We have experienced practitioners who can assist you with franchising your business and in the protection of your intellectual property rights, and further discuss alternative business models such as buyers cooperatives, distributorship arrangements and agency appointments.
Scope of Works – Franchisors
Our firm has experience in a wide variety of industries . We have franchised a successful major player Australia wide in the book industry in respect of which we have accumulated 15 years of experience over the full range of franchise activities and successfully franchised what later became the Victorian division of the largest real estate franchise. We have also successfully franchised businesses in the area of clothing, food, automotive and other industries.
The scope of works includes:
- Establishment of a franchise system;
- franchise agreements (including master franchise), disclosure statements;
- exclusive rights / distribution agreements;
- supply agreements;
- compliance with the Franchising Code of Conduct;
- commercial advice and strategy;
- commercial property leasing;
- Intellectual Property and Trade Marks specialising in Registration and Prosecutions / Oppositions / Dispute Resolution / Strategising / Investigations / Licensing / Assignments and Transfers / International Trade Mark Protection;
- Lending documents and dealing with banks providing franchise specific finance.
- Sale and purchase business documentation for new and transferring franchisees.
- Dealing with errant franchisees and strategies for resolution.
- Third line forcing issues in respect of supplies ( where supplies are predicated by preferred by the franchisor).
- Parallel import issues ( where supplies are supplied from outside Australia into your purchased area from other sources to clients).
- Creation of Sub franchisors.
- Monitoring the franchise culture and advising generally where required.
- Issues in respect of manual creation and maintenance where required.
- Employment agreements, including with franchisor managers.
- Security of assets, business structure and Taxation issues surrounding growth of a franchise.
- Stamp duty on business sales excluding real estate ( outside Victoria ) and payroll issues including grouping.
- Selling a successful franchise operation and all issues relating to
Scope of Works – Franchisees
Our firm also specializes in work for franchisees and offers superior service for these franchisees due to its franchisor experience. We will perform relevant tasks to the franchisee mentioned above for the benefit of the franchisee.
We are very familiar with the culture of a franchisee and issues required to be addressed.
Please note we will not act for a franchisee client in respect of an existing franchisor client.
We are an advisor member of the Franchise Association.
If you require any advice or assistance in any of the above please contact Anthony Pointon, Michael Bishop, David Mazzeo, Robert Gordon and Ted Vlahos.