The Franchise Café provides full-service legal representation and advice for active and prospective franchisors. From development of the systems necessary to support a franchise system, to crafting the FDD and Operations Manual, to obtaining registrations and exemptions and maintaining a compliance portfolio, to dealing with internal matters and protecting the franchisor’s interests vis-à-vis franchisees and third-parties, The Franchise Café is available to guide franchisors every step of the way. We offer both à la carte serves and comprehensive prix fixe packages.
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For pricing, call The Franchise Café at 866.545.7859 or send us an email.
Course 1: Development of the Franchise Offering
Conferences and email communications to understand and develop franchise offering, comprehensive questionnaire to satisfy disclosure obligations
Drafting of the Franchise Disclosure Document (“FDD”), Franchise Agreement and other Agreements
Drafting of Subfranchisor and Regional Developer Agreements
Drafting and preparation of franchise Operations Manual; or, legal audit of existing Operations Manual for liability exposure and compatibility with FDD and Franchise Agreement
Guidance on financial disclosure requirements and Financial Performance Representations
Negotiation with prospective franchisees
Course 1: Development of the Franchise Offering
Drafting of the Franchise Disclosure Document (“FDD”), Franchise Agreement and other Agreements
Drafting of Subfranchisor and Regional Developer Agreements
Drafting and preparation of franchise Operations Manual; or, legal audit of existing Operations Manual for liability exposure and compatibility with FDD and Franchise Agreement
Guidance on financial disclosure requirements and Financial Performance Representations
Negotiation with prospective franchisees
Course 2: Registrations, Exemptions and Renewals
Annual state franchise registrations (and use of available exemptions for limited offerings)
Annual state exemption filings Updating FDD to reflect material changes, and filing of necessary amendments
Maintaining filing status records and ensuring timely preparation and filing of annual renewals
Timely commencement of the annual update and renewal process, communication with auditor to ensure financial disclosure compliance
Version control through Fabian, LLC’s secure Client Extranet
Course 2: Registrations, Exemptions and Renewals
Annual state exemption filings Updating FDD to reflect material changes, and filing of necessary amendments
Maintaining filing status records and ensuring timely preparation and filing of annual renewals
Timely commencement of the annual update and renewal process, communication with auditor to ensure financial disclosure compliance
Version control through Fabian, LLC’s secure Client Extranet
Course 3: Compliance and Internal Matters
Franchise sales training to avoid violations of disclosure laws
Website audit to ensure compliance with franchise offering guidelines
Annual on-site records reviews/compliance audits
Preparation of employee and independent contractor agreements
Development and enforcement of policies and procedures for: franchisee intranets, Internet advertising, social media use, quality control
Development of website Privacy Policies and Terms of Use
Course 3: Compliance and Internal Matters
Website audit to ensure compliance with franchise offering guidelines
Annual on-site records reviews/compliance audits
Preparation of employee and independent contractor agreements
Development and enforcement of policies and procedures for: franchisee intranets, Internet advertising, social media use, quality control
Development of website Privacy Policies and Terms of Use
Course 4: Enforcement; Promoting and Maintaining Franchisee Satisfaction
Search and social media trademark monitoring to ensure franchisees’ proper use of trademarks and identify possible third-party infringers
Legal guidance and assistance with: franchisee communications, control of franchisee input into system changes, intra-brand competitions, promotions and contests, franchise disputes, termination of defaulting franchisees, negotiation and administration of franchise renewals and transfers
Contract administration for Franchise Agreements, Regional Developer Agreements and Subfranchise Agreements
Course 4: Enforcement; Promoting and Maintaining Franchisee Satisfaction
Legal guidance and assistance with: franchisee communications, control of franchisee input into system changes, intra-brand competitions, promotions and contests, franchise disputes, termination of defaulting franchisees, negotiation and administration of franchise renewals and transfers
Contract administration for Franchise Agreements, Regional Developer Agreements and Subfranchise Agreements
Side Items: Intellectual Property Protection, Contract Drafting and Negotiation
Trademark clearance and registration
Trademark monitoring
Copyright Registration
Protection of trade secrets and confidential information
Drafting, review and negotiation of leases and supplier contracts
Drafting, review and negotiation of software license agreements
Legal entity formation and governance
Mergers and acquisitions
Side Items: Intellectual Property Protection, Contract Drafting and Negotiation
Trademark monitoring
Copyright Registration
Protection of trade secrets and confidential information
Drafting, review and negotiation of leases and supplier contracts
Drafting, review and negotiation of software license agreements
Legal entity formation and governance
Mergers and acquisitions
Prix Fixe: Flat-Rate Packaged Offerings
The Franchise Café offers a wide range of pre-packaged and customized flat-rate service offerings for new and established franchisors. Please feel free to contact us to discuss your specific needs.
