“Our years of expertise and practical approach to franchising arrangements ensures efficient and proactive results for our clients.”
SPG Lawyers have been acting for both franchisors and franchisees for more than 30 years.
Whether an established franchise system, someone looking to establish a franchise or a person looking to buy into a franchise, our years of expertise and practical approach to franchising arrangements ensures efficient and proactive results for our clients.
Our knowledge and expertise ensure you a streamlined process which not only adds value but saves you time when it counts.
Whilst franchising has its advantages it also has limitations and issues. We have seen and provided advice on numerous different structures and models over the years, to provide guidance and assistance in deciding whether a franchise is suitable to you.
In our dealings with clients we are always happy to discuss and outline fee arrangements; we seek to work with clients to ensure our clients have a clear understanding of likely costs and expenses, and that we are providing what our clients expect, in order to provide great value.
Specialised documents and legislation
Franchisors need to be aware of and comply with various legal obligations including those set out in the Franchising Code of Conduct. Without the correct documents, updated to consider the most recent legislative changes, franchisors risk statutory compliance and contractual issues.
The operation of a franchised business is different to other types of businesses. The franchise agreement is usually drafted to suit the specific franchise arrangements; no two franchises are the same. For example, franchise agreements often contain restrictive arrangements, such as restrictions on sale or operating competing businesses.
We are constantly negotiating these for both franchisors and franchisees and are well placed to provide practical advice and explain the real world meaning of terms.
Services we offer
- Advice in relation to compliance issues associated with starting a new franchised business and any ‘master agreements’ from Australian or Overseas entities;
- Structuring of franchisor entity and associated asset holding entities;
- Preparation and issue of Disclosure Statements;
- Preparation and issue of Franchise Agreements;
- Negotiation and preparation of occupancy/licence arrangements;
- Acquisition of existing franchise (as Franchisor);
- Intellectual property (trademark, design) registration and protection;
- Assisting with first rights of refusal and transfer of franchise businesses;
- Dispute resolution.
Although the Franchising Code of Conduct sets out minimum standards of disclosure, franchise documents and conduct by franchisors, we always recommend that potential franchisees should still obtain independent legal, financial and business advice before proceeding. Some of the areas where we can assist include:
- Assist in all aspects of the acquisition or disposal of new or existing franchised businesses;
- Guide you with the proposed franchise business being contemplated, including the structuring to best suit your goals;
- Give guidance and advise in relation to the franchisor disclosure material, franchise agreement, occupancy documents (licence / lease arrangements) and all other ancillary documents;
- Negotiate with the franchisor, to seek amendments where necessary and complete documents;
- Assist with review of finance documents and re finance of existing businesses;
- Dispute resolution.