Insightful Strategies for Your Franchise Business Whether you are a a business considering expansion using the franchise model, an existing franchisor in need of assistance for compliance or oversight, or a prospective franchisee looking to purchase a franchise business, David T. Azrin offers tailored solutions to help your franchise business ventures succeed.
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Franchise Attorney Based in
New York City

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David T. Azrin

Attorney at Law

David Azrin has served as a partner at Wuerch & Gering since 2024 and has been practicing law since 1988 with a focus on franchise law. A graduate of the University of Michigan School of Law and an active member of the International Franchise Association, he is dedicated to serving both franchisors and franchisees by providing decades of insight to help them make informed decisions.

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Frequently Asked Questions

When it comes to establishing a franchise fee structure, it is important to create a fee structure that will not be cost-prohibitive to potential franchisees, yet will be substantial enough to both benefit the franchise system and result in a profit for the franchisor. A skilled lawyer can help ensure that your fee structure takes into account the necessary variables to help both parties realize a return on their investments.

Creating a Workable Fee Structure

To best position themselves for success, franchisors need to establish a workable fee structure, including initial franchise fees, royalties, and advertising fund payments in a way that makes economic sense for both parties. Attorney David T. Azrin can help walk franchisors through this process, explaining the positives and negatives of various fee structures, and providing franchisors with the knowledge they need to make the most informed decision regarding what their franchise fees should be.

Buying or starting your own business gives you complete ownership and avoids franchise fees and royalties. However, you won't receive the brand recognition, training, or ongoing support that comes with a franchise. Before signing any franchise agreement, it's important to have an experienced franchise attorney review the Franchise Disclosure Document (FDD) and agreement to identify any unfavorable terms or potential risks.

According to the federal definition, a system is considered to be a franchise when it meets the following three requirements:

  1. Trademark: The franchisor agrees to give the franchisee the right to use the business’ name or trademark.

  2. Payment: The franchisor charges the franchisee an initial fee of at least $500 in the first six months for the right to use the name or trademark.

  3. Significant control or assistance: The franchisor exercises significant control over, or offers significant assistance in, the franchisee’s method of operation of the business.

    The system must meet all three requirements. If it does not meet one of these elements, it will not qualify as a franchise at the federal level. In addition, there are a number of exemptions under the federal definition that should be discussed with a skilled franchise law attorney.

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Guidance for Franchisors and Prospective Franchisees

Whether you are an established franchisor looking to expand, a prospective franchisee looking to purchase your first franchise business, or need assistance with compliance and oversight, Attorney David Azrin can help you examine or update your Franchise Disclosure Document (FDD) before entering into a transaction, draft multi-unit agreements for regional expansion or development, review the language in your proposed agreement (including non-compete clauses and red flags), establish license and enforcement clauses for intellectual property usage (e.g., trademarks and logos), and maintain compliance with the standards set by the Federal Trade Commission (FTC).

Developing Strategies to Help
Franchisors Succeed

Expanding your franchise business is exciting, but it is essential to ensure your documents are in order and your corporate transactions comply with FTC standards. Whether you need assistance with drafting agreements, renewing state licenses and registrations, or structuring your operations, David T. Azrin can help.

Attorney David T. Azrin offers dedicated representation for expanding your franchise business, maintaining compliance and oversight, and helping you promote your business to prospective franchisees. David T. Azrin serves clients throughout the United States and worldwide. Reach out today for a consultation.