Why You Need a
If you’ve been thinking about operating a franchise business in Australia, you may feel overwhelmed by the seemingly complicated process of implementing the processes and selling your franchise.
Even though we here at Franchise Simply make this process easy, it’s still a good idea to have an understanding of franchise law and the legal requirements that apply to franchise agreements. This is where a franchise lawyer can help, and why we include the resources of a highly specialised franchise-savvy lawyer in our Franchise Success Path.
What Does a Franchise Contract Lawyer Do?
As the name suggests, a franchise lawyer is a trained legal professional who specialises in franchise law and can provide legal advice and representation to both franchisors and franchisees. Here are some of the key reasons why you might need a franchise lawyer:
Understanding the basics of franchise law
Franchise law is fairly complex and covers a range of issues such as franchise agreements, disclosure requirements and dispute resolution. A franchise lawyer can help you navigate these legal requirements and ensure that you are complying with all relevant laws and regulations.
Creating and reviewing franchise agreements
Franchise agreements are legally binding contracts that set out the rights and obligations of the franchisor and franchisee. Getting it wrong can have a significant negative impact on your business operations and profitability. Before signing a franchise agreement, it’s important to have it reviewed by a franchise agreement lawyer who can advise you on any potential issues or areas of concern.
Franchise disputes can occur for a variety of reasons including breaches of contract, disagreements over royalties or fees, disputes over marketing or advertising, staff issues and more. A franchise dispute lawyer can help you resolve any disputes through negotiation, mediation or even litigation.
Representing your interests
If a dispute cannot be resolved through negotiation or mediation, you unfortunately may be forced to take legal action. A franchise litigation lawyer can represent you in court for disputes, as well as help you navigate any other legal processes associated with franchising.
Protecting your brand
Your franchise brand and associated reputation are your most valuable assets, so it’s vitally important to protect them from infringement, misuse or defamation. A franchise lawyer can help you with things like registering your trademark, developing a brand protection strategy and taking legal action against anyone who infringes on your intellectual property rights.
Choosing The Best Franchise Lawyer
To choose the top franchise lawyers in Australia, look for a lawyer that has extensive experience working with both franchisors and franchisees, has a good reputation and can provide you with a well-rounded perspective on franchise law and best practices.
They should ideally be members of the Franchise Council of Australia, the International Franchise Association or similar, as these organisations provide training, education, and networking opportunities for franchise lawyers and other franchise professionals. All of the franchise professionals at Franchise Simply are certified by the Franchise Council of Australia and the Institute of Certified Franchise Executives.
In addition to these experiences and qualifications, you should ensure your lawyer is able to communicate complex legal concepts in a way that is easy for you to understand and takes the time to answer your questions. You should also feel comfortable and trusting of your lawyer, as franchise agreements and disputes can be stressful and time-consuming, so it’s important to have a lawyer who you feel compatible with and who has your best interests in mind.
Franchise lawyers can unfortunately be very expensive, so it’s important to find a lawyer who is transparent about their fees and billing practices. Look for a lawyer who offers a clear fee structure and who is willing to work with you to find a fee arrangement that fits your budget.
Alternatively, you can work with the friendly team of franchise lawyers and professionals at Franchise Simply. Our comprehensive franchise process is an affordable, streamlined option for business owners who want to expand by franchising. If you’d prefer to use your own lawyer, our templates and other resources can also be used by your lawyer of choice to make the process easier, quicker and less costly.
Give us a call on 1300 960 136 or fill in our online form and we’ll help get you on the best path towards franchising success.