The Federal Government has substantially changed the Information Statement to be provided to prospective franchisees as part of the pre-disclosure process. It has also clarified that the Information Statement must be given before the other documents given to a prospective franchisee (14 days before a prospective franchisee enters into a franchise agreement).
Recent posts by Ana Haarsma
3 min read
Franchising Code Amendments - Information Statement
By Ana Haarsma on Jul 1, 2021 1:26:48 PM
Topics: Franchising For Franchisors For Franchisees
6 min read
Franchising Code Amendments - Termination
By Ana Haarsma on Jun 19, 2021 3:37:01 PM
The Franchising Code of Conduct (the Franchising Code) was amended on 1 June 2021, with most amendments applying from 1 July 2021, including the Exit and Termination amendments.
Topics: Franchising For Franchisors For Franchisees
4 min read
Franchising Code Amendments - Dispute Resolution
By Ana Haarsma on Jun 6, 2021 3:53:13 PM
The long awaited dispute resolution provisions under the Franchising Code of Conduct (the Franchising Code) came into force on 2 June 2021.
Topics: Featured For Franchisors For Franchisees
5 min read
Not Renewing a Franchise Agreement
By Ana Haarsma on May 4, 2021 10:02:59 PM
A right of renewal in a franchise agreement is a right which gives you the option to "renew" the franchise agreement at the end of the term. [What is a franchise agreement?].
Not all franchise agreements contain a right of renewal.
Even if your franchise agreement contains a right of renewal you may not want to renew the franchise agreement.
Topics: For Franchisors For Franchisees
3 min read
What is a Restraint of Trade Clause?
By Ana Haarsma on Apr 29, 2021 10:45:30 AM
A restraint of trade clause is a clause which is included in an agreement typically to stop someone from competing or using confidential information.
Topics: Franchising
5 min read
Can I Franchise My Business - Growth Strategy
By Ana Haarsma on Apr 28, 2021 9:19:16 PM
Topics: Featured For Franchisors Franchise My Business
8 min read
Can I Franchise my Business? - Financial Considerations
By Ana Haarsma on Apr 21, 2021 4:00:25 PM
In Part 1 of our series "Can I Franchise my Business?" I covered crucial factors such as branding, consistent business systems and maintaining uniformity.
Topics: Featured For Franchisors Franchise My Business
3 min read
Can You Terminate Your Franchise Agreement?
By Ana Haarsma on Apr 21, 2021 10:23:22 AM
The rights to end the franchise relationship, to sell your franchised business, or to pass your franchised business on to a beneficiary are determined by the terms of your franchise agreement and the Franchising Code of Conduct (the Code).
Topics: For Franchisees
8 min read
Can I Franchise My Business? - Branding
By Ana Haarsma on Apr 21, 2021 8:03:36 AM
As a franchise lawyer, I see many people who are interested in using franchising as a growth strategy for their business. When discussing whether franchising is the right growth strategy for a business, one of the first topics I talk about is branding.
In this article, in addition to branding, I'll cover a number of initial factors that should be considered when assessing the possibility of franchising your business.
But first, I examine what franchising involves and how it can facilitate the growth of your business.
Topics: Featured For Franchisors Franchise My Business
2 min read
Unfair Contract Terms in Franchising
By Ana Haarsma on Apr 21, 2021 7:22:36 AM
A recent court enforceable undertaking given to the ACCC by Back in Motion Physiotherapy Pty Ltd (Back in Motion) has served as a reminder to ensure that franchise agreements do not contain unfair contract terms.