1300 830 830
Ana Haarsma

Ana Haarsma

Ana has worked as a lawyer in the franchise industry for almost 30 years. She has guided many business owners toward making informed decisions that protect their interests and promote long-term success. When she's not providing legal insights, Ana enjoys speaking at industry events and writing articles. In addition to her legal qualifications, Ana has a degree in Economics.

Recent posts by Ana Haarsma

3 min read

Franchising Code Amendments - Information Statement

By Ana Haarsma on Jul 1, 2021 1:26:48 PM

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).

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?].

Starting Your Own Business vs Buying A Franchise

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

Updated November 21, 2024

 

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

Updated November 19, 2024

 

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.

Topics: Franchising For Franchisors For Franchisees