franchise agreement

Healthy fast food chain Oliver’s Real Foods has signed a master franchise agreement which gives EG Fuelco exclusive franchisee rights to the Oliver’s restaurant brand in the petrol and convenience sector. Under

Back in Motion is to remove allegedly unfair terms from its franchise agreement after the Australian Competition and Consumer Commission raised concerns about certain clauses. The physiotherapy group has admitted

What could possibly go wrong? How to ensure you don’t set yourself up for trouble when setting up or amending your franchise agreement. As a franchisor, when drafting or amending your

Debenhams’ sole Australian store is set to close after Greenlit Brands subsidiary, PSEA Dept Store confirmed its Debenhams Australia franchise terminated. Both franchise and brand agreements to operate the Melbourne outlet will be

What do you need to know about capital expenditure for your franchisees?

Change is crucial to the survival of most things – from studying natural history to learning from the great business leaders of our times.

All franchisors in Australia must ensure that they comply with the requirements of the Franchising Code of Conduct (the Code). This including ensuring that their franchise agreements are compliant and up to date with all legislative requirements.

The recent decision of the NSW Court of Appeal in BB Australia Pty Ltd v Danset Pty Ltd [2018] NSWCA 101 found that while there had been a clear breach of the franchise agreement, the franchisor had failed to show that loss had been incurred,or that a duty had been breached and thus was unable to obtain payment for the breach.

“Take it or leave it” is the traditional response given to a prospective franchisee asking to negotiate a franchise agreement. Franchisors sometimes agree to special conditions such as reduced fees or other concessions while the franchisee establishes their customer base but generally don’t negotiate the key provisions of a franchise agreement.

Don’t forget you might need to update your franchise agreement by 31 October.