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  • ON-DEMAND

Franchise 101: Disclosures, Agreements, and Compliance in Franchising (On-Demand)

General Credits:
Original Date Of Course:

$179.00

Course Description

This course will provide an overview of laws and regulations governing franchises, including federal and state disclosure requirements and state registration requirements. Additionally, this course will explore other laws affecting franchise systems, such as state relationship laws and business opportunity laws. Finally, the course will dive into typical franchise relationship structures and common elements of franchise and development agreements.

Principles

  • Franchise Disclosure Requirements – Understanding federal and state laws that mandate what franchisors must disclose to potential franchisees
  • Franchise Registration Requirements – Familiarity with states that require franchisors to register before offering or selling franchises
  • Franchise Relationship Laws – Exploration of state laws that govern the ongoing relationship between franchisors and franchisees
  • Business Opportunity Laws – Awareness of laws that may impact franchise systems if they meet the definition of a business opportunity
  • Franchise Agreement Structures – Examination of common terms and structures in franchise and development agreements

Syllabus

  1. History of Franchising
  2. Defining a Franchise
    • What constitutes a franchise under federal regulations?
    • How can the definition differ in some states?
  3. Overview of Laws Impacting Franchising
    • Laws specific to franchises
    • Other overlapping laws including intellectual property, anti-trust, non-competition, trade secrets, joint liability, and real estate
  4. Federal Requirements and the Franchise Disclosure Document
    • Contents of the Franchise Disclosure Document
    • Required time periods for delivering disclosures
    • Prohibited actions
  5. State Franchise Laws
  6. State Relationship Laws
  7. State Business Opportunity Laws
  8. Franchise Relationship Structures
    • Most common relationship structures
      • Single unit franchise agreements
      • Development agreement or multi-unit addendum
    • Other notable structures
      • Area Representative Agreements
      • Master Franchise Agreements
  9. Elements of a Franchise Agreement
  10. Elements of a Development Agreement

Credit Details

Course Type

Course Instructor

Cheryl Mullin, Esq., Erica Dotras, Esq.
Original Date Of Course

General Credits

1.5
Cheryl Mullin, Esq.
Cheryl Mullin, Esq.
Cheryl Mullin, Esq. is the founding partner of Mullin, P.C., where she advises commercial clients on franchising, joint ventures, acquisitions, and private investment, while also providing intellectual property protection and business transition planning services. She earned her J.D. from Widener University School of Law in 1995 and her LL.M. in Taxation from SMU Dedman School of Law in 2013.
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Erica Dotras, Esq.
Erica Dotras, Esq.
Erica Dotras, Esq. holds a J.D. from Texas A&M University School of Law, where she graduated with honors, along with a M.A. in Dispute Resolution and Conflict Management from Southern Methodist University and a B.A. in International Studies from the University of North Texas. She counsels commercial clients on franchise program development, intellectual property protection, regulatory compliance, and dispute resolution, while also assisting individuals with franchise evaluation and business formation, and maintaining a real estate practice focused on commercial leasing and purchase transactions.
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