It can be an exciting time when you are considering buying or selling a franchise. It is a big financial decision that may be a lucrative business venture for the purchaser and the seller. It is essential that both parties understand the legal complexities in franchises. PW Lawyers can help you navigate your way through purchasing or selling a franchise. We can provide you with a range of legal services to ensure that all decisions that you make are compliant with Australian laws and regulations. These services include:
- Helping the potential franchisee to conduct due diligence.
- Examine or prepare any franchise disclosure documents to help identify any risks, benefits, liabilities and any other obligations.
- Negotiate the terms of the franchise agreement.
- Provide advice on regulatory compliance with the Franchising Code of Conduct, the Australian Consumer Law and other relevant legislation.
- Prepare or examine any lease agreements.
- Help you understand any intellectual property rights such as trademarks, copyright, logos and trade secrets.
- Help you understand non-compete agreements.
- Assist with the sale or purchase of the franchise.
- Provide dispute resolution if there is a disagreement between the franchisor and franchisee.
- Assist with any breach notices under the franchise agreement.
- Ongoing legal support post the purchase or sale of the franchise.
The franchise agreement is one of the most important considerations you need to make when purchasing or selling a franchise. It is a legal agreement between a franchisor and a franchisee that outlines the terms and conditions that the franchisee will follow when operating under the franchisor’s brand. It also outlines the obligations and rights of the franchisee and ensures that both parties are complying with the Australian Franchising Code of Conduct. PW lawyers can review the franchise agreement to ensure that it is legally compliant by examining:
- The terms and conditions
- The royalty and fee structure
- Any restrictions on location
- Renewal conditions, exit clauses and termination provisions.
Contact us for a free-thirty-minute consultation with a lawyer that specialises in franchises.
Any information on this website is general in nature and should not be taken as personal legal advice. We recommend that you speak to a lawyer about your personal circumstances.