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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
4 min read

Franchisee Social Media Guidelines: A Comprehensive Overview

By Ana Haarsma on Apr 19, 2024 12:47:14 PM

Explore the importance of social media policy for franchisees and how it can benefit their businesses.

 

Topics: Featured Brand Consistency 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
4 min read

The New Right To Disconnect Law In Australia

By Joseph Haarsma on Mar 19, 2024 3:42:58 PM

In this article we will consider how the new "Right to Disconnect" law in Australia impacts employees and employers and what factors both employees and employers need to take into account when communicating outside of work hours.

 

Topics: Featured For Franchisors 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
6 min read

Are Franchise Agreements Negotiable? Exploring Your Options

By Stephen Haarsma on Dec 12, 2023 4:26:36 PM

Traditionally, franchise agreements were not negotiable. However, in our experience, franchisors have become more willing to negotiate terms and obligations contained in a franchise agreement. This trend is likely to be further influenced by the Unfair Contracts Regime which applies to small business standard form contracts. A franchisor who is open to negotiating key terms in a franchise agreement, may be less likely to have the franchise agreement considered a standard form contract.

 

Topics: Featured Franchising For Franchisees
8 min read

Penalty Provisions Under The Australian Consumer Law

By Stephen Haarsma on Oct 5, 2023 12:02:54 PM

The Treasury Laws Amendment (More Competition, Better Prices) Act 2022 ("the Act") came into effect on 9 November 2022.

Topics: Featured For Franchisors For Franchisees
8 min read

Secure jobs and better pay: What it means for employers

By Joseph Haarsma on Sep 18, 2023 10:42:40 AM

In this blog post, we will delve into some of the key amendments made to the Fair Work Act 2009 (Cth) ("Fair Work Act") under the Secure Jobs, Better Pay Act 2022 (Cth) ("SJBP"). Our aim is to provide an understanding of the implications of these changes, exploring their direct impact on employee rights and the obligations faced by employers.

Topics: Featured For Franchisors For Franchisees
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