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Franchising Your Business

Business owners across various industries, including fashion, food, real estate and professional services, have chosen to expand their businesses through franchising. Franchising, at its core, involves a franchisor assigning the right to a franchisee to market and distribute goods or services under their brand. Our franchising team can assist in all areas of franchise law, including:

  • drafting the template Franchise Agreement and Disclosure Document (and annexures including Prior Representations Deeds and Confidentiality Agreements);
  • filing applications to register any business names or logos as a trade mark;
  • preparing or reviewing licence and distribution arrangements;
  • ensuring your franchise documents align with any lease documents, if applicable; and
  • advising on your obligations under the Franchising Code of Conduct.

Our franchising lawyers are recognised experts in the franchising space. We have assisted local businesses to expand their operations nationwide, as well as international franchisors looking to launch in Australia.

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5 things you need to know about Franchising Your Business

  • Many successful business owners decide to franchise their businesses to grow quickly, with motivated franchisees leading expansion. For the right business, franchising can be a game changer, building scale quickly in a way that would not be possible simply with organic internal growth.
  • The key to building a successful franchise is recruiting great franchisees. Your franchisees are the face of your business, building your brand and delivering your product or service to your customers. Recruit well and develop your first franchisees into brand ambassadors and your franchise is likely to be successful.
  • Franchising is governed by the Franchising Code of Conduct, which means your legal structure must be set up by a lawyer with a detailed knowledge of the Code. Your franchise documents must comply with the Code requirements, so that your business is based on a firm legal foundation.
  • The two key documents when franchising your business are the Franchise Agreement and the Disclosure Document. Your lawyer will draft both of these with your input. You will also need to create a detailed operations manual for the franchise, which sets out the specific details of how the franchise is operated day to day, such as exactly how products are made and provided to the consumer.
  • Franchising is a complex area of the law, and an experienced franchising lawyer will provide two valuable types of advice – (i) what the Code requires and (ii) insight into market practice for comparable franchise systems in the real world.

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    LegalVision caters to a full range of commercial law needs. Our lawyers are specialists who bring extensive experience from working at leading law firms in Australia, the United Kingdom, New Zealand and across the world.

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We’re an award-winning law firm

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    2023 Fast Firms - Australasian Lawyer

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    2022 Law Firm of the Year - Australasian Law Awards

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    2021 Law Firm of the Year - Australasian Law Awards

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    2020 Excellence in Technology & Innovation Finalist - Australasian Law Awards

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    2020 Employer of Choice Winner - Australasian Lawyer