My parents own a cleaning franchise, would it be a violation if I started a cleaning business

While I am not licensed in Texas, your question deals with concepts that are not unique to Texas. In general, even though you are the son of a franchisee, the franchise agreement and its restrictions should not apply to you (assuming you are an adult and you have not worked for your mother's franchise). So you should be able to start a new business, but you should be careful to keep your business separate from your mothers - both in terms of ownership and its operations. As long as your mother does not have any involvement or ownership with your new business, you should not have any problems.

If you worked for the franchise or have some ownership interest, you should consult with a business attorney to review what obligations you may have as a former employee and to assess what obligations, if any, your mother has to require her employees to agree to any nondisclosure or noncompetition obligations. Even if such obligations exist, they may not be enforceable. Enforceability of such nondisclosure or noncompetition obligations are generally dependent on whether the scope and nature of such restrictions are reasonable.

This answer is for informational purposes only and is not intended to provide legal advice or create an attorney-client relationship. Please consult with a local business attorney who is experienced with franchising and noncompetition agreements for legal advice that is tailored to your particular circumstances and facts. Good luck to you.

When my wife and I first started dating, she would often ask: "Can you sue for that?" My answer was often: "You can SUE for anything, but you can't WIN for that." (She eventually stopped asking that question.)

If you are not a party to the franchise agreement (and you aren't somehow in a partnership with your mother), then you are probably not legally prohibited from opening your own cleaning business.

But that may not be the end of the analysis. The franchisor may still sue you (or maybe even your mom), under some theory of theft of intellectual property, or civil conspiracy, or partnership liability, or something else. While you may have a very good defense to that claim, the cost to win may be very high.

Good luck

Jeff Wheelock
www TexasFranchiseAttorney com

Disclaimer: The answer to your specific question will require more facts, a review of the relevant documents, and further analysis. Accordingly, my response is just my general observation and does not constitute legal advice. My response does not create an attorney client relationship.

Normally, a standard non-compete during the term of the franchise contract would not apply to you - unless you signed the franchise contract.

You should be concerned about a potential claim by the franchise company that you have misappropriated their intellectual property (how to operate a cleaning company, for example) because of the association with your mother. If you worked for her, and learned their "secrets" (assuming these exist and are protected), then you may be facing a potentially serious claim.

Best to check with a franchise attorney first, before taking any steps you may regret.

Kevin B. Murphy, B.S.B.A., M.B.A., J.D.
Mr. Franchise

But that may not be the end of the analysis. The franchisor may still sue you (or maybe even your mom), under some theory of theft of intellectual property, or civil conspiracy, or partnership liability, or something else. While you may have a very good defense to that claim, the cost to win may be very high.