kirton mcconkie: franchising faqs - kmclaw.com mcconkie: franchising faqs there are individual state...

Kirton McConkie: Franchising FAQs

With the right concept, fsolid franchise concept hinges on several factors and requires knowledgeable attThe upfront strategies you put in place will affect your business and your personal success formany years to come. It’s worth the time and diligence to do it right.

The franchise attorneys at Kirtonwhen abusiness. Often franchising comes to mind, but there are other business structureslicensing, distribution agreements

Consult an attorney specializing in franchising to help you navigate the process from start tofinish, including insights into initial business concept strategies, franchise basics, intellectualproperty protection, franchisor/fcompliance issues.

A franchise is a business model a company uses to distribute its products or services throughthirdoperations and marketing and provides trademarked products or services.

In exchange, the thirdroyalties. In essence, the franchisor grants thebusiness name.

There are three main elements the Federal Trade Commission (FTC) uses to define a franchise:

The more a franchisee relies on the franchisor’s control or assistance, the more likely the FTCwill find the control significant, which means the franchisor must comply with franchisingregulations.





A franchise is a business model a company uses to distribute its products or services throughthird-operations and marketing and provides trademarked products or services.



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areas such as, but not limited to, the franchisee’s business organization, management,marketing plan, promotional activities or business affairs.

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business. Often franchising comes to mind, but there are other business structureslicensing, distribution agreements


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The seller promises to provide a trademark or other commercial symbol.The seller promises to eareas such as, but not limited to, the franchisee’s business organization, management,marketing plan, promotional activities or business affairs.The seller requires payment (














About Franchising and Other Business Models










The more a franchisee relies on the franchisor’s control or assistance, the more likely the FTCwill find the control significant, which means the franchisor must comply with franchising




The franchise attorneys at Kirtonowner or





In exchange, the thirdroyalties. In essence, the franchisor grants the









Consult an attorney specializing in franchising to help you navigate the process from start tofinish, including insights into initial business concept strategies, franchise basics, intellectualproperty protection, franchisor/f



In exchange, the third-royalties. In essence, the franchisor grants the






With the right concept, franchisingsolid franchise concept hinges on several factors and requires knowledgeable attThe upfront strategies you put in place will affect your business and your personal success formany years to come. It’s worth the time and diligence to do it right.






-party, or franchisee, pays the franchisor an initial fee and ongoingroyalties. In essence, the franchisor grants the






ranchisingsolid franchise concept hinges on several factors and requires knowledgeable attThe upfront strategies you put in place will affect your business and your personal success formany years to come. It’s worth the time and diligence to do it right.

The franchise attorneys at Kirtonowner or a company’s





party, or franchisee, pays the franchisor an initial fee and ongoingroyalties. In essence, the franchisor grants the





Frequently Asked QuestionsAbout Franchising and Other Business Models


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The franchise attorneys at Kirtona company’s


Consult an attorney specializing in franchising to help you navigate the process from start tofinish, including insights into initial business concept strategies, franchise basics, intellectualproperty protection, franchisor/franchisee relationship structure and direction on state and federal





The seller promises to provide a trademark or other commercial symbol.The seller promises to exercise significant control or provide significant assistanceareas such as, but not limited to, the franchisee’s business organization, management,marketing plan, promotional activities or business affairs.The seller requires payment (




ranchising can besolid franchise concept hinges on several factors and requires knowledgeable attThe upfront strategies you put in place will affect your business and your personal success formany years to come. It’s worth the time and diligence to do it right.

The franchise attorneys at Kirton McConkie have outlined questions tha company’s

business. Often franchising comes to mind, but there are other business structureslicensing, distribution agreements, direct sales

Consult an attorney specializing in franchising to help you navigate the process from start tofinish, including insights into initial business concept strategies, franchise basics, intellectual

ranchisee relationship structure and direction on state and federal





The seller promises to provide a trademark or other commercial symbol.xercise significant control or provide significant assistance

areas such as, but not limited to, the franchisee’s business organization, management,marketing plan, promotional activities or business affairs.The seller requires payment (




can besolid franchise concept hinges on several factors and requires knowledgeable attThe upfront strategies you put in place will affect your business and your personal success formany years to come. It’s worth the time and diligence to do it right.

