Franchising Business

We understand the complex franchising legislation and commercial business issues, which applies to both franchisors and franchisees.  Importantly we also streamline the legal processes involved in this increasingly popular, yet highly-regulated, business model.

However at Balfour Meagher, we go beyond simply ensuring legislative compliance. We take the time to understand your business and your commercial goals to best assist you in the franchise development process. We form working-relationships with your key staff and outside advisors, including franchise consultants and your accountant to ensure our advice is relevant to you and your overall business strategy.

Balfour Meagher acts for franchising clients across a variety of diverse industries such as: construction, aviation, retail, automotive, coffee, health and fitness, real estate and auto-parts.

We also conduct regular briefing and legal training sessions for our franchise clients to keep them up-to-date with the latest legal issues affecting their business. This also provides them with an opportunity to network and share their experiences with others operating in similar businesses.

The range of Franchising Advice and Documentation we provide

Therefore we can help you with:

  • Establishment of new Franchise and Licensing Systems
  • Structuring of Franchisor and related entities
  • Preparation of Franchise and IP Licensing Agreements
  • Master and Sub-Franchisor Arrangements (including acting for Foreign/ International Franchisor Groups)
  • Preparation and maintenance of Disclosure Document and ancillary documents
  • Compliance with the Franchising Code of Conduct and advising on regulatory compliance
  • Drafting and advising on commercial and retail leases; including ‘direct’ subleasing/licensing of franchise premises vs. rights of re-entry advices
  • Negotiating options, contracts and conditions of sale
  • Managing the sale of a Franchise businesses and assignments of franchise
  • Supplier Arrangements
  • Restraints of trade and Intellectual Property Protection
  • Breach, Default and Termination advices
  • Franchise-exit and ‘de-badging’ strategies
  • Employment Law
  • Intellectual Property including branding and social media compliance.