With the right concept, franchising can be an excellent way to grow a business in terms of profits, geographic expansion and brand awareness. Turning a business into a franchise also allows franchisors to distribute capital outlay and the operational costs of expansion across the franchise network.

Done well, a franchised business helps minimize the legal and financial risks of growth. Done poorly, a franchisor could lose control of the idea, experience lower quality delivery of products or services and, possibly, face legal troubles with franchisees as well as the federal and state government.

The upfront strategies you put in place will affect your business and your personal success for many years to come. It’s worth the time and diligence to do it right. Some business owners desire to create a franchise, some desire to avoid such a structure and the accompanying regulations, and some are engaged in franchising activities without even knowing it. In any case, there is a right way and a wrong way to organize.

Developing a solid franchise concept hinges on several factors and requires knowledgeable attention to detail. The guidance Kirton McConkie attorneys provide is invaluable, starting with the very first decisions you make. Does your business even lend itself to franchising or is it better suited for another business structure?

We can assist you in understanding the differences between franchising, licensing, distribution agreements, direct sales or business opportunities, and where those concepts intersect. Make sure you seek qualified advice to determine the best structure for your business concept and how to organize it for success.

We can help you navigate the franchise process from start to finish by providing insight into initial concept strategies, franchise basics, intellectual property protection, franchisor/franchisee relationship structure and direction on state and federal compliance issues.


  • Mrs. Fields/TCBY
  • Corporate Alliance
  • Kneaders
  • Ski Butlers
  • Xtend Barre
  • Mobile Clubhouse
  • Suspended in Time
  • Miche Bag


  • Franchisor/Franchisee relationship structure
  • Initial fee and royalty payment structure
  • State registration
  • Franchise Disclosure Document (FDD) Drafting and Maintenance
  • Regulatory compliance
  • Franchise disputes
  • Avoiding becoming a franchise (and all of the regulations that apply)
  • International expansion
  • Business model strategies and concept evaluation
  • Trademark, copyright and patent protection
  • Trade secret protection

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