Franchise Reality Check™ Podcast
Most people considering a franchise ask one simple question: Do I really need a franchise attorney? In this episode of Franchise Reality Check™, Genevieve McDaniel sits down with Kelly Spann of FortmanSpann to answer that question, but the conversation goes far beyond cost. This isn’t about checking a box or “having someone look it over.” It’s about understanding what you’re actually agreeing to…and what happens when things don’t go as planned. Together, they break down:• What a franchise attorney is really reviewing in your FDD and franchise agreement• The clauses that carry the most long-term risk• What can realistically be negotiated—and what usually can’t• Why reading the document yourself is necessary, but not enough And most importantly… What happens when a dispute arises. Because every franchise agreement has a dispute structure built into it, and most buyers don’t fully understand it until they’re already in it. This episode covers:• Arbitration vs litigation and why it matters• How dispute clauses can limit visibility into past issues• What triggers a default and how “notice and cure” periods work• Whether a franchisee can just shut down and walk away• The potential legal and financial consequences of doing so• How suspected fraud or misrepresentation changes the legal landscape This is the side of franchising that isn’t part of the sales process but it’s the part that defines your risk. The conversation also explores how legal review fits alongside independent franchise due diligence, and why the two are not interchangeable. If you’re in the decision window; reviewing an FDD, speaking with a franchisor, or trying to decide whether to move forward, this episode will change how you think about the process. Because this isn’t just about choosing the right brand. It’s about understanding the agreement you’re signing, the obligations you’re taking on, and the options you’ll have if things don’t go the way you expected.
4 episodios
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