Franchising & Franchise Development
Elevation Legal work with and advise clients in relation to all facets of franchising their business including the formation of the business, development of the franchised system and operations manual, intellectual property protection of the franchise, trade marks and branding and protection of the franchised system, through to ongoing operational considerations for franchised businesses.
Whilst we will work with you to ensure your franchised system is legally compliant with the regulatory framework in Australia (as created by the Franchising Code of Conduct and Trade Practices Act) or even overseas we will always maintain a commercial focus having regard to the specific industry sector in which your business operates and to trends in franchising practices generally.
When acting for the Franchisor (or Master Franchisee) the services we can offer are summarised as follows:
The development of appropriate legal documentation including:
* Franchise Agreement or Master Franchise Agreement;
* Disclosure Document;
* drafting or assisting with the preparation of the Franchise Operations Manual;
* Confidentiality/Non-Disclosure Agreements;
* Trade Marks Licence Agreement;
* Intellectual Property Licence Agreements (if required);
* Software / System Licence Agreements (if required);
additionally we can advise on or assist with:
* compliance advice – specifically relating to the Franchising Code of Conduct (FCC) and Trade Practices Act (TPA) but also more generally including in relation to Privacy, SPAM etc.
* franchisee negotiations and franchisee selection;
* financing and finance negotiations;
* leasing of franchisee operational premises and property matters generally;
* organisational risk management advice and strategy;
* intellectual property rights protection, management and enforcement;
* non-litigious dispute resolution;
* working closely with branding consultants and strategists we can assist with development of a franchise name and brand identity which is legally protectable;
* trade mark protection, selection, licensing and franchise brand management and strategy.
Although we generally act for franchisors/master franchisees we can provide the following services to franchisees:
* business structuring advice;
* detailed review and commentary on all franchise legal documentation (as referred to above);
* advice on the FCC and TPA – the content of these documents and franchisee compliance with them;
* advice on retail or commercial leases;
* advice on licences required as part of the franchised system;advice on intellectual property rights and the extent of licences granted to the franchisee under the franchise;
* advice in relation to franchise dispute resolution and dispute avoidance.
Our franchising experience
Elevation Legal’s lawyers have acted for a wide variety of franchisors and franchisees (as well as licensors and licensees and distributors) offering a diverse range of products and services including for instance – cafe’s, care care services, business services, on-line franchised services, hair product suppliers, hair re-growth clinics, health service franchises, mobile refuellers etc. For more information on our experience and how we might help you please feel free to speak with us.