Reviewing Disclosure Statements
You’ve decided to start a business, but you don’t have the right experience, so you chose a franchise. You’ve talked with the franchisor and they’ve delivered to you a franchise disclosure statement that’s over a 100 pages long. We can review the entire document including the various franchise agreements and advise you about: costs, operations, whether the document is complete, obligations, licensing, leases, future funding, systems, training, etc. We provide you with our recommendations and advice on what you may be able to negotiate and how to negotiate. We report our findings to you in writing. Hire a lawyer to review these documents properly. Do not settle for just a translation.
We’ve represented many prospective franchisees including some of the biggest brands such as Tim Hortons, St. Louis Bar and Grill, and Pizza Pizza.
当你决定创业，但你又没有这方面经验的时候，你可以选择购买连锁经营的生意。在你已经和franchisor谈过后，他们会向你提交了一份长达100页左右的franchise disclosure statement。我们可以对包括各类特许经营协议在内的全套文件进行审阅，通常我们会查看成本、运营、文件是否完整、义务、授权、租赁、未来融资、系统、培训等几个方面。我们会以书面形式向你提供相关的法律建议，包括可能谈判的内容和谈判方式。为了让你的花费物有所值，你要了解律师必须使用正确的方法审核文件，不要单纯的请律师翻译。
我们已经代理了许多连锁经营生意，其中包括一些较大品牌，比如Tim Hortons，St. Louise, and Pizza Pizza。
Executing the Various Franchise Agreements
After receiving the disclosure statement, you’ve decided to proceed with the purchase of a franchise location. You’re negotiating and preparing to sign the various agreements such as the franchise agreement, the sublease, indemnities, etc. There’s still a lot of work to be done.
You will need to set up a corporation and structure it properly. You will likely have partners and you will likely need a shareholder agreement to anticipate and resolve future problems between you and your partner. We can help with this. Please see our Business Law section for more details.
For the franchise itself, we can make sure that the agreements presented to you by the franchisor are consistent with the disclosure document. We can review documents that may not have been available at the time of disclosure such as a head lease and advise you about your rights, potential surprises and any additional financial obligations contained in these documents. We will also advise you with respect to your relationship with other parties including: the franchisor, government authorities, your commercial lender, your employees, your suppliers, your customers and your landlord. We work hard to stay updated on franchise law. See our newsletters here.
对于连锁经营本身，我们可以确保franchisor所提供的合同与他们之前提供的Disclosure Statement是一致的。我们会查阅一些在已审核过的disclosure statement里没有包含的文件，比如lead lease。我们会就你的权利、可能的意外情况以及额外的财务义务等方面提供合适的法律建议。我们还会就你们与其他相关人员的关系，包括: franchisor，政府，贷款银行，雇员，供应商，客户和房东的关系提出法律建议。我们持续更新我们的法律知识。更多详情请见我们的法律新闻时讯。
Buying and Selling an Existing Franchised Business
You’ve been operating a franchised business and now you want to sell the business. We can help. Selling a franchise is complicated. We can help you deal with the franchisor. We can help you review the franchise agreement to make sure your transaction is structured appropriately. We can help you deal with your landlord. Hire a lawyer to make sure that you’ve covered all your bases. Be aware of your obligations and liabilities - some of which may not appear until after you complete your sale. Don’t be surprised and don’t allow yourself to be exposed to more liability than necessary.
We can help you purchase an existing franchise. We complete due diligence by completing necessary searches, reviewing the lease, reviewing the franchise agreement and reviewing all other material agreements. We can negotiate, review and draft the agreement of purchase and sale and prepare all closing documents. See “Buying and Selling Assets of a Business” in our Business Law section for more details.