How to franchise your business

Franchising is much more than just a marketing method. It is a business system which requires to be designed every time a new franchise system is developed. 

Unfortunately, many new franchisors start their franchising journey with standard advice and standard documents and so should not be surprised by mediocre results. In fact, very little is ‘standard’ about turning an existing unique successful business operation into a franchise system. 

The nature of a franchise network is such that often the major problems are results of what was done or omitted at the very beginning. Thus the most important stage of a franchise system is complete before you grant the first franchise. 

Franchisee Lifecycle

At Franchise Legal, we go a long way beyond mere legislative compliance. We learn your business from A to Z. 
That understanding, together with our years of experience, allows us to advise you on how best to future-proof your business ensuring the greatest chance for your success. 

We assist franchisors to prepare appropriate documentation including Franchise Agreements and Disclosure Documents and associated documentation. 

We advise in relation to internal processes associated with the full lifecycle of a franchisee:

• marketing for franchisees
• presentation of the franchise offer
• negotiation with the franchisee’s legal advisors
• managing the sale of a franchisee’s business and assignment of franchise to the purchaser
• dispute resolution including mediation and litigation
• dealing with poor performing or problem franchisees
• termination
• renewal

If you take a financial interest in the franchisee, or an option to acquire the franchisee, we can also prepare a Shareholder Agreement and Contract of Employment for the directors of the franchisee.

Intellectual Property

An important consideration for franchisors entering a Franchise Agreement is protection of intellectual property. 
We can prepare separate licence agreements for use of software or intellectual property. 

Finance secured against intellectual property may require the intellectual property to be secured in favour of the financier without risk to its value in the event of default. 

We form a working relationship with your key staff and outside advisers, including franchise consultants and your accountant to ensure that our advice is relevant to you in light of your tax and business strategy. 

To speak with a franchise lawyer in Melbourne or Sydney about starting a franchise, call 1300 798 501.