Our firm can provide a number of services to help you negotiate your way through franchise law issues, including:
- 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
