Retail and Franchising

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HWL Ebsworth's team of industry specialists offer commercial and legal advice on all disciplines relevant to retailing and franchising. Our expertise extends from setting up business and preparation of contracts to exit strategies and ASX listing.

In addition to the general franchising services we offer, the group advises in the following:

Franchisee documentation

Franchising transactional work needs to be cost effective, smooth and importantly Franchising Code compliant. Document management is critical to ensure that key steps are followed so that in the event of a later dispute, appropriate documentation can be produced to provide an effective counter to claims or investigations. We provide a service to handle these routine but critical tasks in a simple way which can be managed effectively.

Compliance, enforcement and dispute resolution service

We recognise the need for franchisors to deal quickly and commercially with disputes and to ensure that they are compliant with all regulations when dealing with the franchisees.

Retail leasing service

It is important to have consistent, standard lease terms negotiated in favour of the retailer. We can offer a cost effective service to enable the smooth running of the commercial and legal negotiation stages of retail leases.

Trade practices compliance

Our specialist experts in trade practices and experience in the retail and franchising industries allows us to provide compliance information, training and resources required for staff and franchisees.

Experience

Our relevant experience includes advising on matters related to:

  • the establishment of franchise and distribution systems and structures;
  • intellectual property commercialisation and documents;
  • drafting and review of franchise system documentation, including agreements and disclosure;
  • preparation of national and international franchising advice and documentation;
  • agreement reviews for prospective master franchisees looking to develop an Australian concept or to import an overseas franchise system to Australia; and
  • crisis management – including terminations, product recalls, investigations and legal action by the Australian Competition and Consumer Commission (ACCC).

 

Retail and Franchising

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