owners. Briskin, Cross & Sanford, LLC, counsels franchise buyers through the entire startup process, including business formation and consulting on employee matters, regulations, taxes and other business issues.
Our attorneys can also negotiate the terms of the franchise agreement. The franchisee must adhere strictly to terms of the contract regarding the product or service itself, as well as specifics about the use of the franchised name, signage and marketing materials.
Briskin, Cross & Sanford, LLC, has counseled clients in purchasing every type of franchise, including food service, retail, cleaning services, auto transmission shops and gas stations, real estate and publications. We will advise on any franchise opportunity you may be contemplating.
The Franchiser: Meeting All Requirements
Franchising a business can be rewarding and lucrative, but the franchiser must fulfill many requirements to show the business is legitimate and profitable.
As of July 1, 2008, the Federal Trade Commission requires each franchiser to provide a Franchise Disclosure Document (FDD). The FDD replaces the Uniform Franchise Offering Circular (UFOC), which previously was required. This document must describe in clear terms the franchise opportunity, the business and the owners of the franchising rights, and disclose all likely expenses incurred by a franchisee. The FDD must be updated annually (the franchiser may be fined $10,000 per day by the FTC if the FDD is not current).
Briskin, Cross & Sanford, LLC, assists clients in drafting and updating the UFOC. We also draft appropriate franchise agreements regarding use of the franchise name and logos, use of the business system, requirements and restrictions for marketing, and dictated procedures concerning the sale of the products or services pursuant to the franchise agreement.
For those who are not sure whether the business opportunity is a franchise, our firm provides counsel regarding relevant state and federal franchise laws, including the impact of the fairly obscure Georgia Sale of Business Opportunity Act, which functions in a manner similar, but not identical, to the FTC franchise regulations.