Franchise + Distribution Law

your business

Guiding you through a detailed analysis of your current operations to determine whether franchising is a feasible expansion strategy.

To Franchise or Not to Franchise

  • Analyzing the rationale for expansion through franchising
  • Considering various alternative channels of distribution
  • Liaising with professional accountants with expertise in franchising and business and franchise consultant
  • Structuring your franchise system should you decide that franchising is the most appropriate method for expansion and delivery of your product or services.

Establishing A Franchise System

  • Structuring a franchise system
  • Establishing a disclosure compliance program
    Preparing legal franchise documentation [see below]
  • Examining franchise sales and lead generation techniques
  • Protecting your intellectual property: registering and protecting your trade-marks, patents and copyrights
  • Considering leasing strategies; controlling the franchise site by way of lease or sub-lease
  • Reviewing and preparing of lease documentation and negotiation of leases with landlord’s solicitors
  • Examining the impact of privacy laws on your franchised business
  • Considering competition law issue

Preparation of Franchise Documentation

  • Preparing the franchise agreement to best suit your franchised business
  • Preparing sublease, guarantee, construction, general security, deposit and application, software license and confidentiality agreements
  • Preparing disclosure documents for the Provinces of Ontario and Alberta
  • Considering the legal ramifications of providing projections or earnings claims to potential franchisees
  • Reviewing of promotional material to ensure consistency with representations made in the disclosure document
  • Ensuring that you obtain a security interest in the franchisee’s assets
  • Reviewing of operations and training manuals to ensure legal compliance

Key Contacts

We are Hoffer Adler LLP. Lawyers Focused on the Needs of Their Clients.

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