Motiva Business Law

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Florida

Tampa, Florida

Illinois

Oak Brook, Illinois

Tampa Franchise Lawyer

How a Lawyer Can Help With Your FDD and Franchise Agreement

Franchising offers a unique opportunity for entrepreneurs in Tampa to start a business with an established brand, proven business model, and ongoing support from the franchisor. 

Franchises in the United States must comply with the Federal Trade Commission (FTC)’s requirements for disclosures and documents. In addition, some states have additional registration documents. In Florida, franchisors are not required to file their franchise, but they do need to file a Franchise Exemption and renew annually with the Florida Department of Agriculture and Consumer Services.  

Franchisors need to otherwise comply with creating FTC-compliant Franchise Disclosure Documents (FDDs) and franchise agreements. Florida Franchisors must all allow a fourteen-day “cooling off period” for potential franchisees after providing the prospective franchisee the FDD and franchise agreement before accepting any non-refundable franchise fees or binding the franchisee.

Our franchise lawyers assist clients in Tampa, St. Petersburg, Clearwater, Brandon, Riverview, Palm Harbor, Pinellas Park, Plant City, New Port Richey, Largo, and the Greater Tampa Bay Area. With extensive experience in franchise law, we help franchisors and franchisees across various industries, including technology, hospitality, professional services, consulting, manufacturing, construction, business services, and transportation.

Motiva Business Law Offers

Legal Services for Franchisors and Franchisees

Our franchise attorneys provide a wide range of legal services to support franchisors and franchisees in Tampa, including:

  • Franchise agreement drafting and review
  • Franchise Disclosure Document (FDD) preparation
  • Franchise registration and compliance
  • Trademark protection and licensing
  • Franchise system development and expansion
  • Franchise dispute resolution and litigation
  • Franchise termination and non-renewal
  • Franchise transfer and resale

Our team works closely with clients to understand their unique needs and objectives, developing customized legal strategies to help them achieve their goals.

Franchise Agreement Drafting and Review

The franchise agreement is the foundation of the franchisor-franchisee relationship. Our franchise lawyers draft clear, comprehensive, and legally compliant franchise agreements that protect our clients’ interests and minimize the risk of disputes. We also review existing franchise agreements to identify potential issues and recommend improvements.

Franchise Disclosure Document (FDD) Preparation

The FDD is a critical legal document that franchisors must provide to prospective franchisees. Our attorneys prepare accurate and complete FDDs that comply with federal and state regulations, ensuring that franchisors meet their legal obligations and provide franchisees with the information they need to make informed decisions.

Franchise Dispute Resolution and Litigation

Despite best efforts, disputes can arise between franchisors and franchisees. Our franchise lawyers are skilled negotiators and litigators who work to resolve disputes efficiently and cost-effectively. We represent clients in mediation, arbitration, and litigation, advocating for their rights and interests.

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What Our Clients Say

Danya was a pleasure to work with. She was very professional, courteous, and had the expertise and knowledge to review our lease and franchise agreements. She gave great insight and recommendations on how we can protect ourselves and our business and to ensure the agreements were fair for both parties. I will be using her for future business law needs and highly recommend her to those looking for a business law expert.
Sadaf F.
Danya is just amazing, she execute my lease with one of the biggest property groups in US. she explained and changed the language to protect me. she makes you feel protected and comfortable. Highly recommended, she knows what she's doing 1000%. Thank you Danya 🙂
Amer G.
Danya is SO knowledgeable and is able to break down the law into very simple and understandable terms. She is amazing, and a huge asset to small businesses in the area. Make sure she's on YOUR side of the aisle! I highly recommend calling Danya and Motiva Business Law.
Kenny A.

Franchisor FAQ

A franchise is a business arrangement in which a franchisor grants a franchisee the right to use its brand, business model, and proprietary systems in exchange for an initial franchise fee and ongoing royalties.

The two primary legal documents in franchising are the Franchise Disclosure Document (FDD) and the franchise agreement. The FDD provides detailed information about the franchisor and the franchise system, while the franchise agreement outlines the rights and obligations of both parties.

A franchise lawyer can provide valuable guidance and support throughout the franchising process, from drafting and reviewing legal documents to advising on compliance issues and resolving disputes. They can help protect your interests and minimize legal risks.

A franchisor is the company that owns the brand, business model, and proprietary systems, and grants the right to use them to franchisees. A franchisee is an individual or entity that purchases the right to operate a franchise business using the franchisor’s brand and systems.

The duration of a franchise agreement can vary, but most agreements have an initial term of 5 to 10 years, with options to renew for additional terms. It is essential to carefully review the term provisions in the franchise agreement before signing.

While franchise agreements are typically presented as “take-it-or-leave-it” contracts, there may be some room for negotiation, particularly with newer or smaller franchisors, and depending on the terms being negotiated. An experienced franchise lawyer can help you identify potential areas for negotiation and advocate on your behalf.

The franchise agreement typically outlines the conditions and procedures for selling or transferring your franchise business. In most cases, you will need to obtain the franchisor’s approval and pay a transfer fee. A franchise lawyer can help you navigate the transfer process and ensure that you comply with the terms of the franchise agreement.

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