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Tom O'Brien
Principal LL.B., B.A.
Principal LL.B., B.A.
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:
- a disclosure document which has all the necessary information in respect of
the franchise system, as required by the franchise code - 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:
- advise you on a business structure or assist in restructuring your current
business - whether or not your business is currently infringing any law
- advise you on the applicable law when franchising
- whether your business will infringe any law by franchising
- whether or not you have appropriate trademarks registered and on any other
intellectual property issue - whether you have an existing lease and are able to sublease or grant a
license to occupy - draft the franchise agreement
- put together a disclosure document to provide to prospective franchisee as
required by the franchise code