Franchise Lawyers in Cairns

Franchise law and legal advice

Preston Law helps franchise businesses from various 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.

Talk to our commercial lawyers if you need legal advice regarding franchising in Cairns or anywhere in Australia.

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 to create a franchise agreement. This document is important because it legally binds the franchisor and franchisee. Both need to understand their rights, responsibilities, and obligations.

To franchise your business, you must conduct research, develop a business plan, and potentially seek financial guidance. This ensures 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 become a guarantor. This indemnifies the franchisor against any losses, which means you will be personally accountable for paying 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 before 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 franchise’s value 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.

Is there a cooling-off period?

Under the franchising Code of Conduct, there is a cooling-off period for franchise agreements. The Code states that franchisors can terminate new agreements within seven days of signing or payment.

If you made a payment, you are entitled to a refund minus any expenses incurred. The franchisor has 14 days to refund any payments

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