We rigorously study the legal process, so you know what to include and what not to. It’s important to us that before you pour your money into a franchise agreement, you understand the risks concerning territory exclusivity, restrictions on the supply chain and renewal rights. Read More
Our Services for Prospective Franchisees
Entering into a franchise agreement is an enormous undertaking that lasts five to ten years. We’re here to give clear, commercial advice on the viability of the deal.
Document Review and Due Diligence
We review the Franchise Agreement and the Disclosure Document in detail. It confirms that the franchisor has fulfilled its disclosure obligations in relation to:
- Litigation history and solvency.
- The actual expense of setting up and running the business. Current and past franchisee details (you can reach out to them for references).
Commercial Lease Review
For many franchise agreements, the premises are as important as the brand. We check the lease or license to occupy to make sure that the tenure matches the franchise term. And we make sure that you can’t be burdened with a lease issue should the franchise agreement end prematurely.
Structuring and Asset Protection
We recommend what the best entity structure for franchise licenses is – company, trust, or partnership – in order to cover your personal assets to safeguard against business risk.
Navigating the Franchising Code of Conduct
It is the standard code that informs franchisor and franchisee behaviour in the industry. It’s about everything from the ‘cooling-off’ period to the conflict resolution rules. A lawyer for franchise processes understands how to use this Code as a tool to protect your rights. We make sure that the franchisor has not put unfair contract terms that prevent you from doing business or leaving the business. We also establish clear definitions of being a franchise to ensure they are compliant with the law.
Dispute Resolution and Mediation
Even within the best systems, relationships can disintegrate. Disputes often arise regarding:
- Misrepresentation: When the financials or promises they made before purchase do not match the figures or promises to match the actual performance.
- Territory Encroachment: Where a franchisor permits one new store or online sales channel to swallow your market.
- Renewal and Termination: Disputes regarding the right to renew the deal or unfair termination notices.
Why Choose Dam Lawyers?
We are a franchise lawyer for small businesses with vast professional experience, hoping to resolve conflicts cost-effectively so that you can get back to business or get out of the system with your capital intact. So, with that said, this investment is life-saving for most franchisees. We are not just processing paperwork; we offer practical advice.
- Fixed-Fee Reviews: Standard franchise document reviews that are transparent and cost-effective.
- Local Expertise: Since we are based in Brisbane, we are familiar with the local challenges and the Queensland market.
- Plain English Advice: We get out of the legal language and tell you plainly where the risk lies.
Secure Your Future Today
Don’t do anything with a franchise deal unless it involves legal counsel. The cost of the review is only a fraction of the money lost in a failed organisation. Contact Dam Lawyers to speak with a franchise attorney today and let us help you build a secure foundation for your business. Read Less
