Franchising

Franchising is a business relationship in which the franchisor (the owner of the business providing the product or service) assigns to independent people (the franchisees) the right to market and distribute the franchisor’s goods or service, and to use the business name for a fixed period of time.

It is a complicated and specific area of commercial law that requires expert legal knowledge when navigating the complex framework regulated by the Australian Consumer and Competition Commission and the Franchising Code of Conduct (“the Franchising Code”). Our commercial lawyers work with both franchisors and franchisees in providing clear and commercially appropriate advice on all aspects of a franchise business.

We assist our franchisor clients by drafting franchise agreements that are fair to both parties, but most importantly ensure the protection of our client’s brand and compliance with the Franchising Code.

For a franchisee, buying a franchise can be an exciting and rewarding experience, however, there are many things you need to know about your rights and obligations under the Franchising Code and your franchise documents. These documents are generally quite long and confusing to non-lawyers and the whole process can become quite daunting without expert assistance. Our commercial lawyers take the stress out of the transaction, whilst providing you with the proper advice on the franchise documents so that you are aware of any potential risks, allowing you to focus on the necessary preparations to start up your successful franchise business.

For a franchisee, buying a franchise can be an exciting and rewarding experience, however, there are many things you need to know about your rights and obligations under the Franchising Code and your franchise documents. These documents are generally quite long and confusing to non-lawyers and the whole process can become quite daunting without expert assistance. Our commercial lawyers take the stress out of the transaction, whilst providing you with the proper advice on the franchise documents so that you are aware of any potential risks, allowing you to focus on the necessary preparations to start up your successful franchise business.

Our commercial lawyers can help you with the following franchising matters:

• Drafting franchise agreements
• Reviewing franchise agreements for prospective franchisees
• Reviewing franchise agreements for franchisors to ensure compliance with the Franchising Code
• Buying and selling franchise businesses
• Litigation and dispute resolution between franchisors and franchisees

If you looking to franchise your existing business, or you are looking to become a franchisee, contact us to talk to one of our commercial lawyers to guide you through this complicated area of commercial law.