New York Franchise Lawyer

Addressing Franchise Law Matters Across New York State

Andrea A. Willis, our experienced franchise lawyer, is equipped to guide you through all stages of the franchise process, no matter your location within New York State. Whether you're a franchisor establishing a presence in Buffalo or a franchisee considering opportunities elsewhere, we offer comprehensive guidance and support for franchise law.

Our services encompass a wide range of functions and duties, including:

Our Services for Franchisors

Scale your brand and achieve sustainable success with the help of our dedicated New York franchise legal team. We understand the ins and outs of franchising in New York, and we're here to share our insights with you, from crafting ironclad franchise agreements to navigating regulatory compliance.

Our comprehensive services for franchisors include the following.

Franchise Agreement Planning

We can meticulously draft and review franchise agreements to ensure that they protect your brand standards, intellectual property, and long-term interests.

Disclosure Document (FDD) Preparation

We create accurate and compliant FDDs that meet New York's strict disclosure requirements, providing prospective franchisees with the information they need to make informed decisions.

Regulatory Compliance

Stay ahead of the curve with up-to-date guidance on New York's franchise regulations. We'll help make sure your franchise system aligns with key legal requirements.

Franchise Sales and Marketing Support

Our assistance with crafting compliant marketing materials and ensuring adherence to advertising regulations can help you develop a solid foundation for franchise sales.

Dispute Resolution and Litigation

Should conflicts arise, we'll represent your interests tenaciously in negotiations or litigation, protecting your brand and business at all costs.

‍

Our Services for Franchisees

Our experienced New York franchise attorneys excel at helping clients understand the complexities of franchise ownership. We empower franchisees by providing comprehensive legal guidance and agency, from reviewing agreements to resolving disputes.

Here are some of our essential services for franchisees.

Franchise Agreement Review and Negotiation

Don't settle for a one-sided deal. We can analyze franchise agreements to advise you of your rights and obligations before signing. We'll also negotiate on your behalf to secure the most favorable terms possible.

Pre-Franchise Disclosure Review

We'll thoroughly examine the Franchise Disclosure Document (FDD) to ensure that you have a clear understanding of the franchise system's financial considerations, risks, and potential rewards.

Explanation of Your Rights and Obligations

New York franchise law grants specific rights to and imposes certain obligations on franchisees. Our team can explain these in detail, empowering you to operate your business with confidence.

Employee Onboarding

Reduce new-hire paperwork and ensure regulatory compliance in New York. We'll help you create a smooth onboarding process that welcomes and prepares your employees for success.

Protection of Intellectual Property (IP)

Safeguard your valuable trade secrets, patents, and copyrights. As part of our duties, our team can help you identify valuable IP, establish ownership policies, and implement measures to prevent misuse.

Registering a Franchise in New York

Registering a franchise in New York demands careful attention to detail and compliance with state regulations. Attorney Andrea Willis is well-versed in the nuances of New York franchise law and can guide you through the registration process with efficiency and assurance.

Key Aspect of Franchise Registration

This helpful overview will give you a better idea of how the services Lawyer For Business offers can be indispensable when it comes to registering a franchise in New York.

Initial Assessment

To start, we’ll conduct a complete review of your franchise concept and business model to confirm that you’re ready for registration.

Document Preparation

Our team can assist in preparing all necessary documentation, including the Franchise Disclosure Document (FDD), tailored to meet New York's specific regulatory criteria.

Filing Process

We’ll oversee the filing process on your behalf, submitting the required documents to the appropriate regulatory authorities and meeting all relevant deadlines.

Compliance Assurance

With our comprehensive knowledge of New York franchise laws, we can provide ongoing advice to promote continued compliance with regulatory obligations post-registration.

Expedited Resolution

If any challenges or inquiries arise from regulatory authorities, we’ll act swiftly to address the issue and facilitate a timely resolution.

What Should Be Included in a Franchise Agreement According to New York Law?

While New York law doesn't prescribe a specific format for franchise agreements, certain elements must be in place for a relationship to be considered a franchise under the New York Franchise Sales Act (NYFSA).

Here are the general requirements:

• Franchise fee: The franchisee must make some kind of payment to the franchisor, either directly or indirectly, in exchange for the franchise rights.
• Marketing plan or trademark use: The franchisee gains the right to operate a business using the franchisor's marketing plan or system or their trademarks or branding.

New York only requires one of these elements, unlike federal franchise law, which requires both.

Beyond these core elements, a well-drafted franchise agreement should typically include:

• Territory granted to the franchisee
• Franchisee's rights and obligations regarding operations, advertising, and product sourcing
• Training and ongoing support provided by the franchisor
• Renewal terms and termination provisions
• Dispute-resolution procedures
• Intellectual property ownership rights
• Financial disclosures and royalty fees
• Compliance with applicable laws and regulations

This is not an exhaustive list. The specific terms of your agreement will vary depending on your unique business model.

To ensure that your franchise agreement is comprehensive and compliant, it's strongly recommended that you consult an experienced franchise attorney. They can verify that your agreement adheres to NYFSA requirements, protects your interests, and establishes a strong foundation for a successful franchise relationship.

Specific Disclosure Requirements for Franchises in New York

The disclosure requirements for franchises in New York are primarily governed by the New York Franchise Act (NYFA). Franchisors operating in New York must adhere to these regulations to ensure transparency and protect franchisees. The key disclosure requirements include:

Franchise Disclosure Document (FDD)

Franchisors must provide prospective franchisees with a comprehensive FDD at least 14 days before signing any agreements or accepting payments. The FDD contains essential information about the franchisor, the franchise system, the franchise agreement, and other relevant details.

Financial Statements

The FDD must include audited financial statements of the franchisor for the preceding fiscal year, along with other financial information, to provide insight into their financial health and stability.

Disclosures Regarding Litigation

Franchisors must disclose any past or pending litigation involving the franchisor or its officers, directors, or affiliates, as well as any litigation-related judgments or settlements.

Disclosures Regarding Initial and Ongoing Costs

Franchisors must disclose all initial and ongoing fees, expenses, and costs associated with establishing and operating the franchise, including royalties, advertising fees, and other financial obligations.

Territory and Renewal Rights

Franchisors must disclose any territorial rights granted to the franchisee, as well as any conditions or limitations on renewal or transfer of the franchise agreement.

Other Material Facts

The FDD must include any other material facts or information that could affect the prospective franchisee's decision to invest in the franchise.

Failure to comply with these disclosure requirements can result in legal consequences, including fines, penalties, and potential rescission of the franchise agreement.

Benefits of Partnering with Us

Effective franchise attorneys need certain skills and a wide knowledge base. The lawyers at Lawyer For Business have a thorough understanding of New York franchise law.

Don't explore your new franchising opportunity alone. Contact Lawyer For Business today to discuss your needs and set yourself up for a successful franchising experience wherever you happen to be in New York State.