• videocam Live Webinar with Live Q&A
  • calendar_month June 9, 2026 @ 1:00 PM ET/10:00 AM PT
  • signal_cellular_alt Intermediate
  • card_travel Commercial Law
  • schedule 90 minutes

Franchise Agreements: Negotiation and Drafting Strategies

Key Provisions, Disclosure Issues, and Avoiding Disputes

About the Course

Introduction

This CLE webinar will provide guidance to business counsel on how to negotiate and draft franchise agreements and ancillary documents. The discussion will include key issues for counsel to consider when advising clients concerning key provisions in the franchise agreement, related franchise documents, the disclosure and regulatory framework governing franchise relationships, negotiating strategies, dispute resolution, and other risk management strategies.

Description

Franchise agreements are highly regulated contracts that require careful drafting. The heart of every franchise contract is a trademark license, although not every trademark license is a franchise. Unlike other consensual business arrangements, a franchisor must comply with a comprehensive pre-sale disclosure process to lawfully form a franchise. Additionally, compared to other business arrangements, franchises tend to be long-term contracts lasting 20 years or longer, subject to renewal terms, which makes it imperative that franchise agreements give the franchisor authority to require franchisees to modify their operations so that the franchisor can keep the brand competitive and relevant to consumers. Practitioners must understand the complex regulatory landscape and wide array of legal issues in representing franchise parties in the negotiation and enforcement of franchise agreements.

Most franchisors will entertain at least some negotiation of franchise contract terms. This program highlights the key provisions in franchise agreements and the terms most commonly negotiated by franchise parties in forming their relationship from the point of view of the franchisor and franchisee.

Our panel will provide guidance to business counsel to identify factors influencing a franchisor's willingness to negotiate and a franchisee's relative negotiating strength, and will then discuss typical negotiating strategies for key contract provisions, including term length and renewal rights; fees payable to the franchisor; territorial rights and exclusivity; time frame for development; covenants not to compete and other post-term restrictions; personal guarantees by franchise owners and indemnity obligations; transfer restrictions; the franchisor's right to make future changes to the franchise program; termination; and dispute resolution.

Listen as our expert panel navigates the complexities of drafting and negotiating franchise agreements.

Presented By

Brooke Ashton
Shareholder
Fetzer Booth

Ms. Ashton’s practice areas include business law, franchise law, contracts, and other related fields of law. She works directly with entrepreneurs to prepare the legal framework on which their business ideas and concepts can grow and thrive. Ms. Ashton has had the opportunity to plan, design and implement dozens of franchise and other distribution/license programs, working directly with clients to ensure their legal documents reflect their vision.    

Rochelle Spandorf
Of Counsel
Steinbrecher & Span, LLP

Ms. Spandorf is a nationally recognized business franchise and distribution attorney with more than 40 years of experience representing franchisors, manufacturers, licensors, suppliers, franchisees, and distributors in their domestic and international expansion and strategic development. She concentrates her practice on a broad spectrum of transactional and regulatory issues for clients in all industry sectors, from startups to mature public companies. Ms. Spandorf assists clients with their contracts and legal compliance including preparing franchise disclosure documents, domestic and international franchise and distribution agreements, and registration filings. She counsels franchisors, suppliers, and trademark licensors on a broad array of operating issues ranging from contract enforcement to trademark protection, relationship disputes, antitrust and pricing matters, terminations and transfers, mergers and acquisitions and implementation of system-wide changes. Ms. Spandorf represents U.S. franchisors in their international expansion activities and helps foreign franchisors bring their franchise system into the U.S. She assists companies in the acquisition and sale of franchise systems or franchise units by providing franchise due diligence reviews and lead counsel services. On behalf of franchisees and area developers, Ms. Spandorf assists with the acquisition and sale of franchise rights and various transactional assignments. She is one of ten attorneys in the United States ranked by Chambers USA in its highest category (Band One) of leading U.S. franchise attorneys. Ms. Spandorf is recognized as a certified specialist in franchise and distribution law by the California State Bar. She has the distinction of being the first woman to chair the ABA Forum on Franchising, the nation's preeminent association of franchise attorneys, and has twice chaired the California State Bar Franchise Law Committee in North America. Ms. Spandorf is a frequent speaker and author on franchise topics and resource to the press on franchise issues. She was named by her peers as a 2022 “Lawyer of the Year” in the franchise law category in Best’s Lawyers, and has consistently been recognized as a “Global Elite Thought Leader” in franchise law in Who’s Who Legal USA, another annual peer ranking.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, June 9, 2026

  • schedule

    1:00 PM ET/10:00 AM PT

I. Overview of franchise registration and proper disclosure

II. Franchise models

III. Franchise documents

IV. Negotiation strategies

V. Best practices for avoiding disputes and litigation


The panel will review these and other important issues:

  • What is a franchise, and how do franchise laws regulate franchise relationships?
  • Common contracts used by franchise parties to define their relationship
  • Why negotiate? A franchisor's willingness to negotiate and a franchisee's negotiating strength
  • The franchisor's and franchisee's objectives in negotiating key franchise agreement provisions