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Franchising: challenges yet great opportunity for some businesses

Perhaps you are the owner of a commercial entity commanding great public appeal across a wide dimension and with a business model that might be susceptible of replication by other astute entrepreneurs.

Or maybe it is the case that you are that smart and energetic entrepreneur, with your eye on an existing business that you believe could be quite profitable under your management.

In either case, franchising is perhaps a likely candidate for your close consideration.

Some existing businesses in Ohio and/or with a regional or national presence command instant and obviously valuable recognition among the general public, with a name, service marks and other advertising attributes that are broadly recognizable.

Certain business spheres come quickly to the fore in any discussion of franchising. We note some of them on a page of our website devoted to franchising considerations and opportunities at the established Dayton commercial law firm of Gottschlich & Portune. They include the fitness industry, food and hospitality companies, sports outlets, financial service firms and more.

Might franchising make strong sense in a given case?

As noted in one online article spotlighting franchising law and considerations that are closely relevant to that topic, that is likely to be a question best entertained by a business principal in close consultation with a proven attorney commanding long experience in promoting the interests of both franchisors and franchisees, respectively.

The reasons why input from a deep legal team might logically be solicited as a first step pursuant to any business principal's reflection on franchising are many. Franchise agreements and disclosure documents are typically dense and complex. Moreover, state law rules and requirements are relevant in every franchise transaction. Financing can be an issue, as will be fees, respective duties of contracting parties, territorial restrictions, the protection of intellectual property and many other things.

When franchising makes strong sense, an experienced business attorney can help ensure that a client's goals and best interests are fully safeguarded and optimally promoted.

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