Franchise Agreements
A franchise agreement is one of the most consequential contracts a business owner will ever sign — and one of the most one-sided. We represent franchisors and franchisees in reviewing, negotiating, and enforcing franchise agreements throughout Florida, with a focus on protecting your investment and your rights for the life of the franchise relationship.
Florida is one of the largest franchise markets in the country. The state's population growth, tourism economy, and entrepreneurial culture make it an attractive market for franchise expansion across virtually every industry — from food and beverage and retail to healthcare, fitness, and professional services. South Florida in particular, with its diverse and growing population and strong consumer spending, is a priority market for many national and regional franchise systems.
Hendrix Law advises both franchisors and franchisees on the full range of franchise legal matters — from initial FDD review and agreement negotiation through the ongoing legal issues that arise during the franchise relationship and at its end. We bring a practical, business-oriented perspective to franchise law, understanding that our clients' goal is not just a legally sound agreement but a franchise relationship that works for them over the long term.
The Franchise Disclosure Document is the starting point for any serious evaluation of a franchise opportunity. It contains the information you need to assess the franchisor's financial health, litigation history, franchisee turnover, and the actual economics of the franchise system. But the FDD is written by the franchisor's lawyers to protect the franchisor — not you.
We review FDDs with a focus on the issues that matter most to franchisees: the financial performance representations in Item 19 (and what they do not tell you), the litigation and termination history in Items 3 and 4, the fees and ongoing obligations in Items 5 and 6, the territory provisions in Item 12, and the renewal, transfer, and termination rights in Items 17 and 18. We present our findings in plain language and give you a clear picture of the risks and opportunities before you make a commitment.
Many prospective franchisees accept franchise agreements as presented, assuming they are non-negotiable. In many cases, that assumption is wrong. Franchisors — particularly those actively seeking to expand in Florida — often have flexibility on issues that matter most to franchisees: territory size and exclusivity, development schedules and penalties, personal guaranty scope and limitations, renewal fees and conditions, and transfer rights and fees.
We negotiate franchise agreements on behalf of franchisees with a clear understanding of where franchisors typically have flexibility and where they do not. Our goal is to improve the terms of the agreement where possible and to ensure that you fully understand and accept the terms that cannot be changed — so there are no surprises after you have invested your capital and your livelihood in the franchise.
Multi-unit and area development agreements — under which a franchisee commits to open multiple units over a defined period in a defined territory — present unique legal issues. The development schedule and the consequences of failing to meet it, the territory rights granted and the conditions under which they can be lost, the relationship between the area development agreement and the individual franchise agreements, and the exit and transfer provisions all require careful analysis and, where possible, negotiation. We advise multi-unit developers on these issues and help them structure arrangements that support their growth plans while managing their risk.
Disputes between franchisors and franchisees — over territory encroachment, system standards, royalty obligations, termination, or renewal — are common and can be costly. We advise franchisees and franchisors on their rights and options when disputes arise, with a focus on pre-litigation resolution wherever possible. When a dispute cannot be resolved through negotiation or mediation, we work closely with trusted litigation counsel to ensure a coordinated strategy and a seamless transition to formal proceedings.
Contact us to discuss your franchise agreement or dispute. We respond to all inquiries within one business day.
Schedule a ConsultationAll inquiries are confidential. No attorney-client relationship is formed by contacting us.
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Key Insight
Florida does not have a franchise relationship law — meaning franchisors have broad contractual rights to terminate and non-renew. Understanding your agreement before you sign is your most important protection.
Common Questions
Whether you are evaluating a new franchise opportunity, negotiating a renewal, or facing a dispute with your franchisor, Hendrix Law provides the focused counsel you need. Contact us for a complimentary consultation.