Franchise vs Association

**keith g** · 03-25-2012, 12:54 AM

My question involves business law in the state of: florida

I bought into an association with an existing photography studio a few years ago. I'm ready to go off on my own. If I belong to an association does the company we bought into own the photography contracts we have. Our contract makes no mention of ownership of our clients, but is it implied because we are an association? What is the difference between an association and a franchise?

jk · 03-25-2012, 06:21 AM

You will have to explain what an association is, in terms of your group. Is this a legal partnership? Are you a member within an LLC?

since I do not know what you are referring to in the term: association, I cannot speak to the association/franchise issue but I will say that all a franchise is is where an entity (person, LLC, corp, etc) purchases a license from a franchiser to operate a business under the franchise name. It does not control the type of entity operating the franchise.

**keith g** · 03-25-2012, 07:15 AM

We own our own photo studio having incorporated our own name, but bought into a pre existing studio as an associate. We can use there name, website and share advertising. It states in the contract that we are an associate of this studio, but no where does it state that they have ownership or part ownership of our company or our clients. The contracts we have with our clients our in our incorporated name and not the associate studio's name. What I'm curious about is if by saying that we are an associate of this studio, and in our contract agreement with this studio we are named as the associate, if the word "associate" has a particular meaning like franchise or partnership, and if so by saying we are an associate, is it an unwritten agreement that the other studio has any ownership over our studio?

jk · 03-25-2012, 08:18 AM

I am not aware of the term "associate" having any legal definition or meaning in the situation at hand.

Without reading your contract, it is very difficult to speak to it. I would suggest taking it to a local attorney that can read it and give you an opinion. I believe that is the only thing that will provide you with a proper answer.