In August we looked at the Federal Government’s response to the Fairness in Franchising Report together with the proposed Key Disclosure Information Fact Sheet (now called the “Key Facts Sheet”). T…
We are specialist Adelaide franchise lawyers
Franchising is what we do and it’s what we have been doing in Australia and New Zealand for 35 years.
If you need a franchise lawyer in Adelaide, let’s talk.
What do you need?
What is a franchise?
Franchising is essentially templating.
Under the terms of a franchise agreement a franchisee is usually granted the right to use the franchisor’s name, trademark and system.
The system must be something that can be replicated so that a customer has the same or similar experience at each outlet.
In Australia franchising is regulated by the Franchising Code of Conduct.
While it can be difficult to know whether a franchise is right for you, either as a franchisee or as a franchisor, we have the experience and the expertise to guide you through any questions you may have.
Franchising your Business
Franchising enables you to grow your business and build your brand.
From a business perspective, with franchising you typically copy your business or part of your business (and its systems and processes) in a way that enables others to operate a business identical to your business.
You should consider whether you can template your business or that part of your business that you wish to franchise and whether there is a wider market for your product or service.
You should also consider whether a franchise will allow a satisfactory return for you and the franchisee.
We are happy to meet with you on a complimentary basis to discuss your business goals and needs and whether franchising is the right model to expand your business.
What we can do to help you franchise your business
What we can do to assist
Buying a Franchise
There are 5 main advantages to buying a franchise:
Brand Name Recognition
Support and Training
There are 5 main disadvantages to buying a franchise:
Costs and fees
Lack of Independence
Limited Growth Potential
Restrictive Franchise Agreements
Guilt by association
While there are many franchising opportunities available, not all of them will be right for you and you should consider your strengths and your interests, when considering buying a franchise.
We Have Set Up Many Successful Franchise Systems
We have set up and acted as franchise lawyers for many franchise systems in Australia and New Zealand including VIP Home Services (one of Australia’s oldest franchise systems), Wok in a Box, Bean Bar, Soonta, St Louis and Delicia.
Stephen Haarsma was a director of one of Australia’s largest franchise systems for a decade.
We understand what works and what doesn’t work both legally and commercially and you get the benefit of our experience.
Speak to us about our fixed fee packages for franchise start ups.
We have successfully negotiated hundreds of franchise disputes
It is important that you get a franchise lawyer involved early in a franchise dispute, so that you can develop a clear strategy to handle the dispute.
We have conducted and negotiated hundreds of franchise disputes.
Stephen Haarsma and Ana Haarsma are both trained mediators and have represented franchisors and franchisees at mediations in Adelaide, nationally and internationally.
In 2017 Ana Haarsma was awarded Most Influential Woman in Franchise Dispute Resolution Australia at the APAC Businesswoman Awards.
My franchise dispute involves
We Have Reviewed Hundreds of Franchise Agreements
If you are entering into a franchise agreement, you should have a franchise lawyer review the agreement. A franchise lawyer will know what clauses are standard and what clauses are unusual.
We have reviewed hundreds of franchise agreements for franchisees, explaining the consequences of entering into the franchise agreement and negotiating amendments to the franchise agreement where necessary to best protect the interests of our clients.
We offer a fixed fee service for franchise agreement reviews with guaranteed turnaround times.
We have Litigated Disputes in Many Australian Courts
We have litigated many disputes in Adelaide and nationally. Most recently we successfully litigated a misleading and deceptive conduct claim by a franchisee in the South Australian District Court.
We have also litigated a number of disputes in the High Court of Australia including the leading misleading and deceptive conduct case of Yorke v Lucas (1985) 158 CLR 661 and the trust duties case of Byrnes v Kendle (2011) 243 CLR 453.
How can we help?
3 min read 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 cont…
5 minute read Dispute resolution (also known as alternative dispute resolution or ADR) refers to a number of processes that can be used to resolve a dispute. Dispute resolutio…
On 15 September 2020 the Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No 8) 2020 came into effect. The purpose of the Coronavirus Economic Response Package (Paymen…
In its response to the Fairness in Franchising Report, the Government has proposed a number of amendments to the Franchising Code of Conduct.