Franchise Law

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Helping  franchisees and franchisors realise their business objectives

The franchising industry is playing an increasingly significant role these days in the Australian economy, particularly for those wanting to expand their business enterprise or wishing to enter into a franchise business.

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We’re the franchise law experts

Our franchise team has a high level of expertise in drawing up franchise agreements that protect parties and covers the technical aspects relevant to franchising.

We tailor agreements for small, medium and national chains to meet the business expectations of the franchisor with consideration for the numerous legislative constraints placed on franchises.

Our services cover the entire spectrum of business advisory services as well as litigation services where required.

Whether you are looking to create a franchise system for your business concept or you are a first-time business purchaser looking to acquire a franchised business we can assist you to achieve your business objectives.

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Franchising services

Our expertise allows us to hone in on the essential terms and conditions and to advise what can and cannot be done within the agreement.
We explain the franchisor’s obligations and duties in a clear and concise manner.

With our depth of experience in drawing agreements, we are able to advise franchisees on the key terms within a franchise agreement and more importantly the terms and conditions which are missing from the agreements. Our Team negotiates additions, deletions and amendments to agreements. Some of the important clauses the parties would expect to find in a franchising agreement include those detailing the rights and obligations of the parties for:

  • Restraint of trade
  • Representations by the franchisor
  • Termination of the agreement by either party
  • Intellectual property rights
  • Dispute resolution provisions

If you are considering a franchise or about to enter into a franchising agreement, call us today to discuss your options.

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We realise that the success of a franchise business is often dependent on, not only initial due diligence before purchase, but on your business strategy and structure.

Our team is experienced in assisting you in all these aspects of the buying transaction so that you are well informed about the proposed terms of the franchise including both yours and the franchisor’s obligations.

We will ensure that you are aware of the various legal requirements for the transaction and will assist you in negotiating and securing the best possible outcome.

If you are selling your franchise business, we will assist you with the total sales process from the preparation of contracts to negotiations with the franchisor and where necessary, the lessor of your premises and help with the final transfer of the business to your purchaser.

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If you are considering expanding your business through franchising we have assisted a number of successful franchisors in the development of their franchise business. We recognise that the franchise arrangement will last for many years and once signed both the franchisor and franchisee will have certain binding obligations to each other.

It is important that the franchisor’s rights and obligations are protected but also to provide for a flexible agreement between the parties. We will assist the franchisor in complying with the strict disclosure requirements under the Franchising Code of Conduct, the Australian Competition and Consumer law and other laws relating to your franchise business.

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Plan your next move

Call us today to discuss your commercial objectives.

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Don’t wait any longer to get the right advice

All of our lawyers are highly specialised and experienced in their area of law
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