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Franchise

12. Establishing a Franchise

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 27 Jul 2015
    12. Establishing a Franchise
  • Successful business owners may want to expand their current operations and to consider the development of a franchise to help them do so.
  • Becoming a franchisor can be an exciting time for a successful business owner. However it is important to note that running a successful business and creating a franchise out of that business can require two completely different skills sets and will carry very different risks.
  • Before making the leap into franchise operations there are a number of important elements to consider.
  • To decide whether you and your business are suitable and ready for the establishment of a franchise you should consider the following:
  • does your business operate successfully and have a proven positive cash flow?
  • can your business operations and procedures be easily systemised, replicated and adapted to other locations or contexts?
  • is your business concept profitable enough to generate sufficient income from your franchisees?
  • have you got a unique trademark or other intellectual property that provides strong identification with your brand and business?
  • is your business success consistent and sustainable?
  • do you have a strong goal to grow and expand your business?
  • do you have the capital to invest in the development of a franchise plan and to assume the risk associated with additional capital investment of a franchisee?
  • If you believe your business is suitable for a franchise you should seek legal advice before you proceed. Establishing a franchise is:
  • complex;
  • risky;
  • expensive; and
  • can take a very long time to set up.
  • Engaging a lawyer can save you time, money and risk by assisting you in the early and ongoing phases of developing a franchise. Our free Find a Lawyer  directory may help you get in touch with an experienced franchise lawyer near you.
  • Some of the main tasks with which a franchise lawyer can assist include:
  • developing operational manuals;
  • understanding any compliance requirements applicable to any new locations;
  • leasing premises;
  • establishing supply arrangements and negotiating costs for these; and
  • drafting franchise agreements. 

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