Indiana Franchise Lawyers
Indianapolis attorney Donald F. Foley has assisted businesses in evaluating the use of franchising to develop and expand their business for the past 40 years.
Legal Services for Franchisors:
Foley & Abbott's franschise law representation includes representing national and international franchisors, as well as regional and local franchise businesses. The question of whether business should be expanded utilizing franchise distributor networks and other such approaches will be carefully evaluated with you. Foley & Abbott’s attorneys are experienced in sorting through the pluses and minuses of franchising your business to see that it conforms with the Indiana Franchise Disclosure Act, as well as the Indiana Deceptive Practices Acts.
Legal Services for Franchisees:
We assist individuals and businesses in review of Franchise Offering Circulars, as well as Franchise Agreements, Licensing Agreements, Leases and intellectual property rights that are a part of considering purchasing a new franchise or purchasing an existing franchised business location. Such decisions require the advice of experienced counsel for the purchase and operation of a franchise business. We assist our clients in developing a business plan, including evaluation of the support provided by the franchisor, control of real estate and evaluation of lease terms and options for renewal.
Franchise Agreements:
Franchise agreements generally include the following areas we have assisted our clients in:
- Review of market and demographics
- Franchisor assisted advertising
- Franchisor assisted marketing
- Requirement of the purchase of equipment or inventory
- Application of Indiana’s Franchise Disclosure Act
- Application of Indiana’s Franchise Deceptive Practices Act
- Intellectual property law
- Contract law
- Trade secret law
- Authority of the Indiana Securities Commissioner over franchises
- Cease and desist orders
- Litigation
- Arbitration
- Mediation
- Restrictions on legal remedies for franchisees
- Covenants not to compete
- Non-solicitation agreement
The scope of Foley & Abbott’s franchising and distribution of legal services include:
- Reading and preparing Franchise Agreements, sub-franchising agreements and cooperative advertising agreements
- Preparing franchise disclosure documents in compliance with Indiana and other applicable law. Representing franchisors/franchisees in regard to compliance hearings with the Indiana Securities Commissioner or other state Securities Commissioners
- Assisting with Franchisor/Franchisee relationship issues, including operation, enforcement terminations, renewals, etc
- Representing franchisor clients in mediation, arbitration, court trials and private trials
- Filing suit in regard to enforcement of Franchise Agreement
- Defending suits against franchisors
- Filing suit on behalf of franchisees
- Representation in the acquisition or sale of franchise territories
- UFOC development
- Franchise feasibility evaluation
- Franchise system development
- Franchise state regulation
- Mediation, arbitration, court trials
- Franchisor/franchisee litigation
- Repurchase negotiations
- Lease negotiations and reviews
- Franchisee collective bargaining
- Franchisee agreement termination
- Franchise deals
