Franchising

Helping franchisors to protect their intellectual property and ensuring Code compliance

Franchising

If you’re con­sid­er­ing fran­chis­ing your busi­ness, you need advice from an expe­ri­enced fran­chis­ing lawyer who under­stands the unique char­ac­ter­is­tics of fran­chise busi­ness­es and the chal­lenges that fran­chisors face.

We know fran­chise doc­u­ments, which form the basis of your sys­tem, need to be capa­ble of pro­vid­ing the lev­el of pro­tec­tion you need as a fran­chisor. They also need to be fair to all par­ties and guar­an­tee fran­chisees an appro­pri­ate lev­el of train­ing, men­tor­ing and support.

A key aspect of our work with you, as a fran­chisor, is pro­tect­ing your intel­lec­tu­al prop­er­ty. This includes safe­guard­ing con­fi­den­tial infor­ma­tion, secur­ing domain names, and deter­min­ing what trade marks are to be used. The class­es in which trade marks are to be reg­is­tered also need to take into account the pos­si­bil­i­ties for diver­si­fi­ca­tion of the busi­ness in the future.

We can review your fran­chise agree­ments and sup­port­ing doc­u­men­ta­tion for a fixed fee agreed in advance. We have the expe­ri­ence to focus on those aspects which may be open to nego­ti­a­tion. We are also able to sign cer­tifi­cates of inde­pen­dent advice as rec­om­mend­ed under the Fran­chis­ing Code of Conduct.

We have valu­able con­tacts with­in the indus­try who can advise you on finan­cial mod­el­ling and on the dif­fer­ent ways you can struc­ture your fran­chise sys­tem. For fran­chisors, it is an effec­tive way to expand an exist­ing suc­cess­ful busi­ness and raise funds for future growth. For fran­chisees, it pro­vides an excel­lent struc­ture for run­ning a busi­ness in a tried and test­ed way.

Expertise / Services

  • Estab­lish­ment of nation­al fran­chise networks

  • Fran­chise agree­ments, dis­clo­sure doc­u­ments and ancil­lary fran­chise documentation

  • Sup­ply agreements

  • Busi­ness structures

  • Pro­tec­tion of intel­lec­tu­al property

  • Infor­ma­tion tech­nol­o­gy agreements

  • Com­pli­ance with the Fran­chis­ing Code of Conduct

  • Advis­ing on oblig­a­tions under the fran­chise agree­ment and col­lat­er­al documents

  • Finance / loan doc­u­ments

  • Legal assis­tance with sell­ing a busi­ness and assign­ing the franchise

  • Signed cer­tifi­cates of inde­pen­dent advice for franchisees

  • Detailed noti­fi­ca­tions to the ACCC in rela­tion to full line and third line forc­ing conduct

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