Franchising

Franchising – As an Accredited Specialist in Business Law, Leigh Adams has been advising franchisors and franchisees for many years. Our solid understanding of the issues involved in establishing and maintaining an effective franchising network means that we can help our clients focus on protecting and maximizing their investment in franchising.

We can help you with preparing franchise agreements, disclosure documents, employment contracts, social media compliance, supply contracts, web-site terms and conditions, leasing documents and licences. Our assistance includes advising on the issues to consider when setting up a franchise. Those issues include intellectual property issues, like branding and trade marks. They can also include copyright matters.

Our firm can also advise franchisees and franchisors on the financial risks of the structure that they are considering. We can review that structure from a legal, taxation and asset protection perspective. We help our clients by suggesting alternatives that can also work within the framework of the franchise that is being offered or accepted.

We offer assistance in how to comply with the Franchising Code of Conduct, and we can draft your commercial and retail leases. We can assist in ensuring that your real estate lease is in conformity with the related franchise agreement and your other documents. We frequently negotiate and draft options, contracts and conditions of sale. Where security documents are required, we can negotiate them and draft them so that each party is treated fairly.

Leigh Adams Lawyers advises franchisors and franchisees on their day to day operational issues. Those issue are far reaching and include their relationship with themselves, their clients, their suppliers and their employees.

It is important that legal advice be obtained when a franchise is being bought or sold. We assist in these transactions and also in the assignments of a franchise. We help our clients in regulatory compliance and we can also assist with renewals and in terminations.

Leigh Adams Lawyers can also assist you by advising on dispute resolution procedures, and we can also act in dispute and litigation matters. Disputes frequently relate to the payment of fees, turnover levels, reporting requirements, and protection of the franchisor’s intellectual property – in particular its copyright, trade marks and goodwill. The adequacy of disclosure documents is also a frequent catalyst for disputes.

In addition, many disputes are borne out of what was said, or what was said to have been said, about such matters and which never found their way into the franchise documents. We understand this, and we help our clients with comprehensive advice before the parties become legally bound, because we know that this will help our clients avoid unwanted disputes down the track.

We also assist our clients by exhausting avenues of resolving disputes before suggesting litigation. We are experts at managing legal proceedings, and often assist our clients come to an early settlement by weighing up not only the legal issues at play, but also the commercial ones. We endeavour to communicate these ‘non-legal’ issues to the opposing party so that the prospects of an early settlement are enhanced.

For an obligation-free discussion, please call us on 02 99640022.