Commercial, IP & Franchise Lawyers
FRANCHISE LAWYERS BRISBANE
Greyson Legal are leading independent Brisbane franchise lawyers with experience and expertise representing participants in the franchise industry. Franchising law is a specialised legal practice area within commercial law.
The Principal of Greyson Legal - Raymond Duffy - has been helping clients with their franchising needs for nearly 20 years, representing both Franchisors and Franchisees.
We are knowledgable in all facets of franchise law and offer a dedicated and personalised service to our clients.
Meet with Greyson Legal | Commercial Lawyers Brisbane at BTP Northshore Hamilton, located 6 kilometres from the Brisbane CBD and in close proximity to Brisbane Airport.
What is Franchising?
Franchising is essentially a marketing concept which enables a Franchisor to grow its business through an expanded reach of goods and services distribution channels. The Franchisor achieves this be granting other independentstakeholders (Franchisees) certain rights, such as:
- rights to use the Franchisor's intellectual property and branding;
- the right to offer, sell or distribute goods or services under a business system determined by the Franchisor;
- access to systems, processes and procedures developed by the Franchisor;
- support, training and guidance from the Franchisor.
In return, the Franchisee agrees to pay certain initial and ongoing fees and comply with a range of obligations - typically set out in a Franchise Agreement, Operations Manual and ancillary documents.
- the franchising industry in Australia has a market size equal to $182 billion in turnover; and
- 594,500 people are employed in the Australian franchise industry.
Franchising is thereby a growing segment of small business within the Australian marketplace.
If the franchise system is operated effectively, it can provide benefits for both the Franchisor and Franchisee. For example:
- it enables the Franchisor to achieve greater brand awareness and market penetration of its goods and services; and
- provides the ability for the franchise business owner (Franchisee) to obtain an income and grow the Franchisee's Franchised Business into an asset that can later be sold.
Franchise law is the body of law that regulates the business relationship between Franchisors and Franchisees. A Franchise Lawyer advises and assists clients in relation to the application of laws relevant to this relationship, including providing guidance on a party's legal rights and obligations.
Franchise law involves a mix of Commonwealth and State legislation/regulations and common law applied to the franchising relationship, such as:
- Competition and Consumer law
- Property law – licences and leases
- Business law
- Contract law
- Securities law
- Intellectual Property law - trade marks | copyright | trade secrets
- Employment law
- the Franchising Code of Conduct
- Dispute Resolution
Over the years the Principal has, as a Franchise lawyer:
- advised and assisted numerous clients in relation to franchising across a diverse range of industry sectors and various locations within Brisbane and more broadly;
- helped clients with the acquisition or sale of franchised businesses connected with many well known brands;
- assisted existing business owners and entrepreneurs to adopt a franchising model as a business growth strategy;
- guided clients in relation to franchise dispute resolution;
- provided advice on legal matters related to franchising.
Below is a brief list of some of the brands the Principal has been involved with:
- McDonalds Restaurants
- The Coffee Club
- Gloria Jean's Coffees
- Brumby’s Bakery
- Bakers Delight
- BB’s Café
- Sumo Salad
- Stella Rossa Cafe
- Donut King
- Cheesecake Shop
- Grill'd Restaurants
- Toscani's Restaurants
- Outback Jacks
- New Zealand Ice Cream
- Paul’s Home Delivery
- Bucking Bull
- Pizza Hut
- Domino's Pizza
- Pizza Capers
- Eagle Boys
- IRON ZUU
- Video Ezy
- Ultra Tune
- Battery World
- Price Attack
- Jim’s Mowing
- Clark Rubber
- Refund Home Loans
- Fastway Couriers
- F45 Training
- BOAB Boats
- Goop Guys
- Tile Rescue
- Pest Control Qld
If you need help with these types of legal issues or require general franchise law assistance or franchise consulting, Greyson Legal can help you.
Franchising can be an effective vehicle which allows small business entrepreneurs to operate their own Business.
If you are interested in buying a franchise it is essential before you commit to the purchase that you undertake a thorough due diligence investigation of matters relevant to the proposed purchase and obtain appropriate professional advice.
- are interested in how to buy a franchise;
- require information about how to start a franchise;
- have a franchise business for sale in Brisbane;
- need a franchise dispute lawyer; or
- require general franchise advice,
contact Greyson Legal | Franchise Lawyers Brisbane for details on how we can assist you with your franchising requirements.
Our Franchisee legal services include:
- providing advice on any Contract of Business Sale related to buying a franchise;
- reviewing the Franchise Agreement, Disclosure Document and ancillary documents;
- checking Franchising Code of Conduct compliance;
- assisting you to negotiate amendments to the franchise documentation or clarify issues of uncertainty with the Franchisor;
- undertaking all appropriate searches;
- reviewing and advising you on any associated lease or occupancy licence;
- assisting with business licensing that complies with Brisbane local government requirements, such as, food licences (if applicable);
- business structuring advice associated with purchasing a franchise business;
- employment law considerations;
- premises leasing (if applicable);
- handling the business conveyance process related to the ultimate sale of the franchise business.
The development of a franchise system should be based on a strong foundation supported by careful planning, appropriate due diligence and guided by professionals experienced in franchising.
As Franchise Lawyers in Brisbane, we can help entrepreneurs and Franchisors with all aspects of their franchising needs. For instance:
- how to franchise a business;
- the initial stages of franchise system set-up;
- structuring advice associated with the franchise system;
- providing guidance on day-to-day legal issues related to the franchise network;
- preparing Franchise Agreements;
- drafting Disclosure Documents;
- creating various ancillary franchise documentation, such as:
- Confidentiality Agreements;
- Franchise Applications;
- Prior Representation Deeds;
- Deeds of Guarantee & Indemnity;
- Non-Compete provisions;
- IP Licences;
- providing advice on related commercial law matters, for instance, employment law;
- handling the business conveyance process for the Franchisor where:
- a franchisee wants to sell a franchise business; or
- an entrepreneur looking to buy a franchise business
- ensuring intellectual property rights are in place and protected, such as:
- trade marks;
- trade secrets;
- advising you on intellectual property protection;
- assisting with issues that arise whilst managing the franchise network;
- on-going statutory and regulatory compliance advice, such as advising on compliance with the Franchising Code of Conduct;
- guidance in regards to franchise dispute resolution; and
- assisting with the potential sale of the franchise system and network to a new owner, should that arise.
Sources of Franchise Information
There are a number of avenues in Brisbane and elsewhere to obtain further general franchise information. If you have an interest in franchising, you may find these of interest:
Looking to Expand Your Business in Brisbane?
- Are you an existing business owner thinking about ways to build and expand your business ?
- Is the business trading successfully ?
- Is your business concept distinctive and proven ?
- Can your business concept be replicated ?
If you answer "yes" to these initial questions, then franchising may well be a business growth strategy you can adopt.
Go HERE for more information about how to franchise your business or concept .