Franchise Lawyers in Sydney
BUSINESS & COMMERCIAL LAW
Want to own a franchise? Take the time to understand how franchising works and get trusted legal advice from a franchise lawyer in Sydney before entering into an agreement.
If you are thinking about buying a franchise, it is important to ensure you have a comprehensive understanding about the franchising system and the specific business you are buying. Attwood Marshall Lawyers offer trusted legal advice so that you can have confidence that your best interests are protected and that your legal obligations are adhered to.
Our Sydney Franchise Lawyers 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 you dot all your I’s and cross all your T’s, so that there are no nasty surprises along the way.
Our seasoned franchise lawyers in Sydney 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 to happen on time
Attwood Marshall Lawyers have been supporting business owners for over 75 years and offer a wealth of knowledge in commercial purchases and sales. Our team will handle your matter efficiently, with a great attention to detail.
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Franchise Lawyers – Frequently Asked Questions (FAQs)
A Franchise Agreement is the most vital document in a franchising relationship. A Franchise Agreement is a legally binding contract between a franchisee and franchisor and is generally in place for many years.
The Agreement sets out the franchisee’s, and franchisor’s, responsibilities and rights and includes information about what fees the franchisee must pay, what the terms of the agreement are, what restrictions apply to using the franchisor’s branding and other intellectual property, what rules must be followed, if there are marketing or promotional requirements the franchisee must participate in, when the agreement can be terminated, and a mechanism to resolve disputes that may arise.
Generally, a franchisee is given a minimum of 14 days to review the Agreement.
We strongly recommend anyone considering buying a franchise use this time to get 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 limits what a franchisor can put in a Franchising Agreement and restricts franchisors from giving franchisees information that may be misleading or deceptive.
The code provides for penalties if there is noncompliance from either party, it allows a cost-effective dispute resolution scheme, and it sets out the meaning of conduct of 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 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 a copy of any relevant leases and lease documentation.
Our Sydney Franchise Lawyers can ensure all documents are reviewed or drafted accordingly and can provide advice on all aspects of a franchise transaction.
A licence grants someone the permission to use a product, design, technology, or trademark in their own ventures, leaving little control or rights to the licensor. 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 that has an established name and reputation.
Licensing is generally cheaper than franchising, however franchisees are offered additional benefits in a franchising agreement by being granted exclusive location rights to sell their product or service. Franchisees are also given support by franchisors which may include management training, financial assistance, and ongoing guidance throughout the life of the agreement.
The decision whether to enter into a franchise agreement or licence agreement will come down to the purpose of the business. It is vital to get competent legal advice before entering into either a franchise agreement or licence agreement.
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For professional and personalised business and commercial legal advice, contact our Sydney franchise lawyers today.