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The Franchise Agreement

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.

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Client Reviews

"Smooth, affordable and manageable"

“We recently engaged Rouse Lawyers to assist us in purchasing our first home. The support we received from Jesse Mason and his team was invaluable, easing the overwhelming emotions of being first time homebuyers. He supported us to understand both the land and home contracts, walking us through the process and promptly responding to any concerns, which made the whole process smooth, affordable and manageable”.

Nick JohnstonHitachi Construction Machinery (Australia) Pty Ltd

"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.”

Andrew LamontFederal Pest Control

“Michelle obviously had a wealth of experience”

“Michelle, at Rouse Lawyers, was very professional in helping us, ForkForce Australia, protect one of our domain names against a competitor’s legal dispute. Michelle obviously had a wealth of experience and she quickly helped diffuse a potentially larger legal situation to achieve a favourable outcome. Thanks again Michelle.”

Chris CunliffeForkforce

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Ph: +61 7 3648 9900

Fx: +61 7 3648 9911

Levels 1 & 2, 4/92 Commercial Road, Newstead, QLD 4006

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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.