Franchise

Our experienced franchise attorneys represent both franchisees and franchisors in transactional matters and dispute resolution. We advise franchise clients across a variety of industries, including health and fitness, beauty, hospitality, transportation, childcare, entertainment, restaurant, and real estate. Our attorneys are renowned for providing best-in-class legal services to regional and national franchise operators.

We provide legal counsel on franchising and licensing structuring, multi-unit franchises, master franchise arrangements, trademarks and IP, litigation and dispute resolution, and hospitality representation.

Everything we do is focused on preparing your franchise business for long-term success. Whether it’s navigating a potential lawsuit or supporting you through a multi-unit negotiation, our legal counsel is battle-tested, highly competent, and ready to help you realize your business objectives and goals.

Franchisees and Franchisee Associations

If you’re interested in becoming a franchisee, in a dispute with your franchisor, or considering a renewal of your franchise agreement, you need a skilled legal team in your corner.  The attorneys in the Franchise Group at A.Y. Strauss assist clients in navigating the ins and outs of franchising, licensing, non-compete agreements, and other agreements essential to the franchising structure. Our team can help review all documentation, identify opportunities, flag potential conflicts, and help in negotiations with your franchisor.

The Franchise Group at A.Y. Strauss can assist franchisees and franchisee associations with all relevant contracts and documentation, including:

• Reviewing franchise disclosure documents (“FDDs”) and franchise agreements
• Negotiating franchise agreements
• Supporting the acquisition and development of multi-unit or area development and master franchise agreements
• Negotiating renewals, termination agreements, non-compete agreements, and buy back/sell back agreements
• Reviewing leases, purchase agreements, and other ancillary documents for prospective franchisees
• Creating the appropriate corporate structure to operate the franchised business

Litigation and Dispute Resolution

When addressing disputes between franchisors and franchisees, you need a legal team experienced in the issues faced by both parties. Our team takes a proactive approach to addressing potential issues head-on, deploys effective negotiation tactics, and keeps the best interests of a client’s business at the forefront of all strategies.

The Franchise Group at A.Y. Strauss has experience representing both franchisees and franchisors in litigation, arbitration, and mediation throughout the United States in disputes relating to:

• Breach of contract, including:
  • Encroachment
  • System standards and modifications
  • Non-payment of royalties
  • Advertising and marketing fund issues
  • Site selection, training and support
  • Non-competition
• Fraud claims
• Non-renewal and termination of franchise agreements
• Trademark, trade dress, and intellectual property issues

Hospitality Representation

The hospitality industry is one largely built on a franchise model, with many hotels, restaurants, gyms, spas, and country clubs opening new locations under a common brand. Opening and operating an establishment as a franchise involves several moving parts, and trusted legal guidance is essential to successfully navigating each stage. From securing real estate to crafting an exit from the franchise agreement, the seasoned attorneys of the Franchise Group at A.Y. Strauss have represented hospitality business partners in all aspects of representation, including:

• Purchasing and financing new properties
• Contract and deal negotiation
• Litigation and dispute resolution
• Leasing contracts
• Assisting in refinancing loans