We have helped to franchise some of Australia’s most well known brands. We understand that the approach to franchising and growing a brand will depend on many factors.
If you are already a franchisor, we can assist you with the following matters.
What can we do to assist?
Franchise Consulting
What is working with your current franchise system and what is not working?
We can
- review your current business structure:
- review your franchise systems;
- review your current intellectual property protection;
- review your manuals;
- assess your marketing fund;
- assess your sales structure; and
- assess your business growth strategy.
Review your Documents
We can review your legal documents and ensure that your franchise systems and processes are compliant.
Your legal documents may include:
- Franchise application documents,
- Franchise agreements and related deeds,
- Master franchise agreement and related deeds,
- Disclosure documents,
- Commercial and Retail Leases,
- Property Licence Agreements,
- Standard Lease Clauses for Franchisors,
- Intellectual Property Licence Agreements.
In addition we can assess whether your franchise documents adequately protect your franchise system, including your intellectual property, your customers and your goodwill.
Many franchise agreements in the market are “template” franchise agreements and are not drafted to protect the individual franchise system. For example, the protections for a franchisor in a retail food franchise agreement should be very different to the protections for a franchisor in a personal service franchise agreement.
We can also ensure that your franchise agreement adequately addresses any Fair Work risks.
Franchise Disptues
We can assist you in the resolution of any franchise dispute.
We will provide you with advice based on our extensive experience in both franchise dispute resolution and litigation so that you can make an informed decision on the strategy which is right for you.
In any dispute we will:
- focus on your wishes, goals and needs;
- provide you with relevant advice based on your needs and our experience;
- work with you to resolve your dispute through negotiation and mediation;
- litigate if necessary;
- work with you to manage costs.
We can agree fixed prices or retainers in most dispute resolution matters.
Ongoing franchise work
We can prepare franchise agreements and related documents for individual franchisees.
Ongoing franchise transactional work normally includes the following:
- preparation of disclosure documents and franchise agreements for each franchise granted and sending the documents to the franchisee in accordance with the Franchising Code,
- ensuring that there is an audit trail for the purposes of establishing compliance with the Franchising Code at all stages of this process,
- negotiating and drafting certain amendments to the franchise agreement,
- registering or transferring a business name,
- reviewing leases,
- preparing property licence agreements.
We have undertaken large volumes of transactional work for 35 years. We have streamlined processes in place to ensure that the work is completed efficiently, but more importantly we ensure that the documents are compliant, so that you have peace of mind.
Franchisee sale or transfers
We can assist you to develop and implement procedures for franchisee transfers including
- review of the sale contract,
- incorporation of terms into the sale contract,
- dealing with sale monies,
- the development or review of an exit or surrender deed.
Franchising is what we do and it’s what we have been doing for 35 years.
Contact us and let our experience help you.
Let us use our experience and expertise to assist you
What we can do to help you develop and grow your franchise system
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Franchise Consulting
We know franchising. We have helped to franchise and grow some of Australia’s most well known brands. We understand that the approach to franchising a brand will vary depending on many factors, such as whether you are offering a service … Continue reading
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Prepare and Update Disclosure Documents
A disclosure document is prescriptive and needs to contain certain information to comply with the Franchising Code of Conduct (the Code), including Franchisors details and business experience You must provide details of the business including business experience, business names, business … Continue reading
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Review and Draft Franchise Documents
We develop your franchise documents based on your franchise business model and we ensure that your systems and processes comply with the Competition and Consumer Act 2010 and the Franchising Code of Conduct. Our franchise documents are based on precedents … Continue reading
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Prepare Licence and Distribution Agreements
Under the terms of a licence or distribution agreement a licensee is generally granted the right to use your intellectual property (including your trademark) or distribute your product within a defined territory. We will assist you to develop a customised, … Continue reading
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Commercial and Retail Leasing
A commercial or retail lease is an agreement that sets out the rights and obligations of landlords and tenants. The lease will include provisions about: the duration of the lease, any rights of renewal, any rights of assignment, the amount of rent … Continue reading
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Ongoing Franchise Work
Depending on the package that you choose, we may prepare franchise agreements and related documents for individual franchisees. Transactional work normally includes the following: preparation of disclosure document and franchise agreement for each franchise granted and sending to the franchisee … Continue reading
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Franchise Disputes
If you are involved in a dispute, we can guide you through the process of dispute resolution. Your approach to the resolution of a dispute may depend on many factors, both financial and non-financial. We will: focus on your wishes … Continue reading
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Buying and selling businesses
We can assist you with the sale or purchase of any commercial business, including a business that is being purchased or sold subject to a franchise. If you are selling a business we can assist you to negotiate the sale … Continue reading