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AUSTRALIAN LEGAL TEMPLATES

Franchise Agreement

Suitable For Use : NSW, QLD, VIC, WA, NT &  ACT

 

 

Franchise Agreement

 

The term 'franchising' is normally used in connection with either a business format form of franchise or in connection with a product and trade mark franchise.  Under a business format form of franchise, the Franchisor grants to the franchisee not only the right to use the franchisor's trade marks but also the right to use an entire business format in accordance with which the franchisee must carry on their business.

Franchising in Australia is governed by the Franchising Code of Conduct.  The Franchising Code of Conduct is a mandatory industry code of conduct that has the force of law under the  Competition and Consumer Act 2010 (Cth).

The definition of 'franchise agreement' in the Franchising Code of Conduct is wide.  An agreement exhibiting the features specified in Clause 4(1) of the Code, will be a franchise agreement for the purposes of the Code.

    This Franchise Agreement Template covers matters required by the Franchising Code including:

    ·         Interpretation & Definitions

    ·         Disclosure documents & Cooling off  period

    ·         Franchisee’s initial obligations

    ·         Term

    ·         Renewal

    ·         Territory

    ·         The Code

    ·         Designated representative

    ·         Training fee

    ·         Initial capital investment fee

    ·         Ongoing franchise fee

    ·         GST

    ·         Duties of the Franchisor

    ·         Duties of the franchisee

    ·         Premises

    ·         Customer referral

    ·         Accounts and Financial Records

    ·         Advertising and marketing

    ·         Non-Disclosure

    ·         Business name

    ·         Manual

    ·         Sale by franchisor

    ·         Sale by franchisee

    ·         Preconditions to consent to sale

    ·         Termination

    ·         Consequences of termination

    ·         Restraint of trade

    ·         Dispute resolution

    ·         Notice

    ·         Cost

    ·         Independent contractors

     

    Franchise agreement template is approximately 20 pages long.

     

     

     

    This Franchise Agreement Bundle Also Includes:-

     

    Franchising 2021 update commentary

     

    Disclosure-document-Franchise

    approx - 18 pages

    Franchise Agreeement for Mobile Franchise

    approx - 49 Pages

    Franchisees due diligence checklist

    approx - 2 Pages

    Franchising Code of Conduct

    approx - 88 Pages

    General Law Governing Franchising -COMMENTARY 1 July 2021

    approx - 4 pages

    Information statement for prospective franchisees

    approx - 4 pages

    KEY FACTS SHEET - Editable version

    approx - 5 pages

    KEY FACTS SHEET - with sample answers

    approx - 5 pages

    Master franchise agreement

    approx - 34 pages

     

     

     

     

    Includes GST

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      1. General Law Governing Franchising

      The term ‘franchising’ is normally used in connection with either a business format form of franchise or in connection with a product and trade mark franchise. Under a business format form of franchise, the Franchisor grants to the franchisee not only the right to use the franchisor’s trade marks but also the right to use an entire business format in accordance with which the franchisee must carry on their
      business.

      Franchising in Australia is governed by the Franchising Code of Conduct. The Franchising Code of Conduct is a mandatory industry code of conduct that has the force of law under the Competition and Consumer Act 2010 (Cth).
      The definition of ‘franchise agreement’ in the Franchising Code of Conduct is wide. An agreement exhibiting the features specified in Clause 4(1) of the Code, will be a franchise agreement for the purposes of the Code.

      2. The Code
      The Franchising Code of Conduct is contained in a Schedule to the Trade Practices (Industry Codes — Franchising) Regulations 1998 (the Code). A Franchising Code of Conduct compliance manual for franchisors and master franchisees is available free of charge from the Australian Competition and Consumer Commission website www.accc.gov.au.

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