Rouse Lawyers

- The Law Firm For Business Owners and Entrepreneurs -

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Franchising, Licensing and Distribution

Our lawyers have substantial experience acting for both franchisees and franchisors. We understand the industry, the players and the regulations.
We act for franchising clients across Australia and combine our franchise services with other areas of expertise to apply a complete approach to developing franchised businesses.

Franchisor

For our franchisor clients we:

  • protect and structure your intellectual property;
  • draft/review your franchise agreement and disclosure document;
  • draft/review all other ancillary documents required by the Franchising Code of Conduct and others which protect your rights;
  • conduct the issue of new franchises including the handling of all documents and negotiations;
  • assist with master franchising, and area development;
  • provide advice on the Franchising Code of Conduct and deal with the ACCC;
  • conduct and assist with meditation and dispute resolution; and
  • negotiate and prepare premises leases/subleases and deal with other real property matters

Franchisee

For our franchisee clients we can:

  • conduct a thorough review of the franchisor’s documentation;
  • explain the key terms in plain English;
  • alert you to any peculiar or unfair provisions that appear out of the ordinary;
  • provide independent solicitors certificates;
  • act in mediations, negotiations and disputes with the franchisor; and
  • advise on retail or commercial leases.

The Franchise Agreement

Franchise agreements are the key element of the relationship between a franchisor and franchisee. The development and ongoing management of a franchise agreement requires an understanding of key areas such as corporate structure, termination and default, supply terms, financial payments, disclosure requirements, marketing, rebates, intellectual property, pricing, and dispute resolution procedures. The form of the franchise agreement must reflect the commercial intent and means of business rather than be structured purely on legal considerations. A franchise agreement by its nature has enormous variety from one to the next and there are different structures such as master franchise agreements, multi-unit franchise agreements, area development franchise agreements and joint venture agreements. The distinction between a franchise agreement and pure license, agency or supplier agreement is often grey and it is important to identify the impact of the wrong classification.

Licensing and Distribution

Often it is the distinction between a licence, distribution or supply arrangement and franchise that needs first consideration. There are implications for clients depending on what they intend into the future and the level of regulation that applies.

When documenting a license or distribution agreement it is important to consider important matters including territory, minimum performance criteria, product or service requirements, pricing, supply arrangements and delivery, obligations & responsibilities, termination, product recall, promotion, marketing and intellectual property. We work with our clients closely produce agreements and business relationships that reflect the specific commercial intent of the arrangement.

Intellectual property, the basis of many licensing and distributing agreement, deserves close consideration.

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Client Reviews

"I would definitely recommend Robert Montes at Rouse Lawyers"

We approached Rouse Lawyers due to a shareholder dispute that we needed assistance with. This dispute was very upsetting to us as it involved other family members. Robert Montes was more than helpful with this tricky situation and we were able to solve all issues quite swiftly. Robert was very professional and was able to offer sound advice that greatly improved the outcome. I really liked the way in which he made us feel comfortable with talking to him and then the way in which he then dealt with and executed solutions. I would definitely recommend Robert Montes at Rouse lawyers to people who are looking for assistance and in particular with shareholder disputes. The experience as a whole was very positive and we were able to settle the dispute with minimum fuss.

Kris And Helen EleveldLifestyle Wardrobes

"I would recommend Rouse Lawyers for any business"

“Young Guns has engaged Rouse Lawyer for all legal requirement/advice for the past 10 years. They have been on our business journey from 10 employees to 450 employees. Matt and Peter have always showed a personal interest in our business success and therefore made many recommendations for short term and long term strategies. I would be happy to recommend Rouse Lawyers for any business looking for a legal partner who they can trust and can provide ongoing, up to date advice.”

Scott YoungYoung Guns Container Crew

“Rouse Lawyers were across all the issues and I felt very secure”

“When seeking a Trademark registration for DanDaLion Friends it was important to get the detail exactly right. Rouse Lawyers were across all the issues and I felt very secure with their advice in what can be a potentially difficult area. Thanks to the team for delivering peace of mind so brilliantly.”

Laury BrayDandalion Friends

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BRISBANE OFFICE

Ph: +61 7 3648 9900

Fx: +61 7 3648 9911

Level 2, 22 Wandoo St, Fortitude Valley, QLD 4006

17-Page Guide Reveals:

How To Protect Your Business and Your Assets While Allowing Your Business To Thrive

Written by Matthew Rouse, commercial lawyer and founder of Rouse Lawyers.

17-Page Guide Reveals:

How To Protect Your Business and Your Assets While Allowing Your Business To Thrive

Written by Matthew Rouse, commercial lawyer and founder of Rouse Lawyers.

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