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9 min read

Understanding Franchise Agreement Termination

By Ana Haarsma on Jul 23, 2024 11:31:33 AM

Franchise agreement termination is a complex area. In this article we look at the options available to franchisors and franchisees who want to exit a franchise agreement early.

Under the terms of a franchise agreement, a franchisee is given the right to operate the franchise business for a period of time. When the time period expires, the franchise agreement "expires". [What is a Franchise Agreement?]

A franchisor may terminate a franchise agreement early (that is, before the franchise agreement expires), if the franchisor follows the procedures set out in the franchise agreement and the Franchising Code of Conduct (the Franchising Code). [What is the Franchising Code of Conduct?]

If a franchise agreement contains provisions allowing a franchisee to terminate the franchise agreement, a franchisee may terminate a franchise agreement early if the franchisee follows the provisions set out in the franchise agreement.

There are also limited circumstances where a franchisor or franchisee can terminate a franchise agreement at common law. We have not dealt with these circumstances in this article.

Termination Under the Franchising Code of Conduct
Termination Clauses in Franchise Agreements
Legal Procedures for Terminating A Franchise Agreement

 

Topics: Featured For Franchisors For Franchisees Exiting A Franchise
7 min read

Consequences of Terminating a Franchise Agreement

By Ana Haarsma on Jul 22, 2024 11:48:44 AM

Terminating a franchise agreement can have significant consequences.

Economic conditions in Australia remain challenging, placing pressure on both franchisees and franchisors.

According to IBIS1, while the COVID pandemic hampered the performance of franchised businesses over 2020 and 2021, post-pandemic conditions have continued to be difficult. In particular, interest rate rises have caused spending on franchised goods and services to decrease. 

While franchise agreements will generally contain post termination provisions designed to protect the franchisor's brand, data suggests that replacing a franchisee may not be a simple process.

Recent figures cited in the Independent Review of the Franchising Code of Conduct indicate that from 2014 to 2023 the number of franchisees in Australia declined by approximately 5.2%.

Additionally, post termination provisions contained in a franchise agreement may negatively impact the franchisee if the franchisee wishes to operate an independent business.

 

What Happens When a Franchise Agreement is Terminated?

What are the Consequences for a Franchisee when a Franchise Agreement is Terminated?

What are the Consequences for a Franchisor when a Franchise Agreement is Terminated?

 

Topics: Featured For Franchisors For Franchisees Exiting A Franchise
10 min read

Navigating the Legal and Financial Aspects of Selling your Franchise Business in Australia

By Joseph Haarsma on Jul 6, 2023 2:46:08 PM

Selling a franchise business in Australia can be a complex process, especially when it comes to understanding the legal and financial aspects involved.

In this article we'll explore how to navigate the legal and financial aspects of selling your franchise business in Australia. From understanding how the Franchising Code of Conduct and your franchise agreement apply to the sale as well as considering the value of the franchise business, we will provide you with information that will help to make the journey smoother.

Topics: Featured Franchising For Franchisees Exiting A Franchise
5 min read

Can I Get Out of a Franchise Agreement?

By Ana Haarsma on Aug 16, 2022 12:01:34 PM

The last two and a half years have been tough for small businesses including franchises.

Topics: For Franchisees Exiting A Franchise