Franchising

FRANCHISING

Our commercial lawyers have a lengthy history of successful experience across the full-spectrum of commercial contracts, while also developing expertise in franchising. Our Gold Coast team has completed specialised work ranging from conventional franchising to large complex agreements.

COMMERCIAL LAWYERS WITH EXPERTISE IN ALL PERSPECTIVES OF FRANCHISING

Throughout our history of assisting clients to perform franchising agreements, we have developed our capacity to provide guidance to franchisors, franchisees, licensors and licensees. This is particularly the case for the major property issues that have to be considered and afforded appropriate contractual controls to ensure the protection of both parties to a franchising agreement.

We have experience in assisting business owners in the development of an appropriate franchise model that can be rolled out effectively to suit the particular business model in question. Our commercial lawyers bring an experienced eye to the drafting of appropriate franchise agreements while simultaneously ensuring compliance with the Franchising Code of Conduct and the Competition and Consumer Act 2010.

TAILORED ADVICE AND FRANCHISE MODEL STRUCTURING

Our Gold Coast team understands that every franchise brings a unique blend of experience and operational efficiency to the table, which is why we go the extra mile to ensure that your vision is properly transferred into every franchise we create on your behalf. For us, that means providing comprehensive assistance to tailor documentation to your particular franchise at the development stage.

At the same time, we work with franchisors to establish a best practice model in terms of corporate structure that best enables asset protection, tax minimisation, the preservation of intellectual property rights and the continuing expansion of the franchise at scale. Moreover, we often find that our franchise clients opt for access to our full suite of legal services in corporate, commercial and employment law.

UNDERSTANDING THE STRENGTHS AND WEAKNESSES

Ramsden Lawyers are strong advocates for the franchising business model due to the inherent advantages of having an establishing business plan with a proven track record. Franchises bring with them the advantage that operations have already had the chance to be tested, adjusted and re-tested until the franchisor is confident the model can be scaled. We also recognise the power of a collective marketing effort and the subsequent cost savings it can facilitate. Ramsden Lawyers promotes the unique ability of franchises to operate independently but within the safety of overall guidelines with proven effectiveness.

However, our lawyers are also experienced in accommodating for the potentially significant weaknesses of franchising. This can include making appropriate contingencies and risk management plans to allow for the large initial investment required to establish a franchise. This cost is two-fold: a franchisee must outlay both for the licensing of the franchise name, then also outlay all the normal costs associated with a start-up. Without specialist and expert guidance from our Gold Coast lawyers, franchisees expose themselves to the risk of financial strife. We also provide advice on the overall legality and market fairness of a franchise agreement.

Our expert team advises franchisors on constructing effective and legal contractual terms to include in their franchising agreement to foster the entrepreneurial spirit of franchisees while ensuring they operate within appropriate guidelines. We guide franchisors in creating appropriate oversight and corporate authority to ensure quality control across multiple locations as not to tarnish the overall brand reputation.

OUR AREAS OF EXPERTISE INCLUDE:

  • Corporate and franchising compliance
  • Franchise models
  • Drafting franchise agreements
  • Disclosure documents
  • Structuring business models
  • Asset protection
  • Tax minimisation
  • Intellectual property (IP)
  • Employment law

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