Franchising is essentially the relationship between two parties/business entities where one party is owner of a business who supplies goods and services, and grants a right for the other party to market and distribute the business’s product in the marketplace.
The legal framework concerning franchises and franchising is highly complex, and our experienced and professional Gold Coast Lawyers are able to provide you with comprehensive, tailored legal advice relating to all aspects of franchising and franchise law if you are considering purchasing a franchise, including (but not limited to):
- the most appropriate structure for your franchised business;
- the preparation of any documents which are necessary to allow you use of the franchise’s intellectual property including licence agreements;
- whether the franchisor has supplied you with all of the required disclosure documentation in accordance with the Franchising Code;
- understanding the risks associated with entry into the Franchise Agreement, and the obligations required to be complied with under the Franchise Agreement;
- making sure that you understand all of the costs involved in the set up of the franchise business and the ongoing cost of running the business;
- advice in relation to your existing business premises/lease and whether you are permitted to operate a franchised business out of them, including whether you can make any alterations to the fit out if required under the franchise agreement; and
- any other requirements or conditions of the franchise agreement that you need to be aware of.
Similarly, there are many areas where issues can arise for franchisors in relation to franchise agreements. Our team is also able to provide franchisors with legal advice in relation to:
- compliance with the disclosure requirements under the Franchising Code, including making sure that Disclosure Documents and Franchise Agreements comply with the Franchising Code of Conduct;
- ensuring that any advertising or conduct in relation to the franchise is not in breach of the Australian Consumer Law by being misleading or deceptive in nature; and
- providing audit checks and reviews on existing agreements to ensure that they take into account any legislative changes which may affect the validity or enforcement of the franchise agreement.
Feel free to contact one of our friendly Gold Coast Lawyers today on 5563 8970 to discuss your individual needs.
