Franchising Law & Lawyers

A franchise is a formal business relationship between a franchisor and a franchisee, whereby the franchisor:

• allows the franchisee to use its name and its know-how (under licence),
• exercises a degree of control over the franchisee's business methods,
• takes payments from the franchisee, and
• usually provides continuing training for the franchisee

If you have a franchising issue and would like legal help regarding a franchise or any other aspect relating to franchising law please complete your free legal enquiry form on the right, or click here.

What is Franchsing?

Franchising is a method of marketing and distribution where a company (called the franchisor) expands nationally or internationally by granting a person or company (called the franchisee) the right to operate a copy of its business in another geographic area. The right will usually include the ability to use the brand name, the business system and the know-how of the franchisor.

The franchisor gains its income from initial and ongoing fees paid by the franchisee. In return, it must provide a variety of services to encourage the continuing profitability and growth of the franchisee’s business.

Franchisees invest in setting up the business in their own areas and are the owners of their own businesses. They receive their income from successfully marketing their products or services under the brand name of their franchisor.

If you have a franchising issue and would like legal help regarding a franchise or franchising law please complete your free legal enquiry form on the right, or click here.

The Australian Franchising Code of Conduct

In Australia, the franchise sector is overseen by the Franchising Code of Conduct, a mandatory industry code under the Competition and Consumer Act 2010, (formerly the Trade Practices Act 1974).

It is administered and enforced by the Australian Competition and Consumer Commission (ACCC).

The latest Australian Federal Government reforms to the franchise regulations in Australia, came into effect from July 2010 and January 2011 for the varying amendments.

If you are looking at purchasing or selling a franchise and would like legal help regarding any aspect of franchising law, then please complete your free legal enquiry form on the right or click here.

Franchising Law

Entering into a franchise agreement whether you are buying or selling in any sector a franchise can be challenging. The agreements are normally complex and difficult to understand. It is therefore important to find the right lawyer who can go through the ins and outs of the clauses so that you have an understanding of the implications of entering into such a contract.

If you have a franchising issue and would like legal help regarding a franchise or franchising law please complete your free legal enquiry form on the right, or click here.

Some of the aspects a franchise lawyer will aid in include:

• Drafting and reviewing key franchise documents
• Advising and assisting on sales of purchases of franchised businesses
• Advising and assisting on sales, purchases and restructuring of franchise systems
• Assisting on Information Technology agreements for franchisors
• Strategic Planning and Advice (including asset protection)
• Multi-tiered franchising options (including master franchising)
• Capital Fundraising

If you are looking at purchasing or selling a franchise and would like legal help regarding any aspect of franchising law, then please complete your free legal enquiry form on the right or click here.

Are you contemplating a franchising opportunity?

Franchising is recognised as a highly flexible means for established businesses to expand, and for people to run their own businesses with less risk, and usually a smaller capital investment, than a traditional "start up".

If you are currently a franchisor or franchisee or if you are thinking of starting or investing in franchise businesses, franchising lawyers can provide all the expertise and advice you need. Our service is comprehensive, offering full brand protection for franchisors, critically important documents such as operating manuals and security documents, and a full range of employment, property, intellectual property, commercial contract preparation and other services, allowing you to concentrate on maximising any opportunities that may arise.

Franchising lawyers also work with franchised businesses which have fallen into dispute internally – whether the conflict is between franchisees, or between the franchisor and one or more of its franchisees. We can also help you to deal with external disputes, for example with suppliers, customers, competitors, and regulatory authorities. Whatever issues you might face, franchising lawyers can help you deal with them in the most effective way possible.

Franchise Disputes - Franchisor & Franchisee

Unfortunately franchising disputes can occur with any different type of franchise.

Franchising lawyers have considerable experience in dealing with franchise disputes.

Franchising lawyers use their experience gained from our time working with franchisors to your benefit, as we understand both parties' interests and can consider the legal implications from both sides of the fence which ensures that you receive the most cost effective advice.

Franchising lawyers have a good relationship and work very closely with expert franchise barristers.

The issues that come up the most in franchise disputes are:

-Misrepresentation – where the franchisee was given factual information prior to entering the franchise, by the franchisor, that the franchisee relied on when deciding whether to enter the agreement and which has turned out to be untrue. This can include the cost of supplies, projections/cash flows and representations about other franchisees.

-Termination – where either the franchisor wants to terminate the agreement and is alleging that the franchisee has breached the agreement or the franchisee wants to see if it has the right to get out of the agreement.

-Restrictions on Trading – whether or not clauses restricting a franchisee from trading for a period after the agreement ends are enforceable and if there are any ways around these clauses.

If you have a franchising issue or franchising dispute and would like legal help regarding a franchise or franchising law please complete your free legal enquiry form on the right, or click here.

Alternatively, if you are looking at purchasing or selling a franchise or have a franchising dispute and would like legal help regarding any aspect of franchising law, then please complete your free legal enquiry form on the right or click here.

Further Resources - Franchising Law & Lawyers

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