Franchising
Franchising is a vital part of commercial life in many countries and, here in Australia, has developed to the point where it is an industry sector in its own right. As a way of allowing individuals or companies to enter their chosen business sector with a reduction of uncertainty in terms of market, branding and operations, taking on a franchise can be one of the more rewarding commercial activities if properly undertaken by the franchisor and the franchisee.
At the heart of any franchising system sits the franchise agreement, a complex contractual arrangement involving significant intellectual property licensing but extending outwards to cover all strategic and tactical elements of a business concept in relation to such things as marketing and advertising, business processes and quality control. Here at BL, we understand the importance of developing and maintaining solid franchising arrangements for both franchisors and franchisees as some BL Team members have had commercial experience on both sides of the table in their previous roles; when put together with our legal know-how, this means that we are well-placed when it comes to:
- Providing pre-launch strategic advice on legal aspects of franchising and alternative strategies (e.g. commercial representation/agency, intellectual property licensing, etc.).
- Drafting of franchise documentation including standard form franchise agreements, master franchise agreements and variation/termination documentation.
- Reviewing and advising on franchising agreements and related documentation (e.g. Franchisor Disclosure Statements, operations manuals, etc.) for either franchisors or franchisees.
- Examining compliance with the Trade Practices Act 1974 (Cth.) (TPA) and with the Franchising Code of Conduct.
- Assisting with enforcing franchise agreements, including mediation, arbitration, mediation or court action.
- Assisting with protection of franchise intellectual property such as trade marks, copyright and confidential information.
- Providing or otherwise arranging negotiation and documentation of commercial leases and licences to occupy.
- Dealing with the ACCC including lodging authorisations and notifications and managing complaints, investigations and prosecutions.
- Advising, drafting and filing services in relation to of franchise sales, transfers and renewals.
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Assisting with overseas market entry strategies, providing or arranging for advice on overseas laws and drafting international master franchise agreements.
To find out more, please contact us.