Franchising

  • preparation of franchise disclosure documents
  • preparation of master franchise agreements
  • reviewing and negotiating franchise agreements on behalf of franchisees
  • securing leasehold interests in business premises
  • financing and loan arrangements for franchising
  • employment agreements
  • documentation including disclosure statements and agreement
  • trade mark, copyright, patent and intellectual property assistance
  • property leasing contracts and broader commercial matters
  • litigation and mediation support for franchising disputes
  • advice on retail lease legislation throughout Australia and New Zealand
  • advice on related areas such as retail business structure, sale and purchase
    of business, trademarks and business name registration
  • lease dispute resolution
  • advice on establishing franchised businesses
  • drafting and review of franchising agreements
  • advice on the franchise code of conduct

One of the most common forms of business in Australia today and continuously
growing is a franchise. The popularity of a franchise is in its established
goodwill and possibly captive market within a territory.

Franchisee

Before deciding to buy or enter into a franchise agreement, you must consult
your solicitor to advise you on the following:

  • whether the franchisor has provided all the necessary information about the
    franchise business
  • whether the franchisor has provided information in respect of other
    franchisees in the system
  • assist with due diligence as necessary

Also consult with your financial and/or business advisor regarding:

  • the financial aspects of the business
  • whether the franchise is suitable or viable for you

Franchise Documents

You should receive the documents at least 14 days prior to signing and they
should contain:

  1. a disclosure document which has all the necessary information in respect of
    the franchise system, as required by the franchise code
  2. a copy of the franchise code

You should have your solicitor:

  • read the disclosure document and franchise agreement carefully
  • advise you on the contents of the disclosure document and franchise
    agreement
  • explain to you anything you do not understand in respect of the disclosure
    document and franchise agreement
  • advise you on a business structure for the franchise business
  • advise on any other issues, such as, leasing, licensing

After you have signed the franchise agreement, you have 7 days ("cooling-off"
period) to decide whether you wish to proceed with it.

Franchisor

You must consult your solicitor in respect of the following:

  1. advise you on a business structure or assist in restructuring your current
    business
  2. whether or not your business is currently infringing any law
  3. advise you on the applicable law when franchising
  4. whether your business will infringe any law by franchising
  5. whether or not you have appropriate trademarks registered and on any other
    intellectual property issue
  6. whether you have an existing lease and are able to sublease or grant a
    license to occupy
  7. draft the franchise agreement
  8. put together a disclosure document to provide to prospective franchisee as
    required by the franchise code

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