Franchise Lawyer Sydncey

Franchising your successful business requires comprehensive legal preparation. Our complete system development service takes you from business concept to franchising-ready system in 8-12 weeks.

Strategic Structure & Planning

• Business structure analysis (company, trust, partnership)

• Franchising readiness assessment

• Territory and expansion strategy

• Multi-state compliance planning

Intellectual Property Protection

• Comprehensive trademark searches across all relevant classes

• Trademark registration with IP Australia

• Brand protection strategy for a franchise system

• Trade secrets and confidential information safeguards

Core Documentation

• Complete franchise agreement (50-80 pages) customised to your business model.

• Code-compliant disclosure document meeting all Competition and Consumer Act requirements

• Operations manual legal review, ensuring consistency with agreements

• Franchisee application forms and recruitment materials

Compliance Framework

• Franchising Code of Conduct compliance checklist

• Marketing materials review (ensuring advertising compliance)

• Disclosure timing and process guidance

• Staff training on legal obligations

First Franchisee Support

• Guidance through the first franchisee disclosure and signing

• Post-signing compliance verification

• Onboarding legal support

Why This Matters: In our 11 years helping franchisors, we’ve seen the costly consequences of inadequate initial setup. Franchisors who use generic templates or incomplete documentation face disputes, ACCC issues, and expensive system overhauls. Proper legal foundation from the start prevents these problems.

Your franchise agreement and disclosure document are the foundation of every franchisee relationship. These documents must protect your brand, ensure compliance, and create clear obligations.

Franchise Agreement Drafting

We create comprehensive franchise agreements covering-

• Franchise fees (initial, ongoing royalties, marketing fund contributions)

• Territory definitions and exclusivity provisions

• Intellectual property licensing (trademarks, systems, processes)

• Training and ongoing support obligations

• Operational standards and quality control mechanisms

• Renewal, transfer, and termination provisions (with appropriate notice periods)

• Dispute resolution procedures (negotiation → mediation → arbitration)

• Post-termination restraint clauses protecting legitimate business interests

Each agreement is customised to your specific business model, industry requirements, and growth strategy. We provide two rounds of revisions and a plain-language explanation of every clause.

Disclosure Document Preparation

The Franchising Code mandates extensive disclosure before franchisees can sign. Our disclosure service ensures full compliance:

• All mandatory information per Franchising Code Schedule 1

• Complete financial information (fees, costs, expenses)

• Details of all existing franchisees and their locations

• Franchisor financial statements and business history

• Marketing fund structure and reporting

• Supplier arrangements and rebate disclosures

• Territory and exclusivity details

Annual Compliance Support Disclosure documents require annual updates. Our ongoing service includes quarterly compliance check-ins, disclosure updates, and monitoring of code amendments.

Franchise disputes threaten your system’s reputation and profitability. Early professional intervention achieves better outcomes at lower cost.

Our Dispute Resolution Process

Strategic Assessment

• Urgent review of dispute circumstances and documentation

• Assessment of legal positions under franchise agreement and Franchising Code

• Identification of Code breaches or contract violations

• Strategic recommendations for resolution

Negotiation  

• Formal notice letter preparation

• Direct negotiation with the franchisee or their representatives

• Settlement proposal development

• Documentation of agreed resolution

Mediation

• Required by the Franchising Code before litigation

• Preparation of mediation materials

• Representation at the mediation session

• Settlement agreement drafting

Phase 4: Litigation

• NSW Civil and Administrative Tribunal (NCAT) representation

• Supreme Court commercial litigation for larger disputes

• Full court representation protecting your franchise system

Common Disputes We Handle

Disclosure challenges, territory violations, franchisee performance issues, termination disputes, marketing fund conflicts, system change resistance, and intellectual property misuse.

Before investing $100,000-$500,000+ in a franchise, a comprehensive legal review is essential. Our review service protects your investment by identifying risks before you commit.

What You Receive

Comprehensive Document Analysis

• Clause-by-clause review of franchise agreement (typically 40-80 pages)

• Disclosure document verification (50-100 pages)

• Financial obligations summary (every cost you’ll incur)

• Territory and exclusivity assessment

• Renewal and termination terms analysis

• Restraint clause evaluation (post-franchise restrictions)

Detailed Written Report (8-15 pages)

• Red flag identification (unfair terms, one-sided provisions)

• Risk assessment is ranked from critical to minor concerns

• Financial projections reality check

• Comparison to market standard terms

• Negotiation recommendations for improved terms

Expert Consultation

• 60-minute follow-up meeting to discuss findings

• Plain-language explanation of obligations

• Strategy discussion for next steps

• Question and answer session

Why Independent Review Matters

In the past two years, we’ve identified disclosure failures in 30% of franchise agreements reviewed, issues that give franchisees stronger negotiating positions or rescission rights. These include missing financial information, incomplete existing franchisee details, and undisclosed material facts.

Our review costs $1,500 less than 1% of the typical franchise investment but prevents losses of tens or hundreds of thousands if disputes arise or the franchise fails.

Many franchise agreements are more negotiable than franchisees realise. Our negotiation service helps you secure better terms before signing.

What We Negotiate

Territory & Exclusivity Expanding exclusive territory boundaries, strengthening protections against franchisor-owned locations, and securing the right of first refusal for adjacent territories.

Financial Terms: Lower marketing fund contributions, reduced royalties for the initial period, waived or reduced renewal/transfer fees, and multi-unit discounts.

Franchise Term: Extending the initial term from 5 to 7-10 years, securing multiple renewal terms upfront, and improving renewal conditions.

Operational Flexibility: Alternative supplier approval if meeting quality standards, flexibility in operating hours, and reasonable customisation for the local market.

Exit Protections Shorter post-termination restraint periods (1 year vs. 3 years), smaller restricted geographic areas (5km vs. 15km), and easier transfer processes.

Our Negotiation Process:

1. Identify 3-5 priority improvements based on your review

2. Develop a strategic negotiation approach

3. Draft professional amendment proposals

4. Negotiate directly with the franchisor or their lawyers

5. Ensure negotiated terms are properly documented in the final agreement

Whether facing termination, seeking exit, or experiencing disputes, we protect your investment and rights.

Exit Planning Services

• Franchise sale assistance (transfer process, franchisor approval)

• Renewal negotiation (improving terms at franchise term end)

• Early termination assessment (grounds and negotiation)

• Restraint clause analysis (understanding post-franchise restrictions)

Dispute Resolution

• Immediate assessment of legal position (48-hour turnaround)

• Negotiation with the franchisor to resolve conflicts

• Mediation representation (required before litigation)

• Commercial litigation, if necessary

Common Franchisee Disputes

Disclosure failures (franchisor didn’t provide complete information), territory violations (competing locations in your area), support failures (promised ongoing support not provided), unreasonable termination, fee disputes, system changes increasing costs without consultation.

Early Intervention Advantage

Problems addressed early through professional legal guidance resolve faster and cheaply. Approximately 70% of disputes we handle never reach litigation, saving clients $20,000-$100,000 in legal costs and business disruption.