Franchise solicitors with expertise in both sides of franchisingThe 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.
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 franchiseesMost 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.
Team Leader: Peter Rouse
Peter is a commercially astute and practical lawyer specialising in franchising and leasing. Peter has an outstanding attention to detail and is committed to ensuring that his clients receive a complete and effective service. As Team Leader of Franchising and Leasing, Peter’s depth of experience and knowledge allows him to respond to his client’s commercial imperatives.
Practice Area Expert:
Luke is a skilled Commercial lawyer who specialises in franchising and business law. He provides comprehensive advice on a wide variety of legal issues that arise in operating small to medium businesses. Luke places a heavy emphasis on maintaining the franchisor/franchisee relationship.
Establishing a New Franchise SystemOur franchising team worked closely with Umart Online (a technology supplies company with an annual turnover of $50 million) to establish the company’s complex franchised operation.
Advising on the Compliance of an Existing Franchise SystemRouse Lawyers was engaged by The Vast Interior, a long standing franchisor client with over 40 franchisees both nationally and internationally, to advise on and draft updates to existing franchise documentation following changes to the Franchising Code of Conduct.
Advice to Prospective FranchiseeOur lawyers worked with a franchisee to negotiate an extensive set of franchise documentation for the Coffee Club franchise, including the franchise agreement, disclosure document, premises licence agreement, head lease and accompanying guarantee and indemnity.
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"Their knowledge of franchising is comprehensive"
“I have tried several of the larger law firms at the big end of town but found their services to be quite bland and predictable. Rouse Lawyers’s style of operation suits me much better, their knowledge of franchising is comprehensive, and just as importantly, their thinking is distinctly street wise and entrepreneurial.”
"Engaged to implement our franchise system and structures for expansion"
“After aptly handling a previous long-term dispute of ours in such a competent manner, Rouse Lawyers were engaged to implement our franchise system and structures for expansion. The commercial advice and timely assistance provided by Matthew and Peter has been outstanding.”
"Robert was outstanding"
Robert was outstanding. He was pro-active with his views and was very forthcoming with the approaches that should be taken and possible ramifications. He kept us informed all the way, was very definitive on things and just handled every little bump and left field issue along the way in his stride. The way he communicated with the Australian Taxation Office was exceptional.