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Franchising

‘Chart uncertain waters with confidence.’

Lloyd Meridian Legal has a strong franchising practice which provides services to clients in diverse industries ranging from food and beverage, hospitality, manufacturing, professional and business services to spa concepts.  Our firm has assisted Franchisors, Master Franchisees and Franchisees at the local, national and international levels in pursuing, establishing and maintaining franchises in Australia from a legal and business perspective.

Lloyd Meridian Legal understands the special dynamics of franchised businesses, which depend on interdependence and cooperation between Franchisors and Franchisees – we believe that successful franchisees should ultimately lead to a successful Franchisor.  We understand the industry, the players and the regulations better than most.

Acting for Franchisees

Lloyd Meridian Legal acts for clients in buying or selling a franchised business.  While potential franchisees may be enthusiastic about buying a franchise it is important that legal, financial and business risks are always carefully considered as it usually entails a significant financial investment.  Similarly, a franchisee’s rights to sell its business are limited and without proper advice may undermine the value of the business.

Franchisees often choose not to have their franchise documentation reviewed at all or choose to have the franchise documentation reviewed by a general legal practitioner who, in many cases, has little practical franchising experience.  A franchisee may incur substantial costs if it faces a disenchanted Franchisor acting perfectly legally (although, in the franchisee's eyes, unreasonably) under the franchise documentation.  Lloyd Meridian Legal has extensive experience in franchising and we highly recommend that we review your franchise documentation before entering into it. 

In respect of acting for franchisees, our firm provides fixed quote pricing based on scope of works (as opposed to open-ended hourly quotes) which enables the franchisee to budget and manage its risk.  As a sign of good faith, your first consultation is complimentary – please feel free to book a complimentary appointment or teleconference by contacting us on:

Phone: +61 3 9629 6388
Email: mail@lloydmeridian.com
Skype: lloyd.meridian.legal.phone

Acting for Franchisors

Lloyd Meridian Legal has an exclusive alliance with FT Consulting (Singapore), one of South East Asia’s largest franchise development companies, to assist in developing and implementing a successful franchise model. FT Consulting (Singapore) has developed more than 150 franchise and licence systems across 40 industries in more than 10 countries.

This alliance allows us to tap into a large franchise market which in Australia has reached saturation point for many of the local brands. It allows us to assist our clients in taking Australian franchised brands offshore, starting with the Asian market and in particular using Singapore as a launching pad into the region given its western business efficiency and English speaking background, as well as importing foreign franchised brands into Australia. We can also advise business owners on the prospect of franchising their concept.

We have access to a network of professional advisors such as accountants, marketing consultants, branding specialists, business/sales brokers, graphic designers, information technology consultants, site selection and Franchisee recruitment services and insurance brokers to assist where required.

Brands

Lloyd Meridian Legal has advised Franchisors, Master Franchisees, Franchisees, Licensors and Licensees in respect of many leading Australian and international brands, including:

  • 7 – Eleven 
  • Avalanche Frozen Cocktails
  • Banana Republic
  • BB’s Cafe
  • Beard Papa Sweets
  • Boost Juice Bars
  • Brumby’s Bakery
  • Bubble Cup
  • Burger Edge
  • Cash Converters
  • City Convenience Store
  • Civic Video
  • Coast to Coast the Golden Roast
  • Curves
  • Donut King
  • Endota Spa
  • Extragreen Holidays
  • Fuelco
  • Gap
  • Gloria Jeans Coffees
  • Grill’d
  • Ink Spot
  • Jetset Travel Agency
  • Lucky Lotto and News
  • Michel’s Patisserie
  • Mortgage Choice
  • Muffin Break
  • Nutshack
  • Office Choice
  • Oporto
  • Red Rooster
  • Roc the Wok
  • Saint Cinnamon
  • Spice Box
  • Subway
  • Sumo Salad
  • SMS Send
  • Tattersall’s
  • The Cheesecake Shop
  • The Chocolate Room
  • The Coffee Club
  • Tokuii
  • Video Ezy
  • What’s New
  • Wendy’s Wrappings

 

List of Services: 

Our lawyers have acted for Franchisors, Master Franchisees and Franchisees on a broad spectrum of issues ranging from establishment of a franchise to issues that arise throughout the life of a franchise relationship. 

Acting for Franchisees

We prepare franchise documentation and advise on franchising and business issues, drawing on specialist knowledge, including:

  • Sale of franchise systems;
  • Purchase of franchise systems;
  • Business structures and due diligence;
  • Assessment and review of franchised business model;
  • Franchise Agreements / Master Franchise Agreements;
  • Disclosure Documents;
  • Non-Disclosure / Confidentiality Agreements;
  • The Franchising Code of Conduct and dealings with the ACCC;
  • Financing and security arrangements (including mortgages, charges, guarantees and indemnities);
  • Marketing Agreements and Distribution Agreements;
  • Leases and sub-leases;
  • Licences and sub-licences;
  • Restraint of trade issues;
  • Right of first refusal issues and pre-emption issues;
  • Occupational health and safety compliance;
  • Dispute resolution strategies and mediation; and
  • Compare the franchise offering with similar franchise opportunities.

Acting for Franchisors

We prepare franchise documentation and advise on franchising and business issues, drawing on specialist knowledge, including:

  • Structuring and documenting franchise and distribution-related  systems;
  • Franchise Agreements / Master Franchise Agreements;
  • Disclosure Statements;
  • Non-Disclosure / Confidentiality Agreements;
  • The Franchising Code of Conduct and dealings with the ACCC;
  • Financing and loan arrangements;
  • Marketing Agreements and Distribution Agreements;
  • Leases and sub-leases;
  • Licences and sub-licences;
  • Product and service distribution documents;
  • New product roll-outs;
  • Systems and legal compliance;
  • Territorial issues;
  • Intellectual property and trade mark protection and licensing;
  • Maturation and development of the franchise brand;
  • Expansion and financing strategies;
  • Area development and re-franchising company-owned outlets;
  • Assess potential merger and acquisition opportunities;
  • Importing and exporting franchise systems to, and from, Australia via our affiliation with FT Consulting (Singapore); and
  • Termination, renewals, variations and transfers.