The Franchise Café’s pre-packaged prix fixe options include the following:
- Basic New Franchisor Package: Development of the franchise disclosure document (“FDD”), franchise agreement and other documents necessary to offer franchises in the United States; prosecution of USPTO registration application for principal trademark; development or review of Operations Manual; filing and prosecution of state franchise registration and exemption applications; maintenance of registration/exemption portfolio; franchising documents maintained on secure client extranet.
- New Franchisor Plus Package: Basic New Franchisor Package, plus franchise sales training for key personnel, monitoring of franchisees’ use of trademarks and online advertising for compliance purposes, contract administration for franchise agreements (and regional development/subfranchise agreements, if applicable), and annual on-site records review/compliance audit.
- Ongoing Services for Existing Franchisors: Maintenance of franchise registration/exemption portfolio, annual and interim updates to FDD and franchise agreement (and regional development/subfranchise agreements, if applicable), filing and prosecution of new and renewal registration/exemption applications, contract administration for franchise agreements, annual on-site records review/compliance audit, franchising documents maintained on secure client extranet, and guidance in communicating with franchisees and implementing or updating policies/procedures.
- Internet-related Services for Franchisors: Development of customized Terms of Use and Privacy Policy for franchisor’s website, website audit to ensure compliance with franchise regulations, development of policies for franchisees’ (and employees’) use of social media and other Internet advertising, and monitoring and enforcement of intellectual property rights on the Internet.
- IP Protection Suite℠: An add-on to the other prix fixe options, the IP Protection Suite℠ is full-scale initial and ongoing protection for franchisors’ intellectual property portfolios. Services include trademark and copyright registration, portfolio maintenance, trademark and copyright monitoring, and enforcement of intellectual property rights against third parties. Price varies depending on the scope of the franchisor’s intellectual property portfolio.
- The Complete Menu: A comprehensive legal services package for franchisors that includes all of the services described above for a reasonable flat rate. Will typically involve an initial retainer deposit and flat monthly installments that will cover all legal services provided by The Franchise Café on an ongoing basis.
Prix Fixe: Flat-Rate Packaged Offerings
The Franchise Café’s pre-packaged prix fixe options include the following:
- Basic New Franchisor Package: Development of the franchise disclosure document (“FDD”), franchise agreement and other documents necessary to offer franchises in the United States; prosecution of USPTO registration application for principal trademark; development or review of Operations Manual; filing and prosecution of state franchise registration and exemption applications; maintenance of registration/exemption portfolio; franchising documents maintained on secure client extranet.
- New Franchisor Plus Package: Basic New Franchisor Package, plus franchise sales training for key personnel, monitoring of franchisees’ use of trademarks and online advertising for compliance purposes, contract administration for franchise agreements (and regional development/subfranchise agreements, if applicable), and annual on-site records review/compliance audit.
- Ongoing Services for Existing Franchisors: Maintenance of franchise registration/exemption portfolio, annual and interim updates to FDD and franchise agreement (and regional development/subfranchise agreements, if applicable), filing and prosecution of new and renewal registration/exemption applications, contract administration for franchise agreements, annual on-site records review/compliance audit, franchising documents maintained on secure client extranet, and guidance in communicating with franchisees and implementing or updating policies/procedures.
- Internet-related Services for Franchisors: Development of customized Terms of Use and Privacy Policy for franchisor’s website, website audit to ensure compliance with franchise regulations, development of policies for franchisees’ (and employees’) use of social media and other Internet advertising, and monitoring and enforcement of intellectual property rights on the Internet.
- IP Protection Suite℠: An add-on to the other prix fixe options, the IP Protection Suite℠ is full-scale initial and ongoing protection for franchisors’ intellectual property portfolios. Services include trademark and copyright registration, portfolio maintenance, trademark and copyright monitoring, and enforcement of intellectual property rights against third parties. Price varies depending on the scope of the franchisor’s intellectual property portfolio.
- The Complete Menu: A comprehensive legal services package for franchisors that includes all of the services described above for a reasonable flat rate. Will typically involve an initial retainer deposit and flat monthly installments that will cover all legal services provided by The Franchise Café on an ongoing basis.