Specialist Franchise Lawyers in Sydney, NSW

Franchising completely transforms the way you do business, for both the franchisee and the franchisor. 

This is mostly due to the contractual nature of franchising. A franchise agreement is a legal contract that specifies the obligations both the franchisee and the franchisor must comply with. It is important to understand what exactly you are agreeing to when you draft or sign a franchising contract. To help clear any complexities, it is recommended that people considering franchising discuss any legal concerns with franchising lawyers. NSW-based, Atkinson Vinden’s lawyers can provide timely, comprehensive advice for those considering franchising.

Atkinson and Vinden’s franchise lawyers go beyond just advising clients on legislative compliance and the franchising code of conduct. Our regular briefing sessions allow our lawyers to develop constructive insights into your company’s goals, and provide you with the necessary legal, franchising and commercial guidance to help you achieve those goals.

If you are looking for franchise business lawyers in NSW, or for further information in relation to Franchising, please do not hesitate to contact any member of our Commercial Law Team.

The role of a Franchise Lawyer

Both buying a franchise and becoming a franchisor involve certain risks. This makes the success of franchising endeavours contingent on finding the best franchise business lawyers to suit your needs.

Franchisees must navigate more regulations than an independent small business. Therefore, it is important that individuals who are considering buying a franchise understand their rights, and do not feel pressured into signing an unfair contract. Owning a franchise means following all of the franchisor’s rules – even the ones you may feel are not good for business. It is important for potential franchisees to not get swept up in a seemingly great franchising deal without first doing their own research. Contacting current and previous owners of the franchise is a recommended first step. Franchise lawyers can also assist you in both the initial and late stages of considering a deal. Atkinson Vinden’s franchise lawyers in NSW have extensive experience in identifying the features of a successful franchising contract, and can provide you with confidence that you are making a sound business choice.

Franchise lawyers are also an essential point of reference for businesses looking to franchise. Before franchising a business, numerous details need to be addressed, such as creating a business plan, enforcing transparency, conforming to the demands of the Franchising Code, drafting a Franchising Agreement, forming a Franchise Management team and protecting your intellectual property. Franchise lawyers streamline this complex process by verifying that your business complies with legislation, and ensuring that your franchising objectives are met.

Our franchise lawyers are well-versed in all of the primary and secondary issues that emerge from franchising agreements. Legal areas that can accompany franchising include:

  • Business law
  • Tenancy law
  • Employment law
  • Contract law
  • Intellectual property law
  • Vicarious liability
  • ACC investigations

  • FRANCHISING IS A SPECIALIST AREA

    Atkinson Vinden has always proved a leader in providing commercial advice in commercial transactions and in particular the niche area of franchising. Franchising is a commercial relationship where the franchisor licences or assigns to third parties rights to distribute, market or sell the franchisor’s product and brand over time.

    Whilst franchising possesses many elements of a commercial transaction, it is a specialist area heavily regulated by the Australian Consumer and Competition Commission and the Franchising Code of Conduct (Code). The Code creates legislative protections for both franchisors and franchisees which cannot be contracted out of.

  • BUYING A FRANCHISE

    For a franchisee, buying a franchise can be a very rewarding exercise if the client is clear on its rights and responsibilities. Franchise agreements and associated documentation are usually lengthy and can be quite overwhelming. We provide our clients with a detailed review of the documentation to ensure they fully understand what they are signing. Our franchising specialists negotiate in good faith seeking for a fair outcome based on industry standards, ensuring the commercial relationship between the parties is not frustrated.

  • ACTING FOR A FRANCHISOR

    When acting for a franchisor, we draft our agreements to protect our client’s brand and compliance with the Code, avoiding severe ramifications in the future. It is not unusual for us to review franchise agreements for franchisors where it becomes apparent that the agreements do not comply with the Code which exposes the franchisor for severe penalties and scrutiny from the ACCC. Our lawyers draft and negotiate in a commercial manner based on industry standards, simplifying the process between the parties enabling the franchisor to focus on expansion by securing as many franchises.

  • HOW WE CAN HELP

    Our franchise advisors in Sydney have represented both franchisors and franchisees in many industries and in various stages of the franchising relationship between the parties. Some of these include:

    • Franchising Code of Conduct compliance for both franchisees and franchisors;
    • Advising prospective franchisees;
    • Reviewing, advising and negotiating various franchise documentation for a franchisee;
    • Drafting franchise documentation including disclosure documents, franchise agreements and relevant licences;
    • Sale and purchase of franchises;
    • Dispute resolution between franchisors and franchisees; and
    • Commercial litigation for more complex disputes.

    For both franchisees and franchisors, comprehensive legal advice is integral to a successful business. Our franchise lawyers have the expertise and experience to clarify the complex legal framework for our clients, ensuring they make the best decision for their business. If you are thinking of becoming a franchisee or franchisor, please get in touch with us for an obligation-free consultation.

PDF

Protecting your reputation starts with simplifying the complex. This handy checklist should quickly point you in the right direction and help you understand whether you have a case, and where to start to secure the best possible outocme.