Introduction
Are you considering franchising as an option for starting a business? Are you interested
in growing an already successful business by franchising across the country? The
never ending business of franchising has become a big industry in Canada. In the
field of franchising, businesses vary immensely from fast food chains and restaurants,
to coffee shops, clothing retailers, hotels, grocery stores, gas stations, home
and garden retailers, and even senior care facilities.
At Opara Law PC we are dedicated to making your dream of starting and owning your
franchise come true. Opara Law PC franchising division is made up of a team of comprehensive professionals who have an extensive knowledge of franchising law as well as business,
intellectual property, copyright and trade-mark law.
Our professionals also have extensive experience acting on behalf of both franchisors
and franchisees in franchise default and termination situations including lease
terminations, realization on assets and security, receiverships, bankruptcy and
injunctions to enforce non-competition provisions of franchise license agreements,
among others.
Benefits of an Opara Law PC Franchise Agreement Lawyer
- Franchise Your Business.
- Purchase a Franchise.
- Dispute Resolution Services.
Assistance from an Opara Law PC Franchise Agreement Lawyer can help with negotiating
terms and conditions of a variety of contracts such as:
- Franchise Agreements
- Real Estate Leases
- LLC Operating Agreements
- Buy-Sell Agreements Among Business Owners
Creation of Franchise
Creating or owning your first franchise can be a frightful endeavor that doesn’t
occur instantaneously. Most individuals don’t know where to begin or what steps
they should take. Fortunately, here at Opara Law PC we do know the right steps. Opara Law PC represents franchisors, franchisees and other entrepreneurs at the first
stages of their quest to create and grow their business, and we continue to counsel
and represent them as they grow.
Some essentials steps you need to take when starting up your first franchise are
as follows;
- Create and/or Register your Trademarks
- Incorporate your Business
- Examine and outline the Financial Goals you wish to Establish for your Franchise
- Determine the Structuring of your Franchise(s)
- Analyze Employment Issues and Supplier Contracts
Types of Franchises
In any franchise there is a Franchisee and a Franchisor. The Franchisee is given
permission to the use the Franchisors’ trademarks. In doing so the Franchisor collects
a fee and has a significant amount of control in the operation and stake of the
business. We at Opara Law PC have assisted both Franchisees and Franchisors with
the preparation and counseling of franchise agreements and disclosure documents.
How do you know if you are ready to start your own franchise?
Owning a successful business that would profit from an expansion is definitely a
good starting point when considering franchising. Another key indication that your
business might be ready for franchising is if you have a clientele that inquires
about other locations, the possibility of other locations and/or if individuals
are inquiring about obtaining a franchise. Even after analyzing your business and
determining its suitableness for franchising, it is crucial that you proceed with
caution. It is imperative that you have a franchise lawyer take the necessary precautions
to protect your business and comply with franchise law regulations. Initially you
will need a franchise lawyer to prepare disclosure documents and franchise agreements,
both of which must correctly reflect your business and comply with franchise laws.
These beginning steps will create the underpinnings for your business and the success
of its franchise system.
At Opara Law PC we can provide you with all the necessary stability and guidance
needed to create your successful franchise.
Established/Mature Franchisor
Creating a Franchise is the first step, but it takes a dedicated owner and an effective
franchise lawyer to help maintain and guide it as it grows and prospers. The higher
the number of franchises you create, the greater the importance to manage and revise
according to your businesses needs. Majority of revisions will be done to disclosure
documents and franchise agreements. Opara Law PC can help design and utilize termination
strategies for any conflicts that may arise with franchisees. Opara Law PC can also
help you solve conflicts with franchisees by using mediation, arbitration, and other
ADR methods. Further, if you control real estate, our firm can help you arrange
lease terms with present and future landlords to ensure your rights are protected.
Investing your money into a franchise is a serious investment. It requires a great
deal of deliberation and dedication even for an experienced entrepreneur. Owning
a franchise is significantly different than owning your own non-franchise business.
Investing your hard earned money in an experienced franchise lawyer is the best
way to protect yourself. At Opara Law PC we will help you understand the Franchise
Agreement and Franchise Disclosure documents. It is crucial that you clearly comprehend
these documents before you obligate yourself to them as they are intended to benefit
the franchisor. Opara Law PC will not only help you understand these documents,
but we will also assist you in amending them to add additional rights to you as
a franchisee which will benefit and protect you and your new investment.
Cross Border & International Franchising
At Opara Law PC we can help foreign companies expand and establish their franchises
in the Canadian market and vice versa. Canadian franchising laws are slightly less
restrictive, but none the less they require the attention of an experienced franchising
lawyer.
Opara Law PC can help your company enter a foreign market through the following
ways:
- Establish Entry
- Assist in breaking down and organizing tax issues
- Clarify Competition laws
- Protect your trade-mark and intellectual property
- Ensure your franchise is compliant with privacy legislation
- Ensure your franchise is compliant with Canadian Franchising law
In order to succeed in the Canadian market and aboard your business needs a franchising
lawyer who is competent and understands the importance of diligence. Opara Law PC
can offer all of the above.