Greyson Legal | Franchise Lawyers are specialist franchise solicitors with extensive experience and knowledge of franchise law.
We assist our:
Franchisee clients with:
Franchise Agreement reviews and advice; and
negotiating changes to Franchise Agreements
Franchisor clients to develop and prepare Franchise Agreements that meet their business needs, and which also comply with the Franchising Code of Conduct and other laws.
What is a Franchise Agreement ?
A Franchise Agreement is a key contractual document between a Franchisor and a Franchisee which
governs their relationship and sets out each party's rights and obligations.
Typically in writing it is a legally binding document.
Franchisee Legal Advice Reports
Franchise Agreements can be very complex documents and advice from experienced franchise solicitors, such as Greyson Legal | Franchise Lawyers should be obtained.
We review the Franchise Agreement and related documents in detail and provide a through written Franchisee legal advice report:
highlighting key terms and conditions
commenting on the implications for you
noting any particularly onerous provisions
setting out key date
indicating how the Franchise Agreement compares with normal franchising practice
pointing out any areas where the franchise documents provided by the Franchisor do not comply with the Franchising Code of Conduct or law; and
making recommendations about matters that require further clarification and/or amendment.
Interaction between the Franchising Code of Conduct and Franchise Agreement
If an agreement meets the definition of a "Franchise Agreement" as set out in the Franchising Code of Conduct ("Code") - that agreement will be covered by the Code.
This means that:
the Franchisor has various statutory obligations it must satisfy; and
the intended Franchisee:
receives minimum consumer law protections;
also has certain responsibilities in its dealings with the Franchisor.
For instance, under the Code:
the Franchise Agreement is one of the documents that a Franchisor must provide to a prospective Franchisee at least 14 days before:
the Franchisee enters into that agreement; or
makes a non-refundable payment; and
a prospective Franchisee entering into a "new" Franchise Agreement is also given a 7-day cooling off period, entitling the prospective Franchisee the right to terminate the Franchise Agreement if the Franchisee has second thoughts about proceeding.
Elements of a Franchise Agreement
The Franchise Agreement sets out the key information about the franchise being entered into.
Franchise Agreements do vary between different industries, brands and Franchisors. There is no so-called "template" Franchise Agreement as there are a myriad of different factors that need to be dealt with. This is one reason why it is critical to obtain legal advice from lawyers experienced in franchising.
Keep in mind the Franchise Agreement is designed by the Franchisor. Therefore, it is likely to have been drafted to protect the Franchisor's interests and place more of the commercial risks, burdens and
responsibilities on the Franchisee.
The Franchise Agreement may appear fair and reasonable when you look through it, but invariably there will be risks and issues that trained professionals will identify that you may well have overlooked.
If you enter into a Franchise Agreement without getting proper legal advice, you increase your risks if things do not work out.