Franchise Your Business

• • • • • • •

IS MY BUSINESS RIGHT FOR
FRANCHISING?

One of the most common questions we get from business owners is whether their business is right for franchising.  Here are some of the questions we go over with our clients when we help them consider whether franchising is the right growth strategy for them:

• • • • • • •

KEY COMPONENTS OF A
FRANCHISE SYSTEM

While meeting legal requirements is one of the most important aspects of establishing a franchise system, three other aspects are equally crucial:

Operations

One of the things your franchisees are purchasing from you is your know-how and the nuts and bolts of how to launch and operate the franchised business. 

At the heart of this transfer of knowledge is the Operations Manual. An Ops Manual is a confidential document you will provide to franchisees that establishes the franchise system’s rules, standards and specifications for what has to be done to accomplish a task or to use/sell a certain product or service.

It contains the franchise system’s proprietary information and educates franchisees. It can be changed or updated at any time so you will need to ensure it is always current and up-to-date.

Technology

In today’s connected and digital world, technology has become an important piece of building a successful franchise business.  

Franchisors that have invested in proprietary technology – whether it’s related to their relationship with franchisees or the brand’s relationship with customers – have a leg up over the competition and provide extra value to franchisees.

Franchise Sales

OK, so you have built out your systems, your team, and have met all the legal requirements.  Congratulations, you are officially now a franchisor. Now you need to sell your concept to franchisees! 

There are many avenues to selling franchises and some are better fits than others, depending on your concept, customer base, and ideal franchisee.  Bringing on board an experienced franchise sales person, team, or consultant may be your best approach, or if you think no one can sell your system like you can, you may be the brand’s best salesperson. 

One of the keys to this process is ensuring compliance with the many rules that apply to franchise sales.  There are technical rules about the timing and method of providing the FDD to prospects as well as rules about where and to whom you can offer a franchise. Having a vetted system in place will help avoid legal headaches down the road.

• • • • • • •

LEGAL REQUIREMENTS OF A
FRANCHISE SYSTEM

Once you have decided to franchise your business, there are many key components to consider and build out.  Because of the strict regulatory environment of the franchise space -- both at the federal level and as part of a complex patchwork of various state laws -- it is crucial to have a solid legal foundation on which to build your franchise system.  As a quick primer on some legal aspects of franchising, here are some of the more common questions we get:

• • • • • • •

COSTS TO ESTABLISH A
FRANCHISE SYSTEM

One of the initial questions potential franchisors inevitably ask us is what sort of budget is needed to establish and launch a franchise program.  Unsurprisingly, the overall cost can vary widely, depending on how mature your business is, how big (or small) your existing staff is, how quickly you want to grow, and how much of the initial work you want to take on yourself.  Other variables include whether you already have a federally registered trademark, how easily you can scale your current website, and how much legal work is needed to establish a new entity to serve as the franchisor. 

In addition, you may want to hire a franchise consultant to help you refine your model or develop a sales plan.  Consultants may cost anywhere from $5,000 to $50,000.  You also may want to partner with franchise brokers to help sell franchises.  Brokers typically collect a percentage of the initial franchise fee and may require an up-front and/or periodic retainers. 

For planning purposes, here are some back-of-the-napkin estimates

Legal Documents (including FDD, Franchise Agreement): $22,000 - $34,000

Federally Registered Trademark: $0 - $4,000

New or Modified Legal Entity: $1,000 - $7,000

Operations Manual ($0 if you do it yourself): $0 - $20,000

Audited Financial Statements: $1,500 - $3,000

New or Upgraded Website: $4,000 - $25,000

Sales and Marketing: $0 - $20,000

State Registration/Exemption Costs and Fees ($0 if no state registrations): $0 - $18,000

TOTAL: $28,500 - $131,000

"Working with Entrepartner is a game-changer. Their attorneys are true experts in franchising, combining deep industry knowledge with a thoughtful yet attentive approach. They recognize that business decisions often involve more than just the typical "black and white" considerations. They understand the human element at play and provide guidance that thoughtfully balances both the people, emotional side of our organization with the business realities we face."

Executive of National Food and Beverage Franchise System

"When starting or growing a franchise business, the law firm you choose to work with is a vital component of success. As a franchisor that chose to work with EntrePartner, I can enthusiastically recommend that they be your law firm of choice as well! The legal matters that need attention in franchising are so varied, you may think you need the big firm approach. But from my experience, EntrePartner not only provides the same specialization and expertise, they also get to personally know you and what your business needs."

Executive of a Global Fitness Franchisor

"We’ve had incredible experiences working with EntrePartner Law. They helped us navigate the complex process of creating our Franchise Disclosure Document and guided us through contract negotiations with clarity and confidence. They are thorough, incredibly accommodating, and truly understand the needs of growing businesses. What we appreciated most is that within their team, there is a specialist for every area of business, so no matter what came up, there was always someone knowledgeable to help. We highly recommend EntrePartner to any business looking for legal support from a team that truly cares."

Founder of a Retail Franchise System

Let's Connect

We encourage you to call the office, or submit an email inquiry to speak with a member of the EntrePartner team.

Contact Our Office

The use of this form does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

This field is for validation purposes and should be left unchanged.
Name(Required)
Email(Required)

Grow Your Franchise Business

• • • • • • •

STAYING OUT OF TROUBLE AS A GROWING FRANCHISOR
COMPLIANCE 101

Becoming a franchisor opens the door to grow your business with a strong, expanding network, but it also brings a new set of legal responsibilities—especially when it comes to ongoing franchise compliance. For early-stage franchisors, the rules can feel overwhelming, but they’re essential to avoid costly mistakes down the road.  These are some of the common components of a compliance process that we assist our clients in establishing:

These are just a sample of ongoing compliance issues that we work with our clients to ensure that they are covered on an ongoing basis. When in doubt, give us a call so we can provide recommendations on best practices.

• • • • • • •

MAINTAINING A STRONG
VENDOR NETWORK

As an emerging franchisor, your vendor network is one of your most critical—and often overlooked—assets. The right vendors can help you scale smoothly and keep franchisees happy. The wrong ones can drag your system down, spark complaints, or even expose you to liability. These are some of the common legal and operational considerations that we often assist our clients in managing:

• • • • • • •

WHAT YOU CAN (AND CAN'T) DO WHEN
TALKING TO PROSPECTS

Before you dive headfirst into conversations with potential franchisees, it's crucial to understand the rules about HOW and WHEN you can disclose your franchise offering, along with what your teams can and can't say to prospects before they join the system. 

• • • • • • •

AVOIDING COMMON MISTAKES
AS YOU GROW

Growth is the goal — but it can also be the biggest risk. For emerging franchisors, the early stages of expansion are critical. These first few deals you do, and performance of those franchisees, set the tone for your brand and your franchisee relationships. Moving too fast (or too loosely) can create cracks that are hard to fix later.

Here are some of the most common — and avoidable — mistakes we see early-stage franchisors make:

FINAL THOUGHT: GROW WITH INTENTION

Sustainable growth in franchising doesn’t happen by accident. It takes planning, discipline, and a willingness to slow down when needed. Avoiding common mistakes early gives you a better shot at building a franchise system that’s both profitable and respected — and that’s the kind of growth that lasts and holds its value.

Let's Connect

We encourage you to call the office, or submit an email inquiry to speak with a member of the EntrePartner team.

Contact Our Office

The use of this form does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

This field is for validation purposes and should be left unchanged.
Name(Required)
Email(Required)

Scroll to Top