If you are contemplating a franchising system you should first subject your concept to a careful feasibility study to see if the business you have in mind makes sense economically, and as a franchise concept. And, of course, the operation must be running and successful-- no one is going to pay a franchise fee for an untested concept.

Then, if you are convinced it does make sense, you should arrange an attorney for the Intellectual Property protections you'll need, in terms of trademarks, patents, trade secrets, etc., and also consider how you will comply with the FTC laws and the franchising laws of the key states in which the franchise would be offered or BEFORE you start to sell the franchises.