Franchising

The Australian franchising industry is a business model that comes with potentially both great benefits and great risks to franchisees and franchisors.

We act for well-known brands as well as new and emerging brands specialising in retail including big box retailers, the retail food industry and the health and well-being industry.

HOCW Franchise Lawyers legal services...

Our franchise lawyers are experienced with both franchisees and franchisors and therefore can tailor legal advice to your needs
Our franchise legal services are complete in that we incorporate contract law, trade practices, employment law, intellectual property law, commercial and retail leasing and commercial litigation and dispute resolution
We can refer franchisees and franchisors to highly reputable service providers within the franchising space
We offer fixed price packages
We offer an operations manual.

Franchisees

Franchisees, are you:

looking to buy into a franchise?
looking to sell, exit your existing franchise?
an existing franchisee?
looking to set up a franchise association?
looking for advice regarding a franchise agreement, disclosure document or marketing fund report?

If you answered yes to any of these questions, then HOCW franchise lawyers will be with you every step of the way from what's required to buy and sell a business to planning and offering ongoing support for your franchise structure and to dealing with challenging franchisors.

Franchise Documents

The documentation can often be quite long and complicated. Before you sign anything, you should consult with a franchise lawyer. We offer straightforward, cost effective and punctual advice on all documentation, pinpoint possible risks and negotiate the necessary amendments.

Documents you should receive from the franchisor include: the Franchise Agreement, the Disclosure Statement, the Franchising Code of Conduct, the Franchise Information Statement and if required other documents such as leasing agreements, loan agreements, share sales agreements, etc.

Franchisors

Franchisors:

do you want to grow your business?
are you deciding if franchising your business is the best growth option for you? (There are many business models that can fall under a franchise)
are you expanding your existing franchisee network?

If you answered yes to any of the above questions, then our franchise lawyers can work with you to assess if franchising is the right business model for you and your business. We will help you prepare, grow and protect your business and continue to advise to ensure you as a franchisor continually comply with any changes in the regulations within the franchising industry. We provide end to end service for franchisors, large and small retail chains, and small businesses and set up associations for SMEs.

Franchise Documents

Franchise documentation include Franchise Agreements, Disclosure Statements, Information Statements and Ancillary Documentation (e.g. leasing agreements, loan agreements, and share sales agreements) as well as the Franchising Code of Conduct. Documentation needs to be carefully drafted in order to set your business up for growth as well as to protect it from liability. HOCW franchise lawyers advise you on what information you as a franchisor need to provide to your potential franchisees.

Franchise Disputes

Franchisors and franchisees must comply with the dispute resolution processes as set out in the Franchising Code of Conduct and the Franchise Agreement.

Unfortunately, things don't always go according to plan, and we are there to assist with disputes with cost effective advice and solutions firstly through negotiation, then mediation and finally litigation, if required.

Our commercial lawyers are located at both our Melbourne office and our Mount Waverley office, a Southeastern suburb of Melbourne.

Visit our law firm for more.