franchise attorney Archives | Franchise Dictionary Magazine

30 09, 2024

LEGAL: Is Your Business ‘Franchisable’?

Tatyana Stemkovski2024-09-30T14:20:07-04:00September 30th, 2024|Tags: franchisable business, franchise attorney, franchise law firm, Spadea Lignana|

As a franchise attorney who has launched hundreds of brands over the last decade, I get asked this question a lot by people exploring whether they want to franchise and those who have launched a brand but have struggled to get traction. There are key business attributes that make a business “franchisable”; however, the first question is more about the founder than the fundamentals of the business. Are you ready and able to be a good franchisor? By Tom Spadea

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1 09, 2024

Control Your Real Estate

Tatyana Stemkovski2024-09-01T00:10:52-04:00September 1st, 2024|Tags: franchise agreement, franchise attorney, franchise law firm, Spadea Lignana|

For franchisors with physical locations, understanding the importance of obtaining a fully executed conditional assignment of lease for every site is crucial. For new franchisors who may be unaware, a conditional assignment of lease is an agreement between the franchisee and the landlord of each location, for the franchisor’s benefit. By Tom Spadea

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31 07, 2024

LEGAL: Audited Financials

Tatyana Stemkovski2024-07-31T11:34:12-04:00July 31st, 2024|Tags: franchise attorney, franchise law firm, Legal, Spadea Lignana|

One of the biggest frustration points for new franchisors is the sticker shock in terms of dollars, time and headache when they learn that they need audited financial statements of their franchisor entity. By Tom Spadea

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30 06, 2024

LEGAL: Experience

Tatyana Stemkovski2024-06-30T17:26:18-04:00June 30th, 2024|Tags: franchise attorney, franchise law firm, Legal, Spadea Lignana|

It is so tempting for a franchisor to only tout what they do well, the good decisions they have made and the incredible systems they have built. Although it may sound counterintuitive, a big part of the value of experienced brands comes from all the things they didn’t do well over the years. Franchising works because new franchisees build their business on the shoulders of those who came before them. By Tom Spadea

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31 05, 2024

LEGAL: The Impact of the Corporate Transparency Act

Tatyana Stemkovski2024-05-31T16:15:14-04:00May 31st, 2024|Tags: Corporate Transparency Act, franchise attorney, Legal, Spadea Lignana|

The Corporate Transparency Act (CTA) has created an obligation for all businesses to file with the federal government information on who owns and controls every company currently in existence or to confirm they are exempt from filing. By Tom Spadea

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29 04, 2024

LEGAL: Measured Growth Wins

Tatyana Stemkovski2024-04-30T16:04:33-04:00April 29th, 2024|Tags: franchise attorney, franchise law firm, recruiting entrepreneurs, Spadea Lignana|

Most new franchisors spend a tremendous amount of time, money and energy on how to sign up the greatest number of franchisees in the shortest amount of time. Everyone wants to get into high gear right out of the gate. Starvation is one of the biggest fears and motivators for a new franchisor who has just spent months or even years and perhaps well over $100,000 to launch their franchise system. By Tom Spadea

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29 02, 2024

LEGAL: Create a Strong Brand Name

Tatyana Stemkovski2024-02-29T14:50:41-05:00February 29th, 2024|Tags: brand name, franchise attorney, franchise law firm, Spadea Lignana, trademark|

My partners and I have launched hundreds of new franchise systems over the years. One of the most difficult conversations we often must have with a new franchisor is telling them that they don’t have a protectable brand name, or that their brand name is owned by someone else. By Tom Spadea

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31 01, 2024

LEGAL: Area Representative Versus Master Franchise

Tatyana Stemkovski2024-01-31T22:41:34-05:00January 31st, 2024|Tags: Area Representative Agreement, franchise attorney, franchise law firms, Master Franchise Agreement|

Most people understand the basic single or multi-unit franchisee who signs a franchise agreement with a franchisor to operate the brand in one or more territories. The next step up in complexity is the Area Representative Agreement, commonly known as an ARA, and the Master Franchise Agreement. By Tom Spadea

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30 12, 2023

LEGAL: When Should You Start Your Brand Fund? TODAY!

Paul Zboichyk2023-12-30T19:39:42-05:00December 30th, 2023|Tags: franchise attorney, Franchise Law, Spadea Lignana|

As the old saying goes, ‘The best time to plant a tree was 20 years ago. The second best time is now.’ Many emerging and startup franchisors hold off on collecting their brand fund fees because they don’t have a plan for the money, and they are still getting used to being franchisors. Brands that put off collecting it when they start, struggle with the implementation of the brand fund on franchisees who have been in the system for years and have grown accustomed to not paying into the fund. It can become a very difficult and politically sensitive issue to start charging after years of never charging. By Tom Spadea

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29 11, 2023

LEGAL: Is Your Business ‘Franchisable’?

Paul Zboichyk2023-11-30T10:13:00-05:00November 29th, 2023|Tags: Financial Viability, franchise attorney, Franchise Locality, Spadea Lignana|

As a franchise attorney who has launched hundreds of brands over the last decade, I get asked this question a lot by people exploring whether they want to franchise and those who have launched a brand but have struggled to get traction. There are key business attributes that make a business “franchisable”, however, the first question is more about the founder than the fundamentals of the business. Are you ready and able to be a good franchisor? By Tom Spadea

(more…)