Franchise Lawyers Gold Coast
BUSINESS & COMMERCIAL LAW
Want to own a franchise on the Gold Coast? Take the time to understand how franchising works and get trusted legal advice before entering into an agreement.
When considering buying a franchise, it is essential that you have a comprehensive understanding about the franchising system and the specific business you are buying. Attwood Marshall Lawyers offer trusted legal advice to ensure your best interests are protected and your legal obligations have been met.
Our franchise lawyers on the Gold Coast are ready to guide you through the buying process to ensure you are making an informed decision. Franchise and licence agreements can be extensive. We will make sure all your bases are covered, so that you can have confidence that you are setting yourself up for success.
We can 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 documentation is in order
- Facilitate settlement and meet all required deadlines
Attwood Marshall Lawyers have been supporting business owners for over 75 years and offer a wealth of knowledge in commercial purchases and sales. Our Gold Coast franchise law team will handle your matter meticulously and you will be kept up to date every step of the way.
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Gold Coast Franchise Law FAQs
A Franchise Agreement is the most significant document when embarking on a new franchised business endeavour. A Franchise Agreement is a contract that is legally binding between a franchisee and franchisor.
The Agreement outlines the responsibilities of all parties, and contains information about what fees the franchisee must pay, the terms of the agreement, any restrictions that apply regarding using the franchisor’s branding and intellectual property, what rules must be followed, marketing or promotional requirements, dispute resolution mechanisms, and when the agreement can be terminated.
In most instances, the franchisee is given a minimum of 14 days to review the Agreement. Anyone considering buying a franchise should use this time wisely to get appropriate legal and financial advice.
Franchisees and franchisors must comply with the franchising code of conduct. The code limits what a franchisor can include in a Franchising Agreement and restricts franchisors from giving franchisees information of a misleading or deceptive nature.
The code provides for penalties if there is noncompliance from either party. It allows a cost-effective dispute resolution scheme and sets out the rules of conduct for all parties involved in the franchise.
Franchisors are obligated to provide certain documents to a potential franchisee before an agreement is entered into.
These documents include:
- information statement
- disclosure statement
- a copy of the Franchising Code of Conduct
- key fact sheet
- a copy of the proposed Franchise Agreement; and
- a copy of any relevant leases and lease documentation.
Our Gold Coast Franchise Lawyers will ensure all documents are reviewed and drafted accordingly and can provide advice on all aspects of a franchise transaction.
A licence grants someone the permission to use a design, technology, product, or trademark in their own ventures, leaving little control to the licensor as to how that is used once a licence is granted. A franchise, on the other hand, allows a franchisor greater control over a business, giving another party (the franchisee) the right to open a business modelled after the franchisor’s business which already has a well-known reputation.
Licensing is generally cheaper than franchising. However, franchisees are offered additional benefits including exclusive location rights to sell their product or service, ongoing support by franchisors through management training, financial assistance and professional guidance throughout the life of the agreement.
The decision whether to enter into a franchise agreement or a licence agreement will most likely depend upon the purpose of the business. It is vital to seek legal advice from an experienced franchise lawyer to discuss your intentions before entering into an agreement.