Westpac Directory of Franchising
Lawyers providing full legal services for franchisors and franchisees including advice and documents relating to franchise development, franchise evaluation, risk management, transactional management and dispute resolution. Our experience is extensive over many years and we understand the important and significant fundamentals required for quality franchising.
How can we help you?
Who we are
We comprise a team of experienced lawyers readily available to work in relationship with both our clients and their other advisors. We invite you to engage with us and explore the valuable benefits we offer through our legal services and considerable experience.
Choosing a lawyer requires real discernment. We are experienced franchise lawyers who carefully integrate our legal advice and services with the overriding commercial dynamics and objectives associated with the business of franchising. This is achieved through over thirty years proactive involvement in the franchise sector.
Why our experience counts
To successfully engage with the innovative and challenging world of franchising, the assistance of an experienced franchise lawyer is essential. We offer that service to ensure expectations are realistically achieved. For a franchisor, the use of a franchise lawyer can add real value to the franchise system by ensuring they are better informed to control and maintain the integrity of the franchise system. For a franchisee, the use of an experienced lawyer is essential to ensure the right purchase decision is made and to assist in protecting capital investment for the long term.
We are members of the Franchise Association of New Zealand and the Franchise Council of Australia. We have represented many franchise systems, both large and small and both nationally and internationally. This has meant significant involvement with the commercial dynamics of franchising as well as franchise education, interrelationship with Government on legislative reform, international awareness of franchise development and the valuable establishment of relationships with other credible advisors to the franchise sector.
There are a number of complex factors associated with franchising and it is essential that proper feasibility and structure considerations have been considered. There are also risks not the least being due to the variable nature of franchise contracts over time and the dangers that exist for franchisees of opportunism by franchisors and for franchisors of free-riding by franchisees. Experienced legal advice with in-depth commercial understanding is vital to managing these factors and to reduce risk.
It is also important to understand the all important franchise relationship. We do. The traditional adversarial approach by lawyers is generally inappropriate although there are exceptions where the system and intellectual property need to be vigorously protected. Too often lawyers polarize the parties’ positions rather than facilitate the development and preservation of the relationship when difficulties arise. The consequences of failure to preserve the relationship can be serious for all parties.
Particular Areas Where We Can Assist :
- Pre-contractual due diligence
The right questions, both legal and commercial, need to be asked in order to satisfy potential franchisees as to the credibility of both the franchisor and the franchise system.
- Establishing the best structure
It is imperative that the best and most protective structure is established and that profitability is generated for both franchisor and franchisee.
- Developing firm but fair documents
It is important that mutual trust is established at an early stage. This is assisted by the legal obligations for each party being both clear and fair. It is also essential that documentation works well when it needs to. Our considerable experience facilitates the development of that type of documentation.
- Advising on liability risk management strategies
Franchisors are particularly vulnerable to claims especially when only a franchise business opportunity is being sold. This risk needs to be thoroughly understood and confidently managed .It can be with our help.
- Legal Compliance
The labyrinth of legal compliance is vast and creates its own inherent dangers if not established carefully and correctly along with ongoing management. This touches on a myriad of areas including health and safety, employment, consumer protection, restrictive trade practices, franchisor liability for the actions of their franchisees, terms of trade and fair trading. Legal scrutiny of such matters is vital.
Managing Transactional matters
As a franchise system grows, managing numerous transactional issues is essential for franchisors as well as franchisees . We have well developed systems and procedures available to assist our clients with managing the transactional side of their business as it grows.
- Identifying, Protecting and Enforcing Intellectual property rights
This is fundamental to quality franchising for everyone’s benefit
- Dispute Resolution
Conflict in franchising is inevitable as with any marriage arrangement. Anticipating, understanding and managing that conflict in the context of a franchise relationship is extremely valuable if the parties and the system are to survive such conflict. We have trained and experienced lawyers to assist in resolving such conflict.
We see the law and our services as a part of the much bigger franchise activity taking place but a very important and integral part. We would be delighted to partner with you and provide additional information, as requested.
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