Articles > Franchising

What does a Franchise lawyer do?

September 25, 2020   Kristine TranPhilip Evangelou

Franchise lawyers specialise in providing legal advice with all aspects of franchise law, for either the franchisor or franchisee.

If you are thinking of either buying in to an already established franchise, or turning your business into a franchise, then a lawyer that specialises in franchising will be essential in guiding you through the process, and ensure that the business arrangement you are entering is on a sound footing.

Franchising in Australia

In recent years, franchising has exploded in the Australian market. From fast-food restaurants to bubble-tea chains, franchising has become a popular business structure. 

Franchising is a type of business structure which allows you to operate under the established brand of another business. By being a franchisee, your company can sell products or provide services for a specific period of time in return for payment to the franchisor. 

Unlike other business structures, operating a franchise may be restrictive, and you will not be able to fully control the business independently. As a result, franchise companies are often subject to stringent paperwork and it is important that you understand your rights when operating a franchise. 

What can a Franchise lawyer do for you?

Prior to operating your franchise, it is important you seek legal advice on your franchise documents. Generally, a franchise lawyer can assist you with:

  • Buying/selling a franchise
  • Commercial leasing
  • Franchise contract negotiations
  • Licensing
  • Trademarks
  • Disputes arising between the franchisor or franchisee

In particular, a Franchise lawyer can provide assistance for Franchising in all aspects such as:

  • Review or draft the franchise documents such as Franchise agreement, disclosure document, operations manual, inventory and or financial statements
  • Review or draft the sale of business agreement if you purchase a franchisee
  • Negotiate with the Franchisor on your behalf
  • Resolve any disputes that may arise
  • Conduct due diligence searches on the Franchise network
  • Review and advise on your lease for the Franchise store

If you would like to speak with our franchise lawyers, just contact us via 1300 337 997 or by filling out the contact form.

About Kristine Tran

Avatar photoKristine is a legal intern at OpenLegal. She is a fifth year UTS law student nearing the final stages of her law degree. She has previously worked for a boutique law firm and volunteered as a paralegal with the Refugee Advice and Casework Services (RACS).

About Philip Evangelou

phillipPhil is a director at OpenLegal. He has over 16 years experience working in private practice and in-house counsel in Sydney and London, giving him expertise in employment law, IP, finance, leases, dispute resolution, insurance and contracts.