Franchise Agreement Review

Franchise Agreements

A well drafted franchise agreement will:

• be in as plain language as possible;
• comply with the provisions of the Franchising Code of Conduct;
• set out the commercial terms between the parties (such as the fees to be paid);
• be consistent with the disclosure document;
• not contain terms that are unfair or unconscionable.

What terms are usually in a franchise agreement?

Under the terms of a franchise agreement a franchisee is usually granted the right to use the franchisor's name, trade mark and system, within a certain defined territory (or site) for a certain period.

The franchise agreement will also set out the franchisee's obligations such as:

• the goods or services which may be provided;
• the fees to be paid;
• the manuals to be followed;
• the standards to be maintained; and
• the way that the business is to be promoted.

Franchise Agreement Reviews

If you are buying a franchise or renewing your franchise agreement, it is important that you have an experienced franchise lawyer look over your documents and advise you of any risks. An experienced franchise lawyer will also advise you of the terms that are standard in the franchise industry.

We will review the franchise agreement considering:

• whether the franchise agreement reflects usual commercial practice;
• whether the franchise agreement reflects the agreement reached between you and the franchisor;
• whether there is anything unusual or unenforceable contained in the franchise agreement.

We will provide you with advice about

• the terms of the franchise agreement (including any unusual or unfair terms);
• the legal consequences of signing the franchise agreement in its current form (including the legal consequences of signing any acknowledgments or waivers);
• what your rights are on termination or expiry (including the operation of any restraint of trade clauses);
• general protections under the Franchising Code of Conduct.

Our Packages

Basic Franchise Agreement Review

We will meet with you for an hour to an hour and a half and go through the franchise agreement and disclosure document in the meeting (but not read the franchise agreement beforehand).

Standard Franchise Agreement Review

We will read and review the franchise agreement and go through the franchise agreement with you in a meeting of approximately one and a half hours, highlighting and explaining any clauses that we consider you should be aware of, that are important or that we believe are harsh or unusual.

Premium Franchise Agreement Review

The Premium Franchise Agreement Review includes the Standard Franchise Agreement Review plus a written review.

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Some of the franchise agreements we have reviewed

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