Entering into a franchise agreement is a major decision. The franchise relationship is always a legally and commercially significant relationship. It’s vital that you have the franchise agreement and any related disclosure documents reviewed by a lawyer with expertise in the field of franchising.
Franchising will normally involve the owner (“franchisor”) of a proven business model in effect licensing one or more others (“franchisee”) to make use of that business model upon terms set out in the franchise agreement. This franchise agreement will often be extensive and complex.
We have extensive experience in:
- Reviewing your business to assist with a franchise start-up;
- Review of all franchising documents;
- Drafting all franchising and associated documents (including disclosure documents, agreements, etc.);
- General contract and business advice;
- Intellectual property licensing and associated matters;
- Advising potential franchisees in relation to franchising documentation, structuring and in general;
- Assisting with negotiations;
- Sale and purchase of franchise business (including all documentation);
- Compliance and enforcement issues in relation to franchising (both on behalf of franchisees and franchisors);
- Dealing with the ACCC;
- End of franchise obligations and rights (both for franchisors and franchisees);
- Minimising and resolving franchise disputes/issues;
- Franchise mediations;
- Prosecuting and defending court action (both for franchisees and franchisors);
- Co-owner/stakeholder agreements and associated matters;
- Creation of companies/trusts/partnerships (and generally advising);
- Structuring for asset protection and associated matters;
- All legal matters relating to the franchise relationship.
Why select Belperio Clark?
- We provide sensible, practical solutions for your legal needs;
- Our extensive experience with our principal lawyers each having 20+ years legal experience;
- We are very client focused – you and your interests come first, every time;
- We are accessible, friendly, and unpretentious;
- Our lawyers are committed to keeping up to date and knowledgeable with continuing professional development and involvement in numerous professional bodies;
- Commitment to cost-effective solutions for clients.
Some Useful Information to Consider:
- Buying a franchise (business.gov.au)
- Australia Competition and Consumer Commission
- Franchising Code of Conduct
- Australia Taxation Office - Franchising and Tax
- Entering into a franchise agreement
- Franchisee start-up checklist
- Franchise Council of Australia
- Franchising your business
- Franchisor FAQs
- Office of the Franchising Mediation Advisor
- Checklist for starting a new business