McConkie have outlined questions tha company’s

business. Often franchising comes to mind, but there are other business structures, direct sales








areas such as, but not limited to, the franchisee’s business organization, management,marketing plan, promotional activities or business affairs.The seller requires payment (at least




can besolid franchise concept hinges on several factors and requires knowledgeable attThe upfront strategies you put in place will affect your business and your personal success formany years to come. It’s worth the time and diligence to do it right.

McConkie have outlined questions tha company’s senior management is contemplating ways to expand










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can be an excellent way to grow a business.solid franchise concept hinges on several factors and requires knowledgeable attThe upfront strategies you put in place will affect your business and your personal success formany years to come. It’s worth the time and diligence to do it right.

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an excellent way to grow a business.solid franchise concept hinges on several factors and requires knowledgeable attThe upfront strategies you put in place will affect your business and your personal success formany years to come. It’s worth the time and diligence to do it right.


business. Often franchising comes to mind, but there are other business structures, direct sales and





party, or franchisee, pays the franchisor an initial fee and ongoingroyalties. In essence, the franchisor grants the franchisee the right to operate under the franchised




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hotels.



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when determining



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To understand and, more importantly, comply with all the laws related to your franchiseneed a legal advisor who specializes in franchise law.offer insights and guidance from the fundamentals of franchising to the complexities ofcompliance.

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Yes, there are alternatives to franchising, depending onconcepts may be better suited

The franchise attorneys at Kirton & McConkie can help you navigate these alternatives to createa structure that will help your

Certain states allow for exemptions to franchise laws if the franchisor only plans to open one ortwo locations within a specified time period (usually one or twogrowth, we do not recommend availing yourself of these exemptions. The franchise attorneys atKirton & McConkie can assist you in determining whether these limited exemptions are right foryou.

As themodel. These include the upfront franchise fee and royalty fees you’ll charge, the term of thefranchise agreement, t

You should structure your upfront fee to cover such items as initial training, legal expenses andinitial supplies. Your ongoing royalty fee should be enough to coverongoing

Seriously consider thelawyer on different payment scenariospercentmillions in lost revenue.

The fees you charge must cover the basics and, of callowing franchisees




Certain states allow for exemptions to franchise laws if the franchisor only plans to open one ortwo locations within a specified time period (usually one or twogrowth, we do not recommend availing yourself of these exemptions. The franchise attorneys atKirton & McConkie can assist you in determining whether these limited exemptions are right foryou.

As themodel. These include the upfront franchise fee and royalty fees you’ll charge, the term of thefranchise agreement, t







Certain states allow for exemptions to franchise laws if the franchisor only plans to open one ortwo locations within a specified time period (usually one or twogrowth, we do not recommend availing yourself of these exemptions. The franchise attorneys atKirton & McConkie can assist you in determining whether these limited exemptions are right for

As the legal paperwork gets underway, there are decisions you need to make about your businessmodel. These include the upfront franchise fee and royalty fees you’ll charge, the term of thefranchise agreement, t








legal paperwork gets underway, there are decisions you need to make about your businessmodel. These include the upfront franchise fee and royalty fees you’ll charge, the term of thefranchise agreement, t

You should structure your upfront fee to cover such items as initial training, legal expenses andinitial supplies. Your ongoing royalty fee should be enough to coverongoing franchisee

Seriously consider thelawyer on different payment scenariospercent royaltymillions in lost revenue.







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franchisee management, legal costs, continuing support, and your profit.



The fees you charge must cover the basics and, of callowing franchisees to prosper.





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he territory size



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Yes, there are alternatives to franchising, depending onconcepts may be better suited to

The franchise attorneys at Kirton & McConkie can help you navigate these alternatives to createa structure that will help your business thrive.



he territory size



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Yes, there are alternatives to franchising, depending onto corporate ownership, direct sales or limited licensing

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you choose. While the difference between










you choose and seek counsel from an experienced franchise. While the difference between

may seem inconsequential at the beginning









and seek counsel from an experienced franchise. While the difference between

at the beginning



The franchise attorneys at Kirton & McConkie can help you navigate these alternatives to create







at the beginning










at the beginning

The fees you charge must cover the basics and, of course, deliver a healthy profit, while still

Yes, there are alternatives to franchising, depending on your business concept. Some businesscorporate ownership, direct sales or limited licensing








at the beginning

ourse, deliver a healthy profit, while still

your business concept. Some businesscorporate ownership, direct sales or limited licensing








at the beginning, over the years it can result in










, over the years it can result in




Certain states allow for exemptions to franchise laws if the franchisor only plans to open one ortwo locations within a specified time period (usually one or two years). If your plan is aggressivegrowth, we do not recommend availing yourself of these exemptions. The franchise attorneys atKirton & McConkie can assist you in determining whether these limited exemptions are right for










