The Franchising Code of Conduct is a mandatory set of rules all Australian franchised businesses must abide by. There are 3 main areas which are covered by the Franchising Code of Conduct (the Code) Disclosure Franchise Agreements; and Dispute Resolution. Disclosure The disclosure document arguably forms the foundation to compliance with the Code by franchisors....Read More
If you are considering franchising your business here are some important considerations. Build a strong brand A successful franchise system needs a strong brand to attract and retain customers and franchisees. A brand is made up of many parts, for example, your name, your logo and your product/service. But the point to remember is to...Read More
Mediation is a process by which the parties to a dispute with the assistance of a mediator (a neutral third party) identify the issues in dispute, develop options around those issues, consider alternatives and endeavour to reach an agreement. The preliminary conference The mediator will usually contact each party and arrange a separate preliminary conference....Read More
The Franchising Code of Conduct uses 4 criteria to decide whether a business is a franchise. The existence of a system or marketing plan which the Franchisor creates and controls. It is likely that there is a system or marketing plan if some or all of the following apply: There are suggestions for retail prices...Read More
In South Australia (SA) retail shop leases are governed by the ‘Retail and Commercial Leases Act, 1995’ (the Act). Definition of a lessor and lessee Under the Act – A lessee is the person who has the right to occupy a retail shop under a retail shop lease. A lessor is the person who grants...Read More
Under the Franchising Code of Conduct (the Code) all Australian franchisors must issue a disclosure document to a prospective franchisee, or when proposing to renew or extend the scope or term of a franchise agreement. Disclosure Document Requirements The disclosure document must be: signed by a director or other officer of the franchisor, updated annually...Read More
Exclusive dealing involves one business imposing restrictions on another’s freedom to choose with whom, in what or where they deal. Sometimes this conduct is prohibited outright; at other times it is subjected to a test on whether it has substantially lessened competition in a market. Full line forcing Full line forcing involves a supplier refusing...Read More
A restraint of trade clause is a clause which is included in an agreement typically to stop someone from competing or using confidential information. WhenRead More
You can end the franchise agreement early or terminate a franchise agreement in a number of circumstances. Breach by franchisee You can terminate a franchiseRead More
Amazing service, Tsungai is very knowledgeable, thorough and extremely reasonably priced. Will definitely be referring him to friends and will use his services again.
I engaged Franchise Ease to assist in my due diligence in purchasing a franchise. Tsungai and his staff were prompt and professional in their communications and meet the timeframes with the production of a report assessing the franchise agreement and disclosure.The report was followed up with a meeting to go through the report and highlighted other areas of franchising that need consideration to ensure I was informed which I found to be helpful.The set fee for the due dilligence service is excellent value and I continued to clarify aspects of my agreements after the initial meeting.I am confident that the legal advice provided by Tsungai is accurate and current as he was across recent franchise case law outcomes.Personally I found Tsungai and his staff to be approachable and engaging and I would not hesitate to use them in the future.
I've had such amazing advice and service from Franchise Ease. They are experts in the field of franchising which can be scary going from corporate employment to owning your own business. Tsungai and his team are incredibably dedicated, knowledgable and helpful but most of all commercial.I have had nothing but positive experience and Tsungai is a pleasure to deal with! He is very personable, understanding and compassionate. He is able to work around any challenge in a fair and constructive way to reduce stress and pressure by offering advice that is always effective and advocate best practice. Matters of the law are dawnting to most people, I love that I have a Solicitor for my national franchise business that I can totally trust. I would highly recommend engaging Franchise Ease and Tsungai especially to help support your legal franchise matters!
I walked through the door thinking my situation was impossible to resolve. I was sure I had no leg to stand on in a legal dispute after reading my agreement many times. Tsungai addressed the matter by looking at the law in general. His outside the box approach helped me realise that despite what any contract says there are laws which may override the contract if it's unalwful.He also listened carefully and allowed me to speak and tell my full story. This mattered greatly as once he fully understood what was going on he then used his experience to resolve the dispute by asserting my legal rights to the other side.3 months later and I’m fast on my way on a new path and satisfied with the outcome. I can’t believe how close I came to giving up hope of a positive resolution. Thank you Mr Mukushi and Franchise Ease.
I had Franchise Ease assist me with my conservancy for the sale of a property. Couldn't be more pleased with their work. They went above and beyond, and explained the process clearly and precisely. I highly recommend them.
