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Franchise Law

Franchising is a vital pillar in the Australian business sector, providing a pathway for brands to expand and individuals to step into business ownership with the backing of an established name. This business model is built on the idea of mutual growth: franchisors extend their reach while franchisees invest in a proven system. Yet, the success of a franchise hinges on more than just good business sense. It’s anchored in a complex legal framework that can be as daunting as it is binding. The intricacies of laws and regulations that make up Australian franchising law is designed to maintain fairness and clarity in these business relationships.

Given this complexity, it’s clear why legal guidance is not just helpful but essential when considering franchising. Whether it’s understanding the obligations under the Franchising Code of Conduct, negotiating terms, or ensuring the franchise agreement is watertight, the role of a lawyer with franchising experience becomes invaluable.

As lawyers with many years of franchising experience, the team from Rise Legal don’t just navigate the legalities; we help franchisees and franchisors lay a foundation for success that’s compliant and secure. With the right legal support, those entering the franchise world can do so with confidence, knowing they are well-equipped to handle the franchising sector’s regulatory environment. We have offices located in Perth, Sydney and the Gold Coast, servicing businesses Australia-wide.

What Can Our Franchise Lawyers Do For Franchisors?

 We can assist new and existing Franchisors with the legalities and processes they must comply with so they can either set up or simply get on and run their franchise.

  • ZPreparing Franchise Agreements and Disclosure Documents
  • ZCompliance with the Code
  • ZBusiness structuring advice
  • ZCommercial Leasing
  • ZProtection of your intellectual property
  • ZFranchise Agreement Renewals
  • ZFranchise Agreement Variations
  • ZFranchise Agreement Transfers
  • ZAnnual Compliance updates

At Rise Legal, our franchise lawyers are adept at navigating the multi-faceted realm of franchising law, providing a comprehensive suite of services to franchisors. Our experience extends to crafting bespoke Franchise Agreements and Disclosure Documents that not only meet the stringent requirements of the Franchising Code of Conduct but also serve the unique needs of your franchise system. Recognising the significance of compliance, our team ensures franchisors adhere to the mandatory Code, which is rigorously enforced by the Australian Competition and Consumer Commission. Services include business structuring advice, commercial leasing, protecting intellectual property, and managing agreement renewals, variations, and transfers, as well as annual compliance updates​​.

In the highly regulated Australian franchise sector, our lawyers’ specific experience and qualifications come to the fore. We offer peace of mind that all aspects of franchise law—from setting up new systems to providing fresh eyes on existing documents—are handled with the utmost proficiency. We encourage prospective and current franchisors to begin their journey by booking a free call with one of our experienced franchise lawyers to ensure their legal framework is robust, fair, and compliant​.

Franchise Agreements

Franchise Agreements, Contracts and Other Legal Services Gold Coast, Perth and Sydney

A franchise agreement is a legally binding document that lays out the terms and conditions of the franchisor-franchisee relationship. This agreement is the keystone of franchising, detailing the duties and expectations of both parties. It sets the stage for the operation of the franchise, including the use of trademarks, the provision of operational support, and the adherence to the franchisor’s established business model. Its contents can cover everything from the initial franchise fee, ongoing royalties, marketing commitments, to the duration of the franchise and renewal options.

The Franchising Code of Conduct in Australia plays a critical role in this dynamic. It’s a mandatory industry code across Australia that regulates the conduct of franchising participants towards each other. The code affords franchisees certain protections, such as the right to a cooling-off period, the right to form and participate in franchisee associations, and access to essential information before entering into an agreement. It also mandates that franchisors provide potential franchisees with a disclosure document, containing vital information to help them make an informed business decision.

Common clauses in franchise agreements include renewal rights, which outline the terms under which a franchisee can continue their business after the initial term; termination conditions, specifying how and when a franchise agreement can be ended; and dispute resolution procedures, which establish the process for handling conflicts between franchisor and franchisee. These clauses are crucial, as they delineate the future of the franchising relationship and can have profound implications for both parties’ business operations and investments.

Given the intricacies and the potential impact of the franchise agreement, it’s paramount that it be reviewed by a lawyer with franchising experience. The Rise Legal team ensure that the agreement adheres to the Franchising Code of Conduct and protects the franchisee’s interests. They can identify any terms that may be unfair or onerous, negotiate on behalf of the franchisee, and provide clarity on complex legal language. Ultimately, a franchising lawyer’s review can be the difference between a franchise thriving under a fair and equitable agreement or struggling due to legal oversights.

We Are Committed to Quality Franchising Legal Services

The Franchising Code of Conduct outlines the rights and responsibilities of franchisors to franchisees, including particular requirements for disclosure of information, the provision of a cooling-off period, and unconscionable conduct. Only by knowing these things can you take adequate steps to set up a compliance system to protect you from defaulting under your franchise Code obligations.​

Complying with the Code is mandatory. It’s enforced by the Australian Competition and Consumer Commission and the penalties for breaching the Code are quite severe.

At Rise Legal, we pride ourselves on being experienced in the franchising legal space. Our commitment is rooted in a deep understanding of our clients’ businesses, ensuring that the advice we provide is not only legally sound but also tailor-made to align with your unique business model and objectives. We recognise that every franchisor has their own set of visions and challenges, and our approach is to address these with personalised legal strategies.

To facilitate this, we offer a complimentary initial consultation. This no-obligation conversation allows us to delve into your specific needs and outline how our services can support your franchising venture. Engaging with our team is a straightforward process, starting with this initial meeting, where we listen intently to understand your business before advising on the next steps. This is your opportunity to experience our expertise firsthand and see the difference a lawyer with real-world franchising experience can make.

Rise Legal team photo - Gold Coast
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There are many legal considerations to take into account when it comes to setting up, buying or selling franchises, so it’s important to get advice from a commercial lawyer to ensure you comply with all the regulations and requirements.

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