The franchising sector encounters distinct legal issues that are not faced by other businesses. Both initially and on an ongoing basis, franchise structures and agreements need to be set in place to ensure that the brand is always positively profiled.
Piper Alderman has significant experience acting for companies in a wide variety of matters relating to franchising and our core team members have represented numerous franchisors across Australia.
We offer the full range of services that may be required in relation to franchising including:
- Contracts – assisting in managing and dealing with all aspects of contracts – from planning, drafting and negotiating contracts, corporate structuring through to assisting with the resolution of contractual disputes.
- Compliance – advising on compliance with the Franchising Code and all its requirements as well as compliance with the Australian Consumer Law, the Privacy Act and other legislation.
- Structured financing – advising on an extensive range of structured asset financing transactions involving franchising financing.
- Mergers and acquisitions – acting for purchasers and vendors of franchise systems and franchised businesses including carrying out due diligence on franchises and intellectual property, preparing and negotiating transaction documents and attending to post-completion matters.
- Property transactions – working with the firm’s real estate and planning and environment lawyers to provide a complete property transaction service.
- Intellectual property – advising on trade mark and intellectual property management issues specific to franchise brands.
- Employment relations – advising franchisors on matters relating to employment and industrial relations including contracts and collective agreements, workplace policies, accessorial liability under Fair Work Act, OHS and employment related disputes.
- Dispute resolution and litigation – advising on the best course of action in relation to disputes arising from the franchising relationship.