Franchise and Distribution Law

Garcia & Milas, P.C.  represents franchisors and franchisees nationwide, as well as start-up companies and wholesale distributors.  Our experience with the franchise model from both the franchisor and franchisee perspective provides us with valuable knowledge and insight that we apply to the benefit of our clients.

Services for Start-Up & Exisiting Franchisors

We help our start-up clients evaluate whether a franchise system is a beneficial way to develop its business.  When appropriate, we assist our clients in structuring and developing franchise business programs, business entities, and related documents.  For start-up and existing franchisors, we prepare and register the Franchise Disclosure Documents (FDDs) and advise on legal compliance and regulatory matters.

Our firm provides a full range of services in all aspects of developing, registering, offering, restructuring, and expanding franchisor businesses.  Often, we take on the role of in-house counsel, providing day-to day business counseling, drafting various agreements, providing risk analysis, and assisting in real estate matters, such as property acquisition, leasing, and subleasing.

Our franchise attorneys routinely assist franchisors with litigation and alternative dispute resolution and have successfully litigated and defended numerous claims in state and federal courts, arbitrations, and mediations.

Services for Franchisees

Our practice includes representation of retail franchisees and master franchisees, including development agents and area developers. We represent fast-food and quick-service restaurant franchisees, as well as franchisees in other industries, including document destruction, tanning, travel, sports and fitness, furniture, and insurance. Much of this representation involves dispute resolution, including the prosecution and defense of claims in arbitration and in court.

Disputes we typically handle include compliance issues, royalty payment issues, other breach of contract disputes, inadequate, misleading or fraudulent disclosures, other violations of state or federal law, non-competition requirements, and terminations. Our clients often participate in negotiation and mediation and we strive to resolve disputes successfully and efficiently.

We regularly assist potential franchisees in the purchase of their franchises, whether they are buying from a franchisee or directly from the franchisor. We consult with our clients about Franchise Disclosure Documents including franchise agreements, usually while providing other commercial advice. When our clients wish to sell or transfer a franchise we draft and negotiate letters of intent, purchase and sale agreements and related agreements and work to secure approval from the franchisor. Our franchise and distribution practice reaches every aspect of the franchise and distribution relationship.

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