Franchisors offer and sell franchise opportunities to prospective franchisees, granting them the right and obligation to establish and operate a franchised location. This can involve a myriad of legal issues, which is why franchise lawyers who understand the role of both parties are generally required to oversee the process. There are several ways a franchise lawyer can help both franchisors and franchisees. This includes going over the many different aspects, drafting agreements and statements, assisting with disputes, and providing continued support and advice as they grow to ensure compliance.
: Going Over Different Aspects
There are many aspects involved in setting up and expanding a franchise, or becoming part of one. Fortunately, franchise lawyers understand the full range of issues from both perspectives. They’re trained to go over everything, formulating strategies to navigate each step and developing fool-proof plans to achieve the best outcome for all involved. They can go over:
- Compliance with the Franchising Code, Australian Consumer Law and other laws
- Information that needs to be provided to prospective franchisees
- The terms of a standard franchise agreement
- Internal procedures for handling complaints
- Protections against claims of vicarious liability
Whether a franchisor wants to grow and expand their business, or a franchisee wants to benefit from an established system and reputation, a lawyer who works in franchise law can help.
Drafting Agreements & Statements
Documentation is vital to the success of a franchise. For franchisors, a lawyer will work closely with them to develop a thorough understanding of their business structure and processes to ensure that their franchise arrangement and disclosure statement is tailored and well-structured, outlining all provisions to protect them from liability as a result of any costly or negligent acts.
For franchisees, a lawyer can meticulously scrutinise documents to ensure their responsibilities are clearly conveyed and their interests are adequately protected. This involves explaining, identifying and advising on clauses in the agreement. This helps you be aware of any potential risks, make more informed decisions, and negotiate the fairest possible agreement.
Providing Continued Support and Advice
Franchise lawyers can continue to support franchises as they grow. They can help franchisors and franchisees maintain up-to-date disclosure documents to fulfil their obligations, preventing breaches of the Franchising Code and avoiding costly penalties. They can also handle disputes that involve liability claims or allegations of breaching the agreement, advising both parties on their options as well as facilitating mediation and litigation if necessary.
Help for Franchisors & Franchisees
Franchisors and franchisees across various industries can rely on qualified and experienced franchise lawyers to help them with this very technical legal area. They’ll have extensive knowledge about all the different laws involved, advising and supporting both parties with their goals to achieve great outcomes. This means they can help make sure documents are processed correctly, regulations and obligations are complied with, and disputes are resolved.
From setting up your franchise to representing and protecting your interests, franchise lawyers can help at every step of the way.
