Franchising

open-franchiseWhether you are thinking of joining a franchise, or expanding your own business by creating a franchise, we have the experience and know-how to help you achieve your goals.

Here are some of the considerations we work through with you, as we prepare your franchise documentation or provide other franchising services as required.

Considerations for Franchisors

We assist franchisors to prepare appropriate documentation including Franchise Agreements and Disclosure Statements. If you take a financial interest in the franchisee, or an option to acquire the franchisee, we can also prepare a Shareholders Agreement and Contracts of Employment for the directors of the franchisee.

An important consideration for franchisors entering a Franchise Agreement is protection of intellectual property. We can prepare separate licence agreements for use of software or intellectual property. Finance secured against intellectual property may require the intellectual property to be secured in favour of the financier without risk to its value in the event of default.

For many companies, taxation consequences are a key consideration in deciding whether to implement a franchise structure for part of their operations. We provide advice about tax and can guide you through the decision-making process.

Successful franchises rely upon good structures that enable franchisees to succeed. We can assist you to design a structure that will work for your business.

Considerations for Franchisees

We provide an advisory service to potential franchisees, assisting you through the acquisition process.

We perform a comprehensive review of documentation, evaluation of all rights and obligations for both parties, and identification of legal and business risks. Key considerations include financing and asset protection issues.

Whether you are a franchisor or a franchisee, the needs are the same – focused lawyers who understand the issues and are attentive to your needs.

Our lawyers have expertise in areas including:

Franchisors
Franchise system design
Franchise Agreements
Disclosure Statements
Application of the Franchising Code of Conduct
Corporate structures
Managing implementation, including re-structure of internal division
Intellectual Property Issues in Franchising
Trademarks
Business names
Copyright
Patents
Restrictive covenants
Software licence agreements
Tax issues
Payroll tax
Superannuation guarantee charge
Workcover
Superannuation
Property
Retail lease agreements
Shopping centre lease agreements
Retail tenancies legislation
Lease transfers and assignments
Franchisees
Review and evaluation of franchise proposals
Financing
Franchising Disputes

To arrange an obligation-free consultation call us on:03 9592 3356