I Want to Franchise My Business

Can I Franchise My Business?

Franchising enables you to grow your business and build your brand. When you franchise your business you typically copy your business or that part of your business that you want to franchise and its systems and processes in a way that enables others to operate a business identical to your business.

If you are asking “can I franchise my business” or “how do I franchise my business“, then we can share our experience with you.


If you would like to learn more about Franchising, download our ebook Download now


When assessing whether you can franchise your business, factors to be considered include:

  • Systems
    • Consider whether you have systems in place that can be easily followed and replicated.
  • Consistency
    • The feeling and experience that a customer has at each franchise location must be consistent. Consistency builds strong franchise brands.
  • Branding
    • A brand is reflected in everything that your business does from marketing to menus, to uniforms, to the look and feel of your premises.
  • Quality Control
    • Quality and consistency is generally determined by franchisee selection, franchisee training, ongoing support and franchisee compliance.
  • Documentation
    • You will need to have a franchise lawyer prepare various documents to support the franchise system, including a custom franchise agreement.
  • Sustainable Growth
    • Consider what the market is for your product or service. Can you broaden your market? What level of growth is sustainable?


While this may seem like a lot to think about, don’t worry, that’s what we do. We have helped to franchise some of Australia’s most well known brands.

We understand that the approach to franchising your business will vary depending on many factors, such as whether you are offering a service or a product, or whether you are proposing to franchise territories or sites, or whether your business is based on regular customers.

What are the advantages and disadvantages of franchising my business?

We have set out below the 5 main advantages and disadvantages of franchising your business.

Franchise my Business AdvantagesThe 5 main advantages of franchising your business are:

1 – the franchisee invests the capital;

2 – the franchisee has a stake in the success of the franchise business;

3 – the franchisee is responsible for the day to day operation of the franchise business;

4 – you can achieve faster growth of your brand;

5 – you have greater buying power.

The 5 main disadvantages of franchising your business are:

1 – loss of control;

2 – training and continued support of franchisees;

3 – dealing with poorly performing franchisees;

4 – compliance costs and risks;

5 – having adequate resources to manage growth.

What do I do if I want to franchise my business?

If you have decided that you want to franchise your business, you should look at your

  • branding
    • register your trademark to ensure that your brand and your name are protected;
  • financial modelling
    • prepare financial modelling to ensure that the business is going to work for both you and the franchisee;
  • systems
    • detail your systems and processes.

We can guide you through the entire process, from assessing your business and franchise structure to preparation of your system manuals and franchise legal documents.

The Franchising Code of Conduct

The Franchising Code of Conduct (the Franchising Code) is a mandatory set of rules all Australian franchised businesses must abide by.

If you want to franchise your business, you will have to comply with the Franchising Code.

There are a number of areas which are covered by the Code including:

  • Good faith;
  • Disclosure;
  • Franchse Agreements;
  • Termination; and
  • Dispute Resolution.


How Haarsma Lawyers can assist you to franchise your business

We provide advice and assistance with the following:

  • feasability assessment;
  • corporate structure;
  • growth strategy;
  • regional or territory franchisees;
  • upfront and ongoing fees including royalties;
  • upfront and ongoing marketing fees;
  • setting up and administering an advertising fund;
  • transfers of franchises including transfer fees;
  • any other fees and costs that might be charged;
  • the process of granting a franchise;
  • franchise exits;
  • site selection policies and leasing arrangements;
  • whether and to what extent territories should be used and the various forms of exclusivity of territory;
  • supply arrangements and exclusive dealing taking into account any Competition and Consumer Act issues that may arise.

We work to understand your business and develop and review your business growth strategy. We use our experience to tailor your systems and documents, to provide you business with the most value. Franchising is what we do and it’s what we have been doing for over 35 years.

Let us use our experience and expertise to assist you franchise your business



What we can do to help you franchise your business


We meet with you to discuss:

  • your business goals and needs;
  • your business system;
  • your business strategy.

The initial meeting lasts for approximately 1 hour and is complimentary.


We will work with you to develop the appropriate structure and system to support your business strategy. This may involve setting up a structure to start operating the business and transitioning to another structure as the business grows. Continue reading …


Before you franchise your business you should ensure that your brand name or logo is not similar to a brand name or logo that is already registered. We can assist you to register your trademark. Continue reading ….


We will work with you to develop your franchise business model and provide advice and assistance with all aspects of developing your franchise. We provide advice and assistance with: upfront and ongoing fees, including ongoing royalties Continue Reading ….


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. Continue Reading ….


Depending on the package that you choose, we may prepare franchise agreements and related documents for individual franchisees. Transactional work normally includes the preparation of disclosure documents and franchise agreements for each franchise granted. Continue reading ….


We will 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 of an exit or surrender deed.


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 provide you with relevant advice based on your needs and our experience. Continue reading ….

Franchise Information

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