Franchise Lawyers Brisbane
BUSINESS & COMMERCIAL LAW
Are you interested in setting up a franchise in Brisbane?
Our franchise lawyers can help you understand what your obligations and rights are when entering a franchising agreement to ensure your best interests are protected.
Buying a franchise needs much consideration and it is essential that you get the right legal and financial advice before signing anything. As experts in business and commercial law, our franchise lawyers in Brisbane can help you navigate the buying process, ensuring you make an informed decision and there are no nasty surprises along the way.
We’re here to help you:
- Understand your rights and obligations under a franchise agreement or licence
- Review any leases in place
- Ensure you understand what rights and obligations may apply under retail legislation and council requirements
- Ensure all documentation is in order
- Meet any deadlines required to enable settlement to happen seamlessly.
Attwood Marshall Lawyers have supported business owners for over 75 years and offer a wealth of local and industry knowledge in commercial purchases and sales.
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Brisbane Franchise Law FAQs
The most significant document in a franchising relationship is the Franchise Agreement. It is a legally binding contract between a franchisee and franchisor.
The Agreement describes the franchisees and franchisor’s responsibilities and rights. Contained within this document is information regarding the fees the franchisee must pay, the terms of the agreement, any restrictions applicable to the use of the franchisor’s branding or intellectual property, the rules to be adhered to if there are marketing or promotional requirements the franchisee must participate in, the timeframe around when the agreement can be terminated and also the procedure to be undertaken when attempting to resolve any disputes that may arise.
Normally a franchisee is given a minimum of 14 days to review the Agreement.
Anyone considering buying a franchise should act quickly and use this time to obtain trusted advice from an experienced commercial lawyer and accountant before signing the agreement.
Franchisees and franchisors must comply with the franchising code of conduct.
The code sets out:
- Strict requirements in relation to disclosure of relevant information
- Penalties if there is noncompliance from either party
- A dispute resolution procedure if disputes arise
- The particulars in which a franchise agreement may be terminated
Franchisors must provide certain documents to a potential franchisee before an agreement is entered into.
These documents include an information statement, disclosure statement, a copy of the Franchising Code of Conduct, a key fact sheet, a copy of the proposed Franchise Agreement, and any relevant leases and lease documentation.
Our Brisbane Franchise Lawyers are able to assist franchisees in reviewing documents and provide advice on all aspects of the transaction.
A licence delivers the right for a person to use a product, design, technology, or trademark in their own ventures, leaving little control or rights to the licensor. A franchise allows a franchisor greater control over a business, whilst granting another party (the franchisee) the right to open a business modelled after the franchisor’s business which already has an established brand and reputation.
Franchising is usually more expensive than licensing. For the added expense, franchisees are offered additional benefits in a franchising agreement by having an exclusive location designated to them in which they may sell their product or service. Franchisees are also able to access valuable business knowledge and support by franchisors. Some examples of this support would include management training, financial assistance, and continued guidance, whilst the agreement is in place.
When it comes to choosing between a franchise or licence agreement it is vital that competent legal advice is sought beforehand to ensure you make the right decision to suit your needs.