TRUTH GUIDED, RELATIONSHIP DRIVEN

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USEFUL LINKS

CONTACT INFO

3021 Airport-Pulling Rd, Naples, FL 34105

Phone: (239) 330-1494

info@Boatman-Law.com

Office Hours:

Mon-Thu 8:30 - 5:30  |  Fri 8:30 - 2:00

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FRANCHISING &
TRADEMARK LICENSING

At The Boatman Law Firm, clients receive the counseling to guide them through both the transactional and regulatory matters affecting a franchisor’s business and the franchisor/franchisee relationship.

We have the experience to provide practical advice to businesses contemplating whether to franchise valuable trademarks and proven business methods. This process includes evaluation of other possible sales and distribution methods, such as:

  • Trademark licensing

  • Company-owned sales outlets

  • Sales representative arrangements

  • Business opportunities

Once a decision to franchise a business is made, we have the knowledge and experience to draft the necessary franchise documents tailored to fit a particular client’s business operations, including the FTC-mandated franchise disclosure document, the franchise agreement, any area development agreements, and all ancillary documents. Having assisted clients prepare franchise disclosure documents — which not only comply with Federal Trade Commission regulations but which also comply with the additional disclosure requirements of the many States agencies imposing separate registration or exemption filings — we have an understanding of the extensive disclosures required to develop a successful franchise system which is well-suited to expand beyond the boundaries of the franchisor’s local geographic region. Our franchise practice includes making sure clients implement the quality control policies and procedures to protect a franchisor’s trademarks and other intellectual property assets from the risks involved in sharing valuable proprietary secrets with independent franchisees, including protection measures associated with franchisee websites and use of social media venues.

Franchise guidance covers the many transactional aspects involving preparation and review of:

  • Franchise disclosure documents

  • Franchise agreements

  • Area development agreements

  • Leases

  • Employment agreements

  • Independent contractor agreements

  • Turn-key franchise development agreements

  • Franchise system internet and other social media policies.

When they arise, we have the experience necessary to guide franchise clients through conflicts or disputes concerning the franchise documents, improper or unlawful use or presentation of trademarks and other intellectual property issues, employment issues, real estate issues, and overseeing a franchisee’s use of and content within websites and social media accounts such as Facebook and Twitter.

If a particular franchise client’s success leads to expanding the franchise system beyond the client’s home state, Our experience includes filing franchise registration or exemption notices within each of the states which require separate registration or exempt notice filings. We have successfully dealt with each agency of the various states requiring a separate registration or exemption filing, including successful resolution of inadvertent franchise sales or related state franchise registration issues.

The franchise services provided by The Boatman Law Firm include:

  • Preparation of franchise disclosure document and state-specific addenda

  • Preparation of franchise agreements and other ancillary franchise system agreements; including lease agreements, turn-key development agreements, regional or area-wide franchise agreements, non-competition agreements and social media policies

  • Preparation and filing of franchise registration applications and exempt notices, including responding to agency comment letters and resolving possible registration challenges

  • Monitoring franchisee misuses of trademarks or other intellectual properties, or unlawful trademark infringement by others

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