Certain states allow for exemptions to franchise laws if the franchisor only plans to open one oryears). If your plan is aggressive

growth, we do not recommend availing yourself of these exemptions. The franchise attorneys atKirton & McConkie can assist you in determining whether these limited exemptions are right for














You should structure your upfront fee to cover such items as initial training, legal expenses andinitial supplies. Your ongoing royalty fee should be enough to cover the cost of off


and seek counsel from an experienced franchise. While the difference between a









You should structure your upfront fee to cover such items as initial training, legal expenses andthe cost of off


and seek counsel from an experienced franchisea four percent and five








and number of units allowed within a



and seek counsel from an experienced franchiseour percent and five








a geographical area.











geographical area.











geographical area.

You should structure your upfront fee to cover such items as initial training, legal expenses andthe cost of office expenses,




your business concept. Some businesscorporate ownership, direct sales or limited licensing.





geographical area.

You should structure your upfront fee to cover such items as initial training, legal expenses andice expenses,




your business concept. Some business





geographical area.










geographical area.









geographical area.





legal paperwork gets underway, there are decisions you need to make about your business



The intellectual property for your business is comprised of the uniquename and other elementscalling upon trade or service mark, copyright,to expand outside the United States, you’ll have to consider all of this on an international basis.

Seeking the counsel of an experiencedbusiness and your brand. Take thisfriends, family or business acquaintances.

Thefor your brandare essential. By the time you structure your franchise concept, get tdocumentationamount of time, energy and money. You can’t afford to skimp on support services.franchisees expect initial and ongoing training in eroyalty payments.

The support you provide and the training you implement will instillthe unit level and will create uniform methods of service. Customersexpec

Some countries have adopted U.S.protection laws to regulate franchises. In either cawhichthe world and are happy to help structure your international, as well as your domestic,operations.




The more resources you provide franchisees to enhance their successfor your brandare essential. By the time you structure your franchise concept, get tdocumentationamount of time, energy and money. You can’t afford to skimp on support services.franchisees expect initial and ongoing training in eroyalty payments.

The support you provide and the training you implement will instillthe unit level and will create uniform methods of service. Customersexpec

Some countries have adopted U.S.protection laws to regulate franchises. In either cawhichthe world and are happy to help structure your international, as well as your domestic,operations.




more resources you provide franchisees to enhance their successfor your brandare essential. By the time you structure your franchise concept, get tdocumentationamount of time, energy and money. You can’t afford to skimp on support services.franchisees expect initial and ongoing training in eroyalty payments.

The support you provide and the training you implement will instillthe unit level and will create uniform methods of service. Customersexpectations

Some countries have adopted U.S.protection laws to regulate franchises. In either cawhich you must comply.the world and are happy to help structure your international, as well as your domestic,operations.





The support you provide and the training you implement will instillthe unit level and will create uniform methods of service. Customers

tations

Some countries have adopted U.S.protection laws to regulate franchises. In either ca

you must comply.the world and are happy to help structure your international, as well as your domestic,operations.






tations and experiences, regardless of the franchisee unit they visit.


you must comply.the world and are happy to help structure your international, as well as your domestic,operations.




more resources you provide franchisees to enhance their successfor your brand, the more success you will realize.are essential. By the time you structure your franchise concept, get tdocumentation draftedamount of time, energy and money. You can’t afford to skimp on support services.franchisees expect initial and ongoing training in eroyalty payments.


and experiences, regardless of the franchisee unit they visit.


you must comply.the world and are happy to help structure your international, as well as your domestic,




more resources you provide franchisees to enhance their success, the more success you will realize.

are essential. By the time you structure your franchise concept, get tdrafted

amount of time, energy and money. You can’t afford to skimp on support services.franchisees expect initial and ongoing training in eroyalty payments.









are essential. By the time you structure your franchise concept, get tdrafted

amount of time, energy and money. You can’t afford to skimp on support services.franchisees expect initial and ongoing training in e









are essential. By the time you structure your franchise concept, get tdrafted and filed and sell to franchise







The intellectual property for your business is comprised of the uniquename and other elements, which will all needcalling upon trade or service mark, copyright,to expand outside the United States, you’ll have to consider all of this on an international basis.



are essential. By the time you structure your franchise concept, get tand filed and sell to franchise





you must comply. Kirton & McConkiethe world and are happy to help structure your international, as well as your domestic,


The intellectual property for your business is comprised of the unique, which will all need

calling upon trade or service mark, copyright,to expand outside the United States, you’ll have to consider all of this on an international basis.








