Szaferman Lakind recognizes the importance of franchise systems to our economy, and the breadth of services and goods offered through those systems.
We assist our clients in (1) the evaluation of franchise opportunities and the negotiation of franchise agreements; (2) understanding the contractual obligations of franchisors and franchisees who enter into franchise agreements; and (3) provide advice to our clients during the term of the franchise and in those circumstances when agreements are sought to be terminated, cancelled or not renewed. We also have been successful in representing clients in so-called dealer/distributor arrangements which either do not reference the arrangement as constituting a franchise or specifically disclaim that such arrangements are franchises, despite the fact that because of the way they are structured, franchise laws apply.
In particular, we explain to our clients and guide them through the provisions and safeguards provided in the New Jersey Franchise Practices Act, N.J.S.A. 56:10-1, et. seq., as well as the information franchisors are obligated to disclose to prospective franchisees under Section 436 of the Federal Trade Commission’s Franchise Rule. In addition, we assist and represent our clients in the sale and transfer of franchises, allegations of unfair practices, franchise operation policies and procedures, and with the registration and enforcement of trademarks and other intellectual property rights.
Our representation is comprehensive with the goal of doing our utmost to help clients understand the history and operation of the franchise they are contemplating and their contractual obligations so they have the information to make the best decision for themselves before entering into a franchise agreement.