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According to a recent report, franchising is one of Australia’s most dynamic and progressive business sectors, with an estimated annual sales turnover of $131 billion. After experiencing a plateau during the global financial crisis, the franchising sector has “shifted into recovery mode” and is again experiencing net growth. It is an area fertile with opportunities for entrepreneurs both small and large, domestic and international.

At Albatross Lawyers, we combine our legal expertise with first-hand franchising experience on an international level, which puts us in a better position to understand your business’ specific needs and provide long-term, practical advice. We can guide you through the franchising assessment process to decide “Is this for me?” or we can use our combined legal and business experience to better navigate the challenging franchising seas.

 

1. BECOMING A FRANCHISOR

Are you an entrepreneur with a replicable business model and a business that demonstrates strong financial performance?

=> You should explore becoming a franchisor.

 

For business owners with a successful business model, franchising offers you low-risk expansion opportunities with relatively small financial and administrative resources. Franchising your business is a low-cost way to improve your company’s market reputation and offers opportunities to develop economies of scale. However, it is a major business decision and requires consideration of a large range of legal implications, including:

  • Creating a legal framework suitable for franchisee expansion
  • Ensuring compliance with the Franchising Code of Conduct
  • Developing processes and manuals required to implement franchisee training and maintain consistency of your concept & system
  • Assessing peripheral legal issues such as employment legislation, competition, Occupational Health & Safety and leases

At Albatross Lawyers, we combine our legal expertise with first-hand franchising experience on an international level, which puts us in a better position to understand your business’ specific needs and provide long-term, practical advice. We can help you with:

  • Franchisee agreements and related deeds
  • Disclosure documents (and updates)
  • Long-term legal and business strategies
  • Assessing peripheral legal issues such as employment legislation, competition, Occupational Health & Safety and leases
  • Developing criteria for franchisee selection
  • Mediation
  • Operation manuals

2. EXISTING FRANCHISORS

Are you an existing franchisor seeking an expert franchising lawyer who is business minded and has hands-on experience as a franchisor and franchisee, both in Australia and overseas?

=> We can assist you with all your legal needs as well as overall franchising strategies, including international development, and the improvement of your operational franchising tools.

A large range of legal considerations arise in the franchising context such as:

  • Are your legal documents adequate for franchisee scrutiny?
  • Does your franchise agreement serve the interests of the business?
  • Are you compliant with the Franchising Code of Conduct?
  • Are your disclosure documents up to date and in line with current requirements?
  • Are there other legal areas or issues such as employment legislation, competition, Occupational Health & Safety, leases etc that you must consider?
  • Are you ready to accommodate multi-unit or master franchise enquiries and explore the full international potential of your concept?

At Albatross Lawyers, we combine our legal expertise with first-hand franchising experience on an international level, which puts us in a better position to understand your business’ specific needs and provide long-term, practical advice. We can help you with:

  • Franchisee documents tailored to your concept
  • Master franchise agreements or area development agreements
  • Disclosure document updates
  • Long-term legal and business strategies
  • Developing or improving criteria for franchisee selection
  • Mediation
  • Termination of franchise agreements
  • Operation manual improvements

3. BECOMING A FRANCHISEE

Do you want to change your life and become your own boss?

=> You should explore becoming a franchisee. We can walk you through the process and help you decide whether franchising is the right path for you.

 

If you are seeking the independence of owning a small business with the added security of buying into an established brand, franchising might be the ideal business model for you. By becoming a franchisee, you are making a serious investment of your money, time and effort, so it is critical to have trusted advice. Some things you need to consider:

  • Do you understand the nature of the agreement with the franchisor?
  • What are your legal obligations and are you prepared for the commitment?
  • Can you use your knowledge of the business, industry and market to negotiate a better deal?
  • What are the franchising terms and their business and legal implications?
  • Do you need to enter into a lease?
  • What other obligations do you have with approved or recommended suppliers of the franchisor?

At Albatross Lawyers, we combine our legal expertise with first-hand franchising experience on an international level. We have been franchisors and franchisees, so we are in a strong position to outline your rights, responsibilities and any potential pitfalls in an accessible manner. Usually, franchising agreements are heavily weighted in favour of the franchisor. While the law offers some protection, obtaining trusted advice before signing any agreement is vital.

 


4. EXISTING FRANCHISEE

Are you an existing franchisee in need of specific legal advice?

=> We can assist you with lease renewals, becoming a multi-unit franchisee, selling your franchise and other legal matters.

 

You may know the franchising world well but a trusted franchising law firm can bring you valuable advice. At Albatross Lawyers, we combine our legal expertise with first-hand franchising experience on an international level. We have been franchisors and franchisees, so we are in a strong position to outline your rights, responsibilities and any potential pitfalls in an accessible manner. We can help you with:

  • Renewing your existing franchise agreement
  • Helping you with your structure and legal obligations if you wish to explore becoming a multi-unit franchisee
  • Assisting you during lease renegotiations with landlords
  • Mediating potential disputes with your franchisor or landlords
  • Providing litigation services

At Albatross Lawyers, we combine our legal expertise with first-hand franchising experience on an international level. We have been franchisors and franchisees, so we are in a strong position to outline your rights, responsibilities and any potential pitfalls in an accessible manner. Usually, franchising agreements are heavily weighted in favour of the franchisor. While the law offers some protection, obtaining trusted advice before signing any agreement is vital.