Established franchisors require continuous and regular support from their legal counsel. Joseph Adler and HOFFER ADLER LLP can assist you by providing the following services:
- Legal Audit of existing franchise agreement, disclosure document (Ontario), sublease and other legal documentation. Joseph Adler and HOFFER ADLER LLP can add value to your documentation and help you address specific concerns regarding the franchise system.
- Providing you with a legal strategy for expanding your franchise system into Canada (from the U.S. and abroad), into the U.S. and internationally.
- Working together with franchise and business consultants and franchise savvy accountants.
- Acting as Acting as "in-house" counsel to your franchised operations.
Preparation of Franchise Documentation
Disclosure Document Revisions. As your franchise system expands, you will be required to revise your disclosure document to address the ongoing changes in your system.
Franchise Agreement and Leases. Your standard form agreement will occasionally require amendment to address the specific requirements of your prospective franchisees. You may also wish to enhance your franchise legal documentation by addressing additional areas of concern. Finally, if controlling the real estate is an element of your system, you will need to negotiate the terms and conditions of your real estate leases with your prospective landlords and we may assist you in that regard.
Personal Property Security Registrations. Many franchisors wish to obtain a personal property security interest in the assets of their franchisees. We can assist you to do so throughout Canada.
Franchise Sales and Assignments. Franchisors often find themselves selling corporate outlets to prospective franchisees or selling units that have been repurchased or terminated. In other occasions, existing franchisees will wish to transfer their outlets and franchisors will require legal advice and assistance to ensure that all legal matters relating to such transfers are attended to.
Other Corporate & Commercial Matters. When franchising your business, numerous general corporate and commercial matters will arise which require legal input and analysis. We can assist you by helping you devise your corporate organizational structure and by preparing shareholders agreements, sales agency agreements, management agreements, license agreements, purchase and sale agreements and various other related agreements.
Dealing With Problematic Franchisees
- Developing and implementing termination strategies.
- Considering mediation, arbitration and other alternative dispute resolution approaches to resolving disputes with your franchisees.
- Avoiding litigation with your franchisees.
- Exercising your rights under the PPSA.
- Auditing your franchisee's books and records.
- Establishing preventative procedures on the field.
- If necessary, conducting litigation to enforce your franchise agreements and protect your intellectual property and franchise system.
Expanding Your System
- Personal Property Security Registrations. Many franchisors obtain a personal property security interest in the assets of their franchisees. We can assist you to do so throughout Canada.
- Structuring the right expansion strategy for your needs: master franchise, area development, co-branding and joint venture agreements.
- Preparing the appropriate legal documentation in consultation with local counsel.
- Protecting your intellectual property abroad.
- Assisting you to comply with local franchising laws and other foreign legal requirements.
The "HOFFER ADLER LLP Franchise Tune-Up"
- Reviewing and updating of franchise documentation and disclosure document.
- Examining and addressing systemic defaults by franchisees.
- Maximizing your collection procedures, electronic funds transfer, liquidated damages provisions.
- Protecting your intellectual property on the Internet and other media.
- Preparing and implementing new operating manual policies in lieu of amending the franchise agreement.