At FranchiseSmith, we represent:

We assist Teams and Athletes in contract and endorsement negotiations, contract review, intellectual property development (capitalizing on name value and recognition), and asset protection.

We assist Leagues and Owners in setting up league ownership and management structure, in developing and protecting the league's names, marks, logos, and other intangible assets, and in complying with federal and state anti-trust, franchise, and business opportunity laws.

We also counsel athletes and their families on collegiate and professional association rules and procedures.

Call us today at (503) 925-9696 or contact us online.

To FranchiseSmith, becoming a Franchise player means more than amassing wins or statistics. While we point you to resources that will make you a better athlete, we focus on developing your career on and off the playfield.

Your Value
Our main goal is to establish your value in the marketplace and to tap that value to its fullest potential.

Player Contracts
Collective bargaining agreements and league rules can severely limit the negotiable issues in some athlete contracts. For instance, the only negotiable blanks in a Major League Baseball player contract are your salary, your bonus, your incentives, and your ability to get special privileges (no-trade clauses, etc). In negotiating your compensation, we will highlight your strengths and the team's needs in comparison to compensation for others in your sport with similar experience and skills.

Endorsement Contracts
Unlike player contracts, endorsement contracts are freely open to negotiation. However, endorsement negotiations can be extremely complex. We possess essential skills in negotiation and advocacy, legal knowledge of contract and business law, practical experience in business transactions, and sufficient creativity to provide you the competent legal services needed through the complex endorsement process. Our contacts with our existing clients and network connections in the franchising industry can provide ample footing for finding endorsement opportunities.

Business and Financial Ventures
Our knowledge and expertise in franchising, licensing, distribution, business transactions, and business ventures enables us to find you appropriate resources to develop your name's value and to invest your income.

Your Protection
We help you protect your rights and your assets through trademarks, copyrights, and business structures. Our knowledge of intellectual property and business laws and our experience in business formations and ventures allows you to rest assured that your name and your value are safeguarded.

Your Liaison
We act as the link between you and your team, your sponsors, and your business partners. W e help you find qualified professionals to assist you in your financial and tax planning and psychological needs. We point you to resources to help you with strength and conditioning training programs.

Liaison
We communicate directly with teams, leagues, sponsors, and your business partners while you can concentrate on improving your skills and developing your valuable talents.

Public Appearances and Media Relations
We will assist you and point you to field specialists where required when you make public appearances, participate in radio and television interviews and coverage, compose press releases, and other media relations.

Off-season Employment and Post-Athlete Career
Our business and network contacts in the sports, franchising, and venture capital industries gives you an enhanced possibility to find rewarding employment, investments, and careers off the playing field.

Financial Planning and Taxes
We will point you to our recommended independent professional resources for your accounting, financial, and tax planning needs. Our network contacts of independent accountants and licensed financial advisors will help you:

Legal Services
Our attorneys can always assist you with your questions or issues regarding:

Call us today at (503) 925-9696 or contact us online.

In cases where you cannot or do not want to hire an agent, we serve as your legal advisor.

The College Athlete: NCAA Rules and Specific Sport Regulations
We serve as your legal advisor to help you and your family understand how to maintain your NCAA eligibility and what conduct and activities will strip you of your eligibility.

If you cannot hire or do not yet need or desire an agent, we help you understand the legal complexities of sports contracts, drafting and negotiation procedures, collective bargaining agreements and processes, and rules that govern you and your sport.

Legal Counsel to the Self-Representing Athlete
If you do not need or desire an agent or personal representative, we help you understand the legal complexities of sports and endorsement contracts, the negotiation process, collective bargaining agreements and processes, and answer your questions concerning your legal relationship and obligations to a team, league, agent, or sponsor.

Call us today at (503) 925-9696 or contact us online.

We advise team management and owners on the appropriate structure and steps necessary to protect and properly deal with team assets. These assets include:

We counsel team management and owners on rights and obligations related to and prepare and draft the following:

Call us today at (503) 925-9696 or contact us online.

League Structure

The Multiple-Owner Association
Many sports leagues are multiple-owner associations where an executive committee of owners and a commissioner make decisions for the group. The major decisions are ratified by the owners' vote according to league Bylaws. Basically, the owners actually own the league and the league's marks, logos, operations, etc.

Anti-Trust and Labor Laws
The multiple-owner association structure leads to anti-trust and labor law issues. Disgruntled players argue that a league's rules (such as salary caps, age limits, contract length limits, draft/acquisition restrictions, etc) are restraints on trade between competitors that violate anti-trust and labor laws. To avoid this, the league helps the players form a player union that bargains with the teams. The collective bargaining process can possibly provide the league and the teams with an exemption to the anti-trust laws and to help the league comply with labor laws.

Franchise and Business Opportunity Disclosure Laws
Although most major sports leagues follow the multiple-owner association model, there is little judicial precedence as to whether the multiple-owner association is exempted or excluded from state and federal franchise disclosure laws. In an Indiana court case, the CBA (Continental Basketball Association) was considered a franchise system and was required to comply with Indiana's state franchise disclosure law.

Though the federal rule for franchises and a number of state franchise laws define franchise somewhat differently, simply stated, a franchise is a continuing commercial relationship where: 1)someone pays $500 or more; 2) for the right to use another's name or marks (or is subject to another's quality s tandards in associating with another's name or marks); and 3) the mark's owner exercises a significant degree of control or assistance in the other's operations (some states only require a common marketing plan or scheme).

Violation of the FTC's (and many states') disclosure laws can lead to hefty fines and penalties and forced rescission of the agreements between the franchisor and its franchisees (and often the return of franchisee's initial investment).

To comply with federal and state franchise disclosure laws, the league must prepare a Uniform Franchise Offering Circular, register it with the pertinent state administrators, and provide each prospective team owner with the UFOC at the earlier of their first face-to-face meeting with league personnel or at least 10 business days before they pay the league any money or sign any agreements.

The federal rule and some state laws offer varying exemptions or exclusions from franchise disclosure or registration. These exemptions vary from law to law and often depend on the franchisor's structure, the size of the deal, or the financial magnitude, experience, or sophistication of the franchisor or franchisee.

A Non-Franchise Structure
To fall outside the ambit of the FTC franchise disclosure rule, the league would have to eliminate one of the three franchise prongs from its structure. This type of structure generally does not make sense. The league would have to make one of the three following alternations: 1) no name associated with the league; 2) no upfront fees above $500 for the right to participate in the league; or 3) no control or assistance by the league in scheduling, operations, league rules, game rules, marketing, etc.

Any attempt of this nature would have to be analyzed in reference to state business opportunity laws that apply in over half the states.

Conclusion
Contact us to discuss whether the multiple-owner association makes sense for your league's ownership and management. Contact us to discuss the application of state and federal franchise and business opportunity disclosure laws to your league.

Call us today at (503) 925-9696 or contact us online.