FRANCHISE AGREEMENTS

Greyson Legal | Franchise Lawyers

We are a niche commercial law firm with a particular focus on providing franchise law advice. With over 20 years experience in franchising we have extensive experience, knowledge and expertise in this field of law.

We assist our:

Franchisee clients with:
- Franchise Agreement reviews and advice;
- by making recommendations on issues that require further clarification of clauses which require amendment or deletion; 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 franchise relationship and sets out each party's rights and obligations.

Typically in writing a Franchise Agreement, like any contract, is a legally binding document once all the elements of contract law have been fulfilled.

Because of the binding nature of Franchise Agreements, it is extremely important that you obtain professional legal advice before signing.

As experienced franchise lawyers, Greyson Legal | Franchise Lawyers are well placed to assist you by reviewing the Franchise Agreement, advising you on it terms and conditions before you sign.

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 Franchise Agreement is also given a 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.