Areas of Service | Franchising
Franchising
Middletons has a national and international franchising client base spread across a diverse range of industries. We are recognised for understanding our clients' businesses and proficiency in the franchising area. The firm acts for franchisors and master franchisees and provides the full range of services to franchisors wishing to do business in Australia and internationally.
Our legal services work consists of purchase of businesses, business structuring, compliance with statutory requirements, employment issues, protection of intellectual property, tax advice, dispute resolution and litigation.
Middletons is a member of the Franchising Council of Australia and has been involved in advising parties participating in the negotiation of the Franchising Code of Conduct (Code) and changes to the Trade Practices Act.
Our franchising skills include:
- the preparation of comprehensive franchise documentation for new, emerging and mature franchise systems, greenfields, sales of existing businesses to new franchisees, renewal of franchises by existing franchisees
- ensuring compliance with the Code
- simplification of franchise documentation ensuring it is readable and easy to understand without compromising the level of legal effectiveness
- building in protection into franchise documents for franchisors to minimise ongoing liability and risk of any further litigation, including actions for misleading and deceptive conduct, unconscionable conduct and exclusive dealing
- assisting franchisors in the collection of outstanding royalties, minimisation of property exposure through measures such as leasing, licences and sub-leases
- providing franchisors with a legal manual covering prominent issues effecting the franchising industry such as risk minimisation, industrial relations and compliance guidelines to the Code.
