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Stewart Germann Law Office

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Key Facts

Service: Lawyers	Area Serviced: New Zealand & International
FANZ Member: Yes

Description

Lawyers and Notary Public. Award-winning specialist franchise law firm with over 30 years franchising and licensing experience. SGL provides legal advice to franchisors on structure and initial documentation and to franchisees on franchise agreements.

Notes

Stewart Germann is a Past Chairman of the Franchise Association of New Zealand (“FANZ”) and winner of NZ Franchise Award ‘Service Provider of the Year 2004’. He has been a guest speaker at Franchising Conferences in New Zealand, Australia and USA.

Who Are We?

Stewart Germann Law Office (SGL) is a specialist boutique law firm with over 30 years of franchising and licensing experience.  SGL acts for franchisors and franchisees from all over New Zealand and has wide contacts in New Zealand, Australia, UK, Canada and USA. Stewart has been a guest speaker at Franchising Conferences in New Zealand, Australia and USA.

SGL has expertise in the following areas:

• Commercial law including drafting agreements which cover a wide range of commercial topics, restrictive trade practices and financing
• Sale and purchase of residential and commercial properties
• Leasing and subleasing
• Company law including the formation of companies, overseas companies, drafting of Shareholders' Agreements and related documents
• Trusts including the formation and administration of family trusts and trading trusts

In relation to franchising, SGL provides legal services to both emerging and established franchise companies including:

• Structuring the proposal
• Disclosure documents
• Franchise agreements
• Master franchise agreements
• Confidentiality agreements
• Intellectual property
• Expansion into foreign countries either by master franchising, direct franchising or joint ventures

How Can We Help?

1.          Franchisors

We provide franchisors with advice on the proposed structure, we work with franchise consultants and we draft and finalise the required documentation.  This documentation will include confidentiality agreement; licence to use trade marks and intellectual property; disclosure document; franchise agreement; franchisee application form and related documents. 

2.          Franchisees

We provide specialist and objective advice to franchisees in relation to interpretation of the disclosure document and reading and commenting on the franchise agreement.  Our written opinion will include expert advice on the fairness of the franchise agreement, clauses which we consider go too far and missing clauses.  Obviously, we  do not advise a franchisee where we act for the franchisor for that would be a conflict of interest.  SGL can assist in relation to formation of companies, leases and subleases and trusts.

Why Should You Seek Advice?

Legal documents are complex and once signed are binding upon both parties.  It would be foolish to sign anything without understanding the full implications of what you are signing.  Franchisors who belong to the FANZ must refer franchisees to independent lawyers for legal advice.  If we act for franchisees we provide that independent legal advice by objectively looking at the franchising documentation. 

Who Do We Work For?

We work for both franchisors and franchisees.  We also provide legal advice on licensing, the purchase and sale of non-franchised businesses and we have considerable expertise in leasing and subleasing.  Some of our clients include:

All Seasons Flowers; Armstrong Alarms; Bakers Delight; Bedpost; Bevinco; Burger Fuel; Carpet One; Cleantastic; Cookright; Dents Plus; ERA; Furniture Court; Guthrie Bowron; Interface Financial Group; Jackson Flooring; Just Cuts; Kitchen Studio; La Porchetta; L.J. Hooker; Lockwood; Megazone; Meticulous Maids; Minus 5; Mr Plumber; Paper Plus; PoolWerx; Servilles; Small Business Accounting; Stretch-N-Grow; The Caci Clinic; The Cheesecake Shop; The $2 Shop; Top 10 Holiday Parks; Wholly Bagels and Z Electrical.

Dispute Resolution

Disputes in franchising can arise and Mediation is an accepted and recommended method of resolving disputes.  Stewart Germann is on the Panel of Mediators of the FANZ and is a qualified mediator and a member of LEADR (Lawyers Engaged in Alternative Dispute Resolution).  He can act as a mediator or as Counsel for a franchisor or franchisee.

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