Franchising

The key to successful franchising is ensuring that the legal agreements underpinning the businesses relationship provide a balanced and fair framework for managing how franchisor and franchisee interact. After all, in most cases, you are entering into a long-term commercial arrangement so it is smart to start on both a positive and collaborative note.

At TNS Lawyers, we have experience acting for both franchisors and franchisees.

Our law firm includes franchise lawyers with extensive experience working in both small and large businesses, as well as franchises. This means that they take a commercial and pragmatic approach to advising our clients. While ensuring you are compliant under the Franchising Code of Conduct, they cut through the complexity, keep the legalese to a minimum, and focus on using the law to help you build a strong business relationship.

We have experience advising franchising clients operating in the following industries:

• Automotive
• Hospitality, including fast food
• Real estate
• Retail

Are you thinking about expanding your business?

If you are thinking about franchising your business, you should talk to us. We can assist with:

• • Working out whether franchising is the right option for your business
  • Advising on franchising structures (whether you should enter into a licensing, reseller, agency or distribution agreement)
  • Drafting franchise and disclosure agreements that are designed to encourage fruitful and long-term business relationships
  • Advising on property issues, including commercial and retail shop leases
  • Drafting terms of trade and supply agreements
  • Advising on how to protect your intellectual property
  • Advising on compliance with the Franchising Code of Conduct
  • Advising on human resources packages and employment contracts
  • Advising on commercial property and retail leases

Are you considering buying a franchise?

If you are considering buying a franchise, you will be presented with a large amount of paperwork containing a series of complex legal agreements. You should always seek independent legal advice before signing on the dotted line.

We can help with:

• Reviewing, explaining (in plain English) and negotiating:
• o Franchise and licensing agreements
  o Disclosure documents
  o Business sale contracts
  o Commercial property and retail leases
• Undertaking due diligence
• Settling the sale of a business
• Assisting with migration or visa issues

In each case, we will break up the agreement and explain the key terms to you in clear and plain language so you understand the precise nature of the business relationship you are entering.

Are you in a franchising dispute?

If you are involved in a franchising dispute, you need to resolve it as quickly and cost-effectively as possible.

We are experienced with managing disputes as set out in the Franchising Code of Conduct.

As skilled litigators, we are also well equipped to take any matter to court if necessary.

Most importantly, we understand that being involved in a franchising dispute doesn’t necessarily mean that you want to end the commercial relationship. While we will always act as your advocates, we also understand that it is important for us to handle any dispute both sensitively and diplomatically.

If you need legal advice on a franchising issue, please call us on +61 3 9052 3214 or email us at info@tnslawyers.com.au

USEFUL INFORMATION ON FRANCHISING

ACCC Franchise Code of Conduct
Franchising Code FAQ
Buying a Franchise
Buying or Franchising Your Own Business