Drafting Restaurant Leases & Franchise Agreements (2016 Edition)


Re-Broadcast on March 22, 2017

Learn the key provisions to watch out for when drafting restaurant leases and franchise agreements. Restaurants have unique use requirements from zoning and liquor license issues to key operational requirements and maintenance issues. This CLE will address these key provisions and offer practical advice on how to best protect and prepare a client when drafting a restaurant lease. Additionally, learn how to develop franchise agreements for restaurants that also take into considerations the elevated risks that coincide with running restaurant franchises.

Key topics to be discussed:

  • Contingencies: Liquor License/Other Permits
  • Use Issues
  • Property Condition
  • Build-out Issues
  • Systems and Maintenance: Grease Trap, Equipment
  • Operational Points: parking, pest control
  • Key Business Points
  • What is a Franchise?
  • Franchisor Disclosures
  • Franchise Agreement
  • Joint Liability

Date / Time: March 22, 2017

  • 2:00 pm – 4:00 pm Eastern
  • 1:00 pm – 3:00 pm Central
  • 12:00 pm – 2:00 pm Mountain
  • 11:00 am – 1:00 pm Pacific

Choose a format:

  • Live Video Broadcast/Re-Broadcast: Watch Program “live” in real-time, must sign-in and watch program on date and time set above. May ask questions during presentation via chat box. Qualifies for “live” CLE credit.
  • On-Demand Video: Access CLE 24/7 via on-demand library and watch program anytime. Qualifies for self-study CLE credit. On-demand versions are made available 7 business days after the original recording date.



bruce_rosenBruce G. Rosen is the founding member of Real Estate Counselors, PLLC, located in Washington, D.C. Mr. Rosen’s practice is concentrated in commercial real estate transactions, including office and retail leasing, acquisitions and sales of commercial properties, secured lending and joint ventures. He also has experience in creditors’ rights and commercial bankruptcy matters. Mr. Rosen received his B.B.A. degree and his J.D. degree, with distinction, from the Temple University, James E. Beasley School of Law. He is a member of the District of Columbia and Pennsylvania bars. Before founding Real Estate Counselors, PLLC, Mr. Rosen was an attorney with the law firm of Akin, Gump, Strauss, Hauer & Feld. Mr. Rosen is the author of “When Office Landlords Lease to Retail Tenants,” published in the Practical Real Estate Lawyer.

joshua_loganJoshua J. Logan: Since beginning the practice of law in 2007, Josh has assisted countless clients with business entity matters, helped conduct over 100 business buy-sell transactions and has been involved in the litigation of over 1,000 contract and franchise/dealer-related cases.

Legal Work History
Josh founded the law firm of Achieve Legal in 2014 to cater to business owners and especially franchisors and franchisees. Previously Josh had been an associate for a year at a real estate, business and consumer debt defense firm, Nishad Khan, P.L. in Orlando, Florida. Most of Josh’s litigation work has been on creditor’s rights matters for Williams, Gautier, Gwynn, DeLoach & Sorenson, P.A. of Tallahassee, Florida. While in law school, Josh had clerked at Myers & Fuller, P.A., of the most notable auto dealer franchise firms in the country, and stayed on as an associate for several years, conducting buy-sell transactions, assisting in legislative consulting and complex dealer-related arbitration cases.

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Restaurant Leases

        I. Contingencies
                a. Liquor License
                b. Other Permits

        II. Use Issues
                a. Permitted Use
                b. Exclusive Use
                c. Operating Hours
                d. Continuous Operations
                e. Co-Tenancy
                f. Outdoor Seating

        III. Property Condition
                a. ADA
                b. Zoning
                c. Code Compliance
                d. Environmental
                e. Building Systems

        IV. Build-out Issues
                a. Contractors
                b. Equipment
                c. Signage and Facade
                d. Removal Issues

        V. Systems and Maintenance
                a. Grease Trap
                b. Utility Service
                c. HVAC and Vent
                d. Restaurant Equipment

        VI. Operational Points
                a. Parking
                b. Trash Removal
                c. Pest Control

        VII. Key Business Points
                a. Base Rent and Percentage Rent
                b. Operating Expenses
                c. Insurance and Indemnities
                d. Assignment Rights
                e. Change of Control
                f. Equipment Financing
                g. Leasehold Mortgage
                h. Defaults and Remedies

        VIII. Personal Guaranty


        I. What is a Franchise?
                a. Control
                b. Use of TM’s
                c. Payment by Franchisee
                d. Operations
                e. Guidance

        II. Franchisor Disclosures
                a. Ongoing & Historical Litigation
                b. Advertising Fund and Use