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Franchising Your Business

Franchising is a business relationship in which the franchisor (the owner of the business providing the product or service) assigns to independent people (the franchisees) the right to market and distribute the franchisor's goods or service, and to use the business name for a fixed period of time (Source: Franchise Council of Australia). Franchising is a popular way of growing your business, and it is used widely in Australia in sectors such as hospitality, food distribution, motor vehicle dealerships, hardware and automotive product stores, fashion, professional services and real estate.

West Perth Legal can assist with all legal aspects of franchising including:

  • Drafting a franchise agreement and disclosure document
  • Reviewing or negotiating a franchise agreement
  • Intellectual property protection
  • Preparing license and distribution agreements
  • Advising on the Franchising Code of Conduct

Buying a franchise

If you’re looking to buy into a franchise, you will be provided with a number of documents, including the franchise agreement and disclosure document. West Perth Legal can help you go through the franchise agreement and franchisor disclosure documents to make sure that you are aware of all of the issues that could make or break your new business.

Key items for a franchisee to consider are:

  • Obligations of a franchisee
  • Fees
  • Franchisor imposed standards
  • Support and training from the Franchisor
  • Termination Clause

Selling a franchise

Selling a franchise requires additional consideration, the main one being ensuring that the sale is in accordance with the franchise agreement.

West Perth Legal can assist with the entire legal process of selling a franchise. Services offered include:

  • Ensuring the sale is in accordance with the franchise agreement
  • Assisting with gaining approval from the franchisor for the purchase of the business
  • Drafting the sale of business agreement
  • Assisting with lease assignment
  • Assisting with the transfer of the business ownership to the purchaser

Book a free 15-minute initial phone consultation