Franchise Lawyers in Cairns

Franchise law and legal advice

Preston Law’s commercial law team act for franchisors and franchisees across a range of industries, including retail, real estate, and hospitality.

We help clients understand the complex regulations and requirements of franchising so they can make informed business decisions.

Our lawyers can help your franchising deals go smoothly and create success and growth for everyone.

If you need legal advice regarding franchising in Cairns or anywhere in Australia, talk to our commercial lawyers.

Our services

Our services include:

  • franchise agreements
  • franchising structures
  • franchising disputes
  • due diligence
  • drafting and reviewing franchise documents, including disclosure statements, and franchisee heads of agreement
  • compliance with franchising codes
  • regulatory compliance
  • competition and consumer law
  • property law (licences and leases)
  • intellectual property rights
  • business law.

Contact us to find out how our lawyers can partner with you on your franchising business.

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Frequently Asked Questions

How do I create a franchise agreement?

It is important to seek legal advice in order to create a franchise agreement. As this is a legally binding document between the franchisor and the franchisee, it is vital that both parties have a clear understanding of their rights, responsibilities, and obligations.

In addition, if you are seeking to turn an existing business into a franchise, you will need to conduct research, develop a business model and potentially seek financial advice. This is to ensure you can disclose the appropriate documentation to any potential franchisee.

What is a personal guarantee and why do I need one?

Franchisors often require a personal guarantee. In this instance, when you sign a personal guarantee as a franchisee you are becoming a guarantor. This essentially indemnifies the franchisor against any losses, which means you will be personally accountable for the payment of any franchise fees in the agreement.

Personal guarantees are designed to protect the franchisor against losses. Whether you are a franchisor or franchisee, you should always seek legal advice from a franchising expert prior to signing one.

Do I need legal advice when entering into a franchise?

It is important that you seek independent legal advice before entering into a franchise agreement. Regardless of whether the value of the franchise is high or low, these contracts stipulate what a franchisee is responsible for and the extent of the franchisor’s obligations.

Most franchise disputes occur when either party does not fulfil or understand their obligations as part of the franchise agreement.

We recommend you seek legal advice:

  • Prior to signing a franchise agreement
  • During any cooling-off period
  • If any variations are required
  • When ending the agreement.

Talk to our franchise lawyers in Cairns to ensure you understand your rights and obligations.

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