Franchise Readiness and Legal Due Diligence
We assess the legal readiness of businesses seeking to offer franchises and review operational matters insofar as they relate to regulatory and contractual requirements. This includes reviewing the business model, trademarks, intellectual property rights, know-how, contracts and key documentation, identifying gaps and required actions. We also conduct legal due diligence on franchise opportunities for prospective franchisees before they enter into a franchise relationship, including reviewing the Disclosure Document, Franchise Agreement, the franchisor’s legal status, and the material rights, obligations and restrictions associated with the opportunity
Legal Structuring of the Franchise Relationship and Protection of Its Core Elements
We assist franchisors in structuring the legal framework of the franchise relationship and defining the rights and obligations of the parties. This includes determining the scope of rights granted, regulating the use of trademarks and other intellectual property rights, protecting know-how and confidential information, and drafting contractual provisions relating to training, support, operations, supply, marketing and other matters relevant to the nature of the franchise
Disclosure Document and Franchise Agreement
We prepare Disclosure Documents and Franchise Agreements for franchisors, and review and analyse their legal implications for franchisees. Our work covers the principal rights and obligations of the parties, the scope and term of the franchise, financial consideration, training and support, use of intellectual property rights, supply arrangements, marketing, confidentiality, renewal, termination and dispute resolution, while ensuring consistency between the documents, the franchise model and applicable regulatory requirements
Franchise Registration, Regulatory Compliance and Management of Changes
We provide legal support in the registration of Franchise Agreements and Disclosure Documents with the competent authority, including amendments to and cancellation of the franchise registration where required. We also review compliance with regulatory requirements governing the franchise relationship and assist in documenting and managing changes to the agreement, its parties or its term, depending on the circumstances of each matter
Post-Grant Legal Support and Contractual Relationship Management
We provide ongoing legal support to franchisors and franchisees throughout the term of the franchise relationship, including interpreting contractual rights and obligations, monitoring contractual and regulatory compliance, addressing breaches, managing notices, approvals and amendments, and advising on renewal, assignment, changes in ownership, sub-franchising, termination and the legal consequences arising from those matters
Franchise Disputes and Dispute Resolution
We provide legal services in disputes arising from franchise relationships, including assessing the dispute and analysing contractual and regulatory rights and obligations, preparing legal notices and correspondence, supporting negotiations and amicable settlements, and representing clients in mediation, arbitration and litigation proceedings in accordance with the agreed dispute resolution mechanism and the circumstances of each matter
