Knowledgeable franchise law attorneys have attempted for decades, without much luck, to draft the “Not-A-Franchise” License Agreement when the client’s business structure includes all of the elements of a franchise under the law. The business lawyer’s responsibility is to explain to these clients that in such cases, franchisor-franchisee avoidance is just not possible.
When possible, spare no effort to keep the client away from the intricacies of franchise law; consult a franchise lawyer when in doubt; and hope that no dispute arises in the that will turn the client into an accidental, unwilling franchisor anyway.
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