Franchising


What Is Franchise Law?

A franchise is a legal entity that allows a business to grow without incurring some of financial costs of not being a franchise. The franchise laws are a combination of state and territory laws governing the registration, supply and sale of franchises, and the legal relationship between franchisors and franchisees.

In almost all franchise agreements there is a legal choice where the franchisor and franchisee generally agree whether the laws of the state that the franchisor is in apply.

Franchise lawyers Perth – Get Assistance in Franchising Your Business

Commercial solicitor Perth has represented numerous large franchisor companies in commercial litigation and lawsuits. We review franchise agreements and disclosure documents provided to potential franchisees by the franchisor, and provide the franchise business solutions, and advice on rights and obligations under the Franchise agreement before signing.

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The Franchising Code of Conduct regulates franchising Australia. Any potential franchisor must ensure that all aspects of their franchise comply with the code. The franchise agreement describes the official communication between the franchisor and the franchisee, including the history of the franchise, and details of how the franchise will operate. It includes previous and ongoing payments made by the franchisee, and what the franchisee receives from those payments.

Franchise Law Services

Franchising Lawyers Perth WA, have the knowledge to advise clients on legal matters related to the Franchising Act. We can assist in writing key documents, interviews, leases, intellectual property matters, and buying and selling franchises.

Other services regarding franchise law that we can assist with:

  • Reviewing or drafting a franchise document, such as franchise agreements, disclosure documents, workbooks and any financial statements
  • Review or rewrite business contract sales when purchasing from an existing franchisee
  • Negotiating with a franchisor on your behalf
  • Conflict resolution
  • Exercising due diligence
  • Review and advice on your business rental
Legal Advice On Franchise Agreements And Documentation

Legal Advice On Franchise Agreements And Documentation


Franchise Agreements and Disclosure Documents should be regularly reviewed by a competent legal team. Franchisees must be provided advice on rights and obligations under the Franchise Agreement before signing. It is important that the Franchisee fully understands their risks and obligations under the Franchise Agreement before they enter into the Franchise Agreement and work with a franchise.

Franchise Agreement Lawyers can help people, who are thinking of joining a franchise, make excellent decisions because of our extensive experience working on both sides. In the event of a dispute, they provide the best legal advice to the Franchisors and Franchisees for their rights and obligations under the Franchise Agreement as well as advice on the best practices for dispute resolution.


Here are certain aspects regarding legal documents/agreements which are serviced.

  • Establishment of new Franchise programs and Licenses
  • Franchisor construction and related organizations
  • Adjustment of Franchise and IP license agreements
  • Master and Sub-Franchisor arrangements (including acting for Foreign / International Franchisor Groups)
  • Preparation and maintenance of the Disclosure Document and accompanying documents
  • Compliance with the Franchising Code of Conduct and legal advice
  • Designing and advising on business and sales leases; including direct ‘directing’ / licensing of franchise properties compared to re-entry advice rights
  • Negotiation options, contracts and terms of sale
  • Managing Franchise business sales and franchise offerings
  • Provider Planning
  • Barriers to trade and protection of intellectual property
  • Violation, default and termination tips
  • Franchise Exit and ‘debadging’ techniques
  • Employment Law
  • Intellectual property that includes branding and communication with social media.

Franchise law arises from a mixture of laws and regulations, state law, and common law. Because most franchises operate in more than one region, there are strict corporate fund laws in the United States. A large amount of expected performance is required, and this is often enforced by strong, carefully written agreements known as trade agreements. Failure to do so may result in a breach of the franchising agreement and termination of the agreement. We also help franchisees in dealing with matters of day-to-day employment, purchasing assets not provided to the franchisor, health code levels, and many others issues.

Legal Advice On Franchise Agreements And Documentation
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