Retail and Franchise
Retail stores, convenience stores, and franchises face unique business and legal hurdles that often sit on the “back-burner” until a problem arises. Franchises, in particular, are subject to a wide-range of federal and state-specific regulations.
The Simmons Law Firm represents retailers, convenience store owners, franchisees and franchisors on a full range of transactional and operational issues including advising on general business legal issues, real estate contracts, commercial leases, buying and selling a store in California and New York, franchise disputes, and franchise litigation.
We understand that retailers, convenience stores, and franchises can only thrive if they protect and strengthen their business by successfully developing new stores and closing them down when necessary, hiring and retaining employees, and defending themselves against lawsuits. In a changing and highly competitive world, The Simmons Law Firm will help our clients navigate challenges and take advantage of new opportunities.
Our Retail and Franchise services include the following:
- Retail Store, Convenience Store, and Franchises Development. Guidance and representation on buying or opening new stores/locations and closing or selling underperforming stores/locations.
- Franchise Specific Documents. Review, interpretation, negotiation, and/or drafting of franchise specific documents such as franchise agreements, secondary contracts, franchise disclosures, licensing agreements, and permits.
- Commercial Real Estate. Review, interpretation, negotiation, and/or drafting of commercial real estate documents such as commercial leases, lease buyouts, letters of intent, and service provider contracts.
- Contract Review, Interpretation, and Negotiation. One of the most important things a retail store, convenience store, or franchise can do to protect itself from future disputes is to have The Simmons Law Firm review all contracts before they are used or signed. Contracts include all agreements such as, buy-sell agreements, purchase agreements, agreements with customers, vendors & service providers contracts, and all other agreements that contain a promise to perform, to refrain from performing, or to pay money. Small changes in contract language can make a big difference when disputes arise. The nominal cost of a contract review can save considerable money, time, and aggravation by reducing future disputes.
- Mechanic’s Lien. We defend businesses against mechanic’s liens as well as handle the process of filing and foreclosing on mechanic’s liens.
- Policies, Procedures, & Handbooks. Every employer, large and small, must clearly outline their policies and procedures to avoid unnecessary liability. Having polices that address drugs, email usage, vacations, etc. in place is the best way to ensure that employees know what is expected of them. The Simmons Law Firm will work with our clients to review and revise existing policies and draft new ones where needed.
- Employment & Independent Contractor Agreements. Employment and independent contractor agreements set forth the material terms of employment and often establish where a case will be heard should a dispute arise as well as how the dispute will be resolved. Consequences of improperly drafted agreements can be significant. The Simmons Law Firm is skilled in drafting such agreements to ensure that expectations are adequately set.
- Construction & Subcontractor Contracts. Construction contracts are extremely complicated. Typically, the publicly available standard form contracts will not meet a retailer, convenience store, or franchise’s needs. The best way a business can protect itself from unnecessary liability is to have The Simmons Law Firm review, negotiate, and/or draft documents such as architect agreements, engineering and design agreements, purchase orders, payment, consulting agreements and construction management agreements to ensure that the retailer, convenience store, or franchise’s rights are protected.