Whether 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 |
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