Franchise Law
In franchising, licensing, and distribution, our law firm has had the opportunity to work with many prestigious franchisors, as well as many start-ups and midscale franchisors. Our franchise lawyers have been called on to assist with:
Legal Services for Franchisors:
The franchise lawyers at Legal Care Australia represent both franchisors and franchisees. On behalf of our franchisor clients, our law firm provides annual regulatory compliance services like Franchise Disclosure Document maintenance and exemption guidance, and ongoing business and strategic advice regarding how the franchise system is structured or should be restructured, loyalty programs, and how and when to use major or minor promotions. Our franchise lawyers have expertise in sales and renewal issues, handling disputes over franchise rights and obligations, defaults, terminations, and bankruptcy filings. For many of our franchisor clients we act as outside general counsel, providing advice regarding every aspect of their business from their intellectual property assets to their real estate and tax concerns.
The following are a few of legal services that our law firm can provide to franchisors:
- Review, analyse, and modify existing franchise documents
- Update disclosure documents to comply with the Franchising Code of Conduct and Australian Consumer Law requirements
- Dealing with the Australian Competition and Consumer Commission (ACCC) relating to fines and penalties for serious breaches of the Code
- requirement for franchisors to provide an information sheet to prospective franchisees that outlines the risks and rewards of franchising
- Register Franchise Disclosure Documents in all franchise registration states
- Assure legal compliance in staff training and operations
- Assure legal compliance of marketing strategies
- Assist in merger, acquisition, and financing transactions
- Coordinate and/or act as lead counsel in franchise litigation and dispute resolution matters
- Review trademarks, service marks, and other intellectual property
- Implement master franchising, area developer, and area representative arrangements
- Review and negotiate franchise and business opportunities.
Legal Services for Franchisees:
Our lawyers also provide legal counsel to franchisees in connection with the acquisition of a franchise, sale of their franchise, and/or the operations associated with their franchise. Our franchise lawyers regularly assist franchisee clients with the following:
- Becoming a franchisee and evaluating a franchise opportunity
- Structuring a new franchise, including partnership, shareholder, and operating agreements
- Reviewing disclosure documents
- Review and/or draft leases, confidentiality agreements, construction agreements and other ancillary agreements
- Renewing existing franchise agreements
- Structuring and negotiating franchise sales and transfers
- Pursuing contract enforcement and termination issues
- Preparing franchise system exit strategies
- Setting up franchisee associations.