Kirton & McConkiethe world and are happy to help structure your international, as well as your domestic,















Seeking the counsel of an experiencedbusiness and your brand. Take this precautionfriends, family or business acquaintances.






Some countries have adopted U.S.-type regulations and others rely on general consumerprotection laws to regulate franchises. In either ca





Seeking the counsel of an experienced franchise law attorney is the best way to protect yourprecaution

friends, family or business acquaintances.






type regulations and others rely on general consumerprotection laws to regulate franchises. In either ca





franchise law attorney is the best way to protect yourprecaution











franchise law attorney is the best way to protect yourprecaution









The intellectual property for your business is comprised of the unique, which will all need legal

calling upon trade or service mark, copyright, patent,to expand outside the United States, you’ll have to consider all of this on an international basis.

franchise law attorney is the best way to protect yourprecaution before you introduce the idea of franchising to







Kirton & McConkie attorneys havethe world and are happy to help structure your international, as well as your domestic,

The intellectual property for your business is comprised of the uniquelegalpatent,

to expand outside the United States, you’ll have to consider all of this on an international basis.

franchise law attorney is the best way to protect yourbefore you introduce the idea of franchising to

more resources you provide franchisees to enhance their success, the more success you will realize. Delivering c





type regulations and others rely on general consumerprotection laws to regulate franchises. In either case, there are

attorneys havethe world and are happy to help structure your international, as well as your domestic,

The intellectual property for your business is comprised of the uniquelegal protectpatent,

to expand outside the United States, you’ll have to consider all of this on an international basis.


more resources you provide franchisees to enhance their successDelivering c

are essential. By the time you structure your franchise concept, get tand filed and sell to franchisee

amount of time, energy and money. You can’t afford to skimp on support services.franchisees expect initial and ongoing training in exchange for their upfront fees and continuing



type regulations and others rely on general consumerse, there are


The intellectual property for your business is comprised of the uniqueprotect

patent, trade dress, or trade secret laws. If you planto expand outside the United States, you’ll have to consider all of this on an international basis.



are essential. By the time you structure your franchise concept, get tes, you will have invested a substantial

amount of time, energy and money. You can’t afford to skimp on support services.xchange for their upfront fees and continuing





The intellectual property for your business is comprised of the uniqueprotection. The most powerfu

trade dress, or trade secret laws. If you planto expand outside the United States, you’ll have to consider all of this on an international basis.



are essential. By the time you structure your franchise concept, get ts, you will have invested a substantial






The intellectual property for your business is comprised of the uniqueion. The most powerfu









attorneys have extensive experience throughoutthe world and are happy to help structure your international, as well as your domestic,




more resources you provide franchisees to enhance their successDelivering comprehensive suppor





type regulations and others rely on general consumerse, there are country

extensive experience throughoutthe world and are happy to help structure your international, as well as your domestic,




more resources you provide franchisees to enhance their successomprehensive suppor





type regulations and others rely on general consumercountry





more resources you provide franchisees to enhance their success and maintain consistencyomprehensive suppor

are essential. By the time you structure your franchise concept, get the necessarys, you will have invested a substantial


The support you provide and the training you implement will instill a quality control process atthe unit level and will create uniform methods of service. Customers should have the same


type regulations and others rely on general consumercountry-


The intellectual property for your business is comprised of the unique concept, logo, companyion. The most powerfu



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Taylor DelPrior he law firm of Kirtonlaw firm of Kirtonat t firm of Kirtonat the l rm of Kirtonat the law of Kirtonat the law fi Kirtonat the law firm irtonat the law firm of nat the law firm of Kirat the law firm of KirtonHave questions? Contact the attornies at Kirton McConkie at (801) 328-3600 or via email at:

Lee Wright: [email protected] DelPriore: [email protected] Purdie: [email protected]

Visit www.kmclaw.com

kirton mcconkie: franchising faqs - kmclaw.com mcconkie: franchising faqs there are individual state...

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