Is it a Franchise or a License?
www.EntrepreneurshipLawFirm.com This video discusses a case where a business owner wanted to expand, but didn’t want to invest the time and money to create a franchise disclosure document (FDD). There’s a saying “If it walks like a duck, quacks like a duck and looks like a duck, then it’s a duck.” This rule applies to franchises. Often, entrepreneurs want to expand their businesses by selling rights to let others operate the same business under the same name. Typically, to save the significant expense of developing the franchise documentation and the accounting work, the entrepreneur wants to call the arrangement a “license.” Unfortunately, as this case shows, you don’t get to decide whether it’s a license or a franchise. If it has all the characteristics of a franchise, it’s a franchise. And, as this case shows, if you don’t follow the franchise disclosure requirements, your licensee (franchisee) can turn around and sue you personally
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Tagged with: Franchise • License
Filed under: Attorney Video
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