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Ana Haarsma

Ana Haarsma

Ana has worked as a lawyer in the franchise industry for almost 30 years. She has presented papers in franchise law to the legal industry, in the areas of franchise dispute resolution and franchisor insolvency. She was an APAC Regional Director of the Entreprenuers Organisation and holds a bachelors degree in economics.

Recent posts by Ana Haarsma

6 min read

How Much Autonomy Do Franchisees Have In Operating Their Business?

By Ana Haarsma on Apr 24, 2024 9:38:13 PM

One of the disadvantages of buying a franchise is the lack of independence or autonomy in operating the franchise, and the restrictions on decision-making [The advantages and disadvantages of franchising]. How much autonomy a franchisee has in operating their franchise business, will depend on the franchisor, the business operation that the franchisee is wanting to do differently and the reasons why the franchisee is wanting to depart from the franchise offering. While there is a case to be made for some franchisee autonomy, this needs to be balanced with brand consistency

What is franchise autonomy?
Can Franchisees adapt operational procedures?
Are Franchisees able to introduce new products or services?
What level of autonomy do Franchisees have in local marketing?
Can Franchisees negotiate with suppliers independently?
Challenges of Franchisee autonomy
Strategies for balancing autonomy and consistency
The future of Franchisee autonomy 

 

Topics: Featured For Franchisors For Franchisees
5 min read

Legal Challenges to Restraint of Trade Clauses in Franchising: What Franchisees Need to Know

By Ana Haarsma on Apr 5, 2024 6:59:10 AM

Restraint of trade clauses are common in franchise agreements and are designed to protect the franchisor's legitimate business interests.

It is important for franchisees to carefully review and understand the restraint of trade clauses in their franchise agreements to ensure compliance and avoid potential legal issues.

 

Topics: Featured Franchising For Franchisees
11 min read

2023 Review of the Franchising Code - Key Findings and Recommendations

By Ana Haarsma on Feb 28, 2024 12:26:52 PM

On 8 February 2024, the Minister for Small Business, the Hon Julie Collins MP, released the Independent Review of the Franchising Code of Conduct by Dr Michael Schaper. In this article we consider the key findings and recommendations of the Independent Review.

Topics: Featured Franchising For Franchisors For Franchisees
9 min read

Understanding Franchise Disclosure Documents: A Comprehensive Guide

By Ana Haarsma on Feb 20, 2024 10:52:38 AM

In this guide we consider the franchise disclosure document, the importance of franchise disclosure document compliance, and best practices to ensure compliance as a franchisor in Australia.

The Importance of Franchise Disclosure Documents

Key Components of Franchise Disclosure Documents

Common Disclosure Document Issues for Australian Franchisors

Best Practices for Franchise Disclosure Document Management

Topics: Franchising For Franchisors Franchise My Business Compliance
8 min read

The Challenges of Poorly Performing Franchisees

By Ana Haarsma on Nov 2, 2023 11:37:16 AM

What happens when a franchisee is not living up to expectations? In this article we explore the challenges of poorly performing franchisees and how they can impact the overall success of a franchise.

Topics: Franchising For Franchisors
6 min read

Disadvantages of Franchising - Loss of Control

By Ana Haarsma on Oct 6, 2023 12:13:23 PM

 

Topics: Featured Franchising For Franchisors Franchise My Business
8 min read

2023 Review of the Franchising Code of Conduct

By Ana Haarsma on Aug 30, 2023 11:33:15 AM

On 23 August 2023, the Government released the Consultation Paper for the 2023 review of the Franchising Code of Conduct. 

Topics: Featured Franchising For Franchisors For Franchisees
12 min read

What Is A Standard Form Contract?

By Ana Haarsma on Aug 21, 2023 2:40:23 PM

In November 2023, the 12-month transition period for the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 ("the Act") comes to a close. As we reflect on the impact of this act, it becomes even more crucial to understand the ins and outs of standard form contracts and in particular to understand "What is a standard form contract?". 

Standard Form Contracts
ACCC reference to Standard Form Contracts
What is a Standard Form Contract under the ACL?
What does the Explanatory Memorandum say about Standard Form Contracts?
Takeaways

 

standard form contractS

A standard form contract is generally referred to as a contract that has pre-drafted terms and conditions that can be easily adapted to different transactions or agreements. This eliminates the need for extensive negotiations and allows parties to quickly and efficiently enter into contracts.

Examples of standard form contracts include software licence user agreements where you tick a box to indicate that you agree to the terms and conditions of use.

Topics: Featured Franchising For Franchisors For Franchisees
12 min read

5 Strategies For Growing A Business

By Ana Haarsma on Jul 26, 2023 9:31:54 AM

The growth strategy for your business will ultimately be determined by the nature of your business and your business objectives. In this article, we have outlined 5 strategies for growing a business in Australia.

1 - Understanding the Australian Business Landscape
2 - Building a Strong Brand Presence
3 - Marketing Effectively for Growth
4 - Product Development
5 - Licensing or Franchising

Topics: Featured For Franchisors Branding Franchise My Business
10 min read

Unfair Contract Terms

By Ana Haarsma on Jul 11, 2023 8:48:45 PM

The regulation of Unfair Contract Terms is about to change. In November 2023 the 12 month transition period for the Treasury Laws Amendment (More Competition, Better Prices) Act 2022 (the Act) will come to an end.

Topics: Featured Franchising For Franchisors