Franchising & Licensing

Franchising refers to the contractual relationship between the legal owner of a product, business or service and the person who wishes to sell the product or service. The agreement permits the franchisee use of a trademark controlled by the franchisor.

A licensing agreement is similar to franchising, with a lot more flexibility in marketing, operations or performance of the business or product in question. A franchisor is likely to be limited in certain ways as to how they can operate their business and may have KPIs to meet.

TLFC have experience acting for both franchisors and franchisees on a range of matters.

We have advised and acted on franchising and licensing matters including and not limited to:

• Business and franchise structuring;
• Franchise Code of Conduct compliance;
• Employment issues and contractor arrangements;
• Regulatory and licensing issues;
• Leasing (prepare and review leases, licences, transfers, assignments and agreements for leases);
• Retail lease disputes;
• Supplier terms and conditions;
• Privacy policies and Spam Act compliance;
• Distribution agreements;
• Trade mark and intellectual property licensing;
• Product licensing arrangements;
• Service agreements;
• Referral agreements;
• Sale and purchase of businesses and assets (including franchises);
• Personal Property Securities Act advice; and
• Third line forcing and exclusive dealing issues.

Tisher Liner FC law have experience in franchise disputes including injunction proceedings in the Supreme Court of Victoria and proceedings in the Federal Court of Australia.

We can also assist the Franchisor:

• Understand and comply with their responsibilities and obligations under the Franchising Code of Conduct and the Competition and Consumer Act 2010;
• Understand the minimum business conduct and disclosure requirements under the code;
• Understand how to resolve disputes under the code; and
• Establish a framework for an effective compliance program.

If you have any questions for our Franchising and Licensing Lawyers, please feel free to call or contact any member of the expert team directly.