Franchising is a rapidly expanding area of the small to medium business sector in Australia. It is also one of the most complex options for people wishing to start out in a new business. Whether you are establishing a new business for the first time or entering into a franchise agreement with a pre-established brand there are inherent risks and opportunities.

While franchising has its own rather unique set of potential risks it does provide the advantage and simplicity of having:

• pre-established set-up and operational procedures;
• a familiar brand identity; and
• support from a franchisor or network of other franchisees with insider expertise relating to your specific business. 

However franchising can sometimes prove too restrictive for people wanting to have a high degree of autonomy and creative freedom when it comes to:

• designing their brand; and

• making day-to-day decisions about the direction and management of their business.

If you are thinking about franchise ownership it is essential that you:

• understand your rights and responsibilities; and
• are satisfied that franchising is suitable for your personal and financial business goals.

This Legal Guide on Franchises provides information about entering into a franchise as a franchisee as well as setting up a franchise as a franchisor. Before making important decisions it is advisable to obtain legal advice specific to your situation. LegalEagle’s™ free directory profiles all lawyers in Australia. You can use it to Find a Lawyer near you.

Please select from our Articles, FAQ and Quetions & Answers sections all written by experienced lawyers. Our Glossary helps explain the meaning of any words you are unsure about. You can also Ask a Lawyer a question yourself. It is free and anonymous.

Warning: Information provided through LegalEagle™ is for general guidance. It is not legal advice. Laws and procedures referred to may change and differ between states, territories and nationally. There may also be important exceptions or qualifications. Only a lawyer providing formal legal advice can assess your particular circumstances to determine how the law will apply.