The law firm of Cantrell Schuette has a nationwide practice dedicated to franchise law. We are well-known as a “go-to” law firm for franchisees nationwide.  We have nearly two decades of experience representing franchisees and dealers – especially in high-stakes disputes.  We bring this experience and a deep understanding of franchise law to assist you in making informed decisions and pursuing your franchising goals with confidence. 

Our commitment to delivering tailored solutions and fostering lasting client relationships sets us apart. Each member of our team is dedicated to understanding the unique needs of our clients and crafting strategies that align with their objectives. Whether you are seeking to expand your franchise network, require guidance on compliance matters, or are embroiled in a franchise dispute, we can help.

If you exploring opening a new franchise in Jacksonville, buying an existing franchise in Duval County, or are caught in a dispute with your franchisor, do not hesitate to contact client-focused franchisee lawyer at Cantrell Schuette for help.  Our dedicated team of legal experts is ready to support you at every step of the legal process, advocating for your rights and working towards a favorable resolution. You can reach us by phone at 904-869-0992 or by emailing us at coordinator@caklegal.com. Your path to resolution starts right here.

Buying a Jacksonville Franchisee Location or Area Development 

Opening a new Jacksonville franchise business is both exciting and daunting.  The franchisor will provide you with a lot of information including a Franchise Disclosure Document.  The Franchise Disclosure Document is a complex document that provides potential Jacksonville franchises with the information required by the Federal Trade Commission’s Franchise Rule and several important, life-altering contracts.  

While it is impossible to summarize the Franchise Disclosure Document in a few sentences, generally the Franchise Disclosure Document contains 4 broad categories of information:

• Information about the franchisor, the franchise system, the nature of the offering, and the industry
• Information about the fees and costs 
• Information about the franchisor’s control over the franchise business 
• Information about the actual or potential performance of the franchise business  

You must understand the Franchise Disclosure Document and the included contracts before you sign anything. The experienced franchisee lawyers at Cantrell Schuette provide potential franchisees, like you, with invaluable assistance in understanding the legal intricacies of owning a franchise location in Jacksonville.  The franchise lawyers at Cantrell Schuette are experienced in reviewing and analyzing Franchise Disclosure Documents and regularly conduct deep-dive calls with potential franchisees to explain the document with detailed feedback and recommend due diligence steps.

Our knowledge team of franchisee attorneys also have extensive experience reviewing the contracts included with the Franchise Disclosure Documents (such as Franchise Agreements, Area Development Agreements, and Personal Guarantees).  As part of a Franchise Disclosure Documents review, a Cantrell Schuette franchisee lawyer will review the contracts and help you understand all the key provisions including provisions related to:  

• Fee 
• Initial length and renewal options
• In-term and post-term restrictions on your ability to compete with the franchise system 
• When and how the franchisor can terminate the franchise agreement
• When and how the franchise can terminate the franchise agreement
• The territory grant
• Dispute resolution 

If you considering opening a new franchise, contact us for Franchise Disclosure Documents at 904-869-0992  or coordinator@caklegal.com. 

Jacksonville Franchise Dispute Resolution and Litigation

Legal disputes between franchisors and franchise businesses come in all shapes and sizes.  The dispute may arise during the franchise term or might occur after the franchise business ends.  The dispute might require notice from the franchisor or franchise or may require alternative dispute resolution such as arbitration or mediation instead of a lawsuit.  No matter the situation, the dedicated and driven franchise business attorneys at Cantrell Schuette have the knowledge and skill to help you navigate a complex legal situation.  

Typical legal disputes arising during the franchise term:

• Encroachment – Encroachment occurs when a franchisor expands or attempts to expand to a location (often high-profitable) protected by the territorial grant of your Franchisee or Area Development Agreement.

• Undisclosed or Excessive Rebates and Kickbacks from Vendors – Franchisees often complain that the franchisor is receiving kickbacks and rebates from vendors.  In other words, the franchisor is charging you a hidden fee beyond your royalty payments.  A skilled franchisee lawyer can help you determine if the undisclosed fees are unlawful and, if so, pursue a claim against the franchisor on your behalf. 

• Misuse of Advertising Funds:  Franchisees also often complain that the franchisor is misusing advertising or marketing funds.  A skilled franchisee lawyer can help you determine if the franchisor is acting unlawfully. 

• Franchisor Audits:  Your franchisee agreement often gives the franchisor the right to audit your business and franchisor will often rely on the results of this audit to in a dispute with the franchise business. 

• Failure to Protect the Brand and/or Marks:  The franchisee agreement likely requires the franchisor to protect the brand.       

Typical legal disputes arising during the franchise term:

• Liquidated Damages and Royalties – Franchisors will often sue former franchise business and their owners to recover liquidated damages and/or royalty payments if the franchisee agreement is terminated before the end of the term.  Cantrell Schuette regularly defends franchisees sued by franchisors to collect royalty and/or liquidated damages payments.   

• Trademark Infringement and Trade Secrets – Franchisors will often sue former franchise business and their owners for using the Franchisor’s brand and trade secrets after the franchise agreement expires.  

• Enforcement of Covenants Against Competition – Franchisors will often sue former franchise business and their owners for violating non-competition and non-solicitation covenants in the Franchise Agreement.  The franchise lawyers at Cantrell Schuette have extensive experience in restrictive covenant litigation and are here to help franchisees understand their post-termination covenants.