Franchising

Jordan Guydon represents franchisees in their commercial transactions and related disputes with franchisors. With regard to the franchisor and master franchisor, we assist companies in preparing Franchise Disclosure Documents and other regulatory filings, and represent them in domestic and international franchise negotiations, renewals, assignments and disputes.

With regard to the franchisee, Jordan Guydon assists franchisees by reviewing Franchise Disclosure Documents and negotiating new franchise agreements, franchise renewals, compliance, franchise agreement assignments and new franchisee approvals.

Although Jordan Guydon possesses significant franchise and business practice knowledge to help clients with their transactional needs, we also possess the experience with franchise related dispute resolution, arbitration or litigation should the need arise whether representing a franchisor or franchisee.

Representative litigation matters initiated on behalf of franchisee clients for claims against a franchisor include:

Improper Offering Circular Disclosure
Fraud and Misrepresentation during the Sale of the Franchise
Improper or inappropriate changes to the franchise policy that have a material adverse affect on the franchisees
Permitting the opening of franchise or company owned offices that are too close to existing franchisees which adversely impact their ability to do business
Breach of the franchise agreement or implied duty of good faith and fair dealing
Improper termination of a franchisee
Improper refusal to renew a franchisee

Representative litigation matters initiated on behalf of franchisor clients for claims against a franchisee include:

Failure to report transactions
Failure to pay royalty fees
Failure to pay marketing fees
Alleged damage to the goodwill of the brand
Failure to comply with post termination obligations
Violations of trademark law

We assist in franchise acquisitions by franchisors or affiliates, as well as franchisee mergers and acquisitions by franchisees of other companies. With regard to master franchisees, we have substantial experience in: negotiations with its’ franchisor for the master rights; preparation and filing of the master franchisee’s offering circular; negotiation of the master franchisee’s unit franchise agreements with its franchisees; and, various operational issues which confront a master franchise.