Franchising, Licensing & Distribution

Franchise solicitors with expertise in both sides of franchising

The knowledgeable business lawyers in our Brisbane franchising team deliver pragmatic guidance on matters relating to both franchisors and franchisees. We take the time to understand the unique facets of your business, as well as the network model, resulting in smooth, timely transactions and accurate legal advice grounded in ‘real world’ business experience. As experts in fast growing network businesses, we have also developed a deep understanding of how intellectual property can be leveraged through licensing and distribution models.

What can our experienced franchise lawyers do for you as a franchisor?

Franchise lawyers assist franchisor clients with a range of regulatory, compliance and goal-oriented transactions, including:

• Initial assessments and consultation on whether franchising is right for your business.
• Strategic advice on franchising structures, licensing, reseller, agency and distribution arrangements. We work closely with our tax specialist and can advise on taxation, GST, stamp duty and payroll tax advice.
• Preparing the wide range of franchise documentation required for a new system. This means creating documents and structures that are skilfully tailored to your specific business by people who know the ins and outs of franchise law.
• The protection of franchisor intellectual property rights, including trademark registration and enforcement (inside and outside of Australia).
• Compliance with the Franchising Code of Conduct and dealing with the ACCC in respect of authorisations and notifications.
• Pricing, supply, misleading conduct, unconscionable conduct and other aspects of the Competition and Consumer Act (2010).
• Documenting licensing and distribution arrangements that do not fall within the Franchising Code of Conduct. We also have extensive experience in on and off-shore and offshore manufacturing deals.

We act for many franchisors across Australia and New Zealand. Many of our clients are household names with established national and international networks. We also assist new and emerging franchisors in the establishment process and regulatory framework. Our typical engagement with a franchisor is a long-term business partnership. Some of this is spent issuing franchise documentation, dealing with franchisee transfers or renewals, and ensuring that updates to documentation are well-managed and compliant. Our core role is to take away the compliance burden so you can focus on your business. Strategic management of franchisee relations is also crucial to the success of any franchise. Tactful management of franchisee issues is an integral part of our service. Whether that involves a strong handed approach to ensure compliance, or something more delicate, we work hand in hand with the decision makers to ensure that we reduce the stress and cost of growing and maintaining a franchise network. We have also been involved in countless franchise mediations and disputes, and our success rate speaks for itself. Read testimonials from satisfied clients below.

At Rouse Lawyers, we believe in providing holistic advice for clients. With this in mind, we’ve developed strong relationships with reputable, professional franchise consulting and accounting firms. This allows us to confidently refer our clients to specialists for advice and services that are outside those offered by a law firm. We’ll help you create a team that’s ‘got your back’ across all facets of your franchise enterprise.

What can an expert franchise solicitor do for you as a franchisee?

Need help or advice about the franchising regulatory environment? Here are are just a few areas our franchising team can assist you with:

• Advising franchisees on franchise agreements and disclosure documentation for the grant of franchises. This includes explaining the mountain of paperwork to you in ‘plain English’.
• Assisting franchisees (whether as sellers or buyers) in franchise sales and acquisitions, from business sale contract negotiation, to leasing, review of franchise and associated documentation.
• Franchise transfers, renewals and terminations.
• Leasing and licensing of premises, including the negotiation of real property leases, subleases and premises licenses.
• Disputes and mediation.

Our unique process for advising franchisees

Most franchisees that we advise require a turnkey legal solution. We are often involved in business structuring and leasing matters at the same time as advising on the franchise documentation they are delivered. We have developed a unique process for advising franchisees. We offer:

• A comprehensive review of the franchise documentation by our franchise lawyers.
• Preparation of a written ‘Franchise Summary Report’, which:
  • outlines, in plain English, the key terms of the agreement, your rights and obligations and other legal matters that are important to consider;
  • provides high level advice regarding franchising in general and the operation of the Franchising Code of Conduct; and
  • highlights our recommended changes.
• A meeting with you to discuss our review and advice, along with your questions. While we prefer a face to face we offer alternative options such as teleconference or Skype.
• After that, we provide you with a summary of our comments on the franchise documentation, including possible suggested changes.
• We assist with execution of the franchise agreement, including signing the independent legal advice report (if requested to do so), and other legal documents such as company or leasing documentation.

We are committed to going ‘on the journey’ with you, ensuring you are in control and fully-informed at every step. Importantly, our ‘no surprises’ fee policy means you can feel completely comfortable to give us a call when you need us. Unlike many commercial law firms in Brisbane, we don’t ‘start the meter’ every time the phone rings. We are as keen on your success as you are! Contact Rouse Lawyers today to learn more about how we can assist with your franchise law requirements. Rouse Lawyers is a proud member of the Franchise Council of Australia.