Why franchisor’s need a franchising lawyer
Franchising is a niche area of the law and is subject to a number of complicated laws and regulations which franchisors must abide by when franchising their business. This includes the Franchising Code of Conduct. Franchisors must also comply with both federal and state based fair trading legislation such as the Competition and Consumer Act.
The combined effect of these laws and regulations is that franchisors must abide by rules relating to pre-contractual negotiations, ongoing disclosure requirements, franchise dispute resolution, and rules relating to the content of franchise agreements. A failure by a franchisor to abide by these rules can result in the ACCC imposing financial penalties on a franchisor. Equally as importantly, it can also negatively impact upon the enforceability of a franchise agreement, potentially resulting in significant financial loss for a franchisor.
It is therefore important for franchisors to have an experienced franchise lawyer on side to help them navigate the intricacies of franchising law. Our franchising lawyers partner with franchisors to take the stress out of franchising law, so that you can concentrate on what you do best-growing your business.
Our franchising solicitor can prepare all of the documents required to ensure that you comply with your franchising law obligations and to ensure that your rights are fully protected in your relationship with franchisees. This includes:
- Drafting your franchise agreement, disclosure documents, Franchising Code of Conduct compliance documents, franchise lease agreements, franchise licence agreements, operations manuals, employment contracts and any other associated transaction documents.
- Franchise risk management by reviewing your existing franchise documents and provide advice in relation to improving the protections afforded to you by those documents.
- Review your franchise’s compliance with the Franchising Code of Conduct.
- Undertake negotiations on your behalf with prospective franchisees and their lawyers.
- Represent you in any disputes with franchisees including negotiating resolutions to those disputes and where a negotiated outcome is not possible, conducting litigation on your behalf.
What makes us different?
Many law firms say they can assist franchisors, however many lack the all-round knowledge and expertise to provide the breadth of advice and guidance needed. Our franchising lawyers have extensive experience across all facets of the various areas of the law that are needed to protect your franchise including franchising law, competition law, property, commercial law, litigation and employment law.
We also partner and work closely with your nominated financial and business advisors to ensure that you have all of your bases covered.
Why choose Lawpoint?
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