Franchising is a dynamic business sector. In Australia, some 1200 different franchise systems operate, licensing almost 80,000 franchisees.
Entrepreneurs and investors are drawn by franchising’s potential big returns. High stakes mean significant risks. Whether you are a franchisor or franchisee, you need an insightful, competitive legal team in your corner.
At Coulter Roache, our team of specialist commercial lawyers has been advising franchisors and franchisees since the first franchise systems arrived in Australia in the 1970s. We understand how the various franchise models operate. We know the legal challenges and the protection measures you need in place.
Franchise agreements are complex contracts, setting out the rights and obligations of both franchisor and franchisee. Franchisees get the right to use the business model, goodwill and intellectual property (IP) of the franchisor subject to specific conditions. The IP is often underestimated. Leaving it unprotected can damage the franchise system.
Our franchise experts can prepare, negotiate and review franchise agreements. We make sure you understand the value of your IP and help you protect your brand and reputation in ways relevant to you. We ensure your obligations are clearly defined in the agreement and associated disclosure documents.
We act and advise in assignment of franchises, sale of franchise businesses, franchise disputes and any mediation required under the Franchising Code of Conduct.