Franchise Lawyers for Franchisors and Franchisees
Franchise agreement review and drafting, disclosure documents, Franchising Code compliance, leasing and supplier arrangements, exits and disputes — for franchisors building a system and franchisees deciding whether to sign.
Know what you need? Request a fixed-fee quote and upload your documents. Not sure of scope? Book a short call with a senior lawyer instead.
Who we help
Franchising in Australia runs on a regulated document set. The Franchising Code of Conduct dictates what a franchisor must disclose, when, and what a franchisee must be given time to consider. Around that sits the ordinary commercial law of leases, supply arrangements, employment, intellectual property and business sales — and the ordinary commercial reality that a franchise agreement is a long-term relationship entered into on the franchisor's paper.
Envision Legal acts for both sides, though never on the same system. For franchisors, we prepare and update franchise agreements, disclosure documents and key facts sheets, structure master franchise and area development arrangements, and advise on supplier, marketing fund and territory issues as the network grows. For franchisees, we review the disclosure document and franchise agreement before signing, explain what the terms actually mean for the business, negotiate variations where there is room, and advise on renewals, transfers and exits.
We also handle the surrounding transactions: buying or selling a franchised business, leases and licences to occupy, and disputes when the relationship breaks down.
How we help
Legal services we provide
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Franchise agreement review for franchisees
A plain-English review of the disclosure document, franchise agreement and key facts sheet before the cooling-off period ends, with the terms that will matter in practice flagged.
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Franchise agreement drafting for franchisors
Franchise agreements, disclosure documents, key facts sheets and operations manual overlays prepared to comply with the Code and to work commercially.
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Franchising Code compliance
Disclosure timing, the 14-day rule, cooling-off, marketing fund reporting, good faith obligations and the 2025 amendments.
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Buying or selling a franchised business
Business sale agreements, franchisor consent, transfer conditions and training requirements when a franchise changes hands.
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Leasing and premises
Head leases, subleases and licences to occupy, and the interaction between the lease term and the franchise term.
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Supplier and marketing fund arrangements
Approved supplier agreements, rebate disclosure and marketing fund governance for franchisors.
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Intellectual property and brand
Trade mark registration and licensing of the system's brand and materials to franchisees.
Restraints and exit
Post-term restraints, end-of-term arrangements, goodwill and buy-back terms on renewal, transfer or termination.
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Franchise disputes
Breach notices, termination, Code mediation, ACCC complaints and litigation for franchisors and franchisees.
Common legal issues
Situations we are usually brought in on
“You have received a disclosure document and have 14 days before you can sign.”
The cooling-off and disclosure periods exist so you can get advice. The questions that matter are the fees beyond the initial fee, the territory terms, what happens at end of term, the restraint, and whether the financial information supports the business case.
“A franchisee wants to sell and the buyer is unknown to you.”
A franchisor can withhold consent to a transfer only on the grounds the Code permits, and must respond within set timeframes. The agreement and the Code together govern what you can require of the incoming franchisee.
“Your lease expires two years before the franchise term ends.”
Misaligned lease and franchise terms are common and create real exposure for franchisees. The approach depends on who holds the head lease and what the franchise agreement says about premises.
“The franchisor changes the approved supplier and your margin drops.”
Whether a franchisor can do this, and what it must disclose about rebates, is governed by the agreement and the Code's disclosure requirements. Good faith obligations may also be relevant.
“You are ready to franchise your business for the first time.”
The system needs a franchise agreement, disclosure document, key facts sheet, trade mark protection, an operations manual and a recruitment process that complies with the Code before the first franchisee signs.
“A franchisee has stopped paying royalties and is not responding.”
The Code sets out the process for breach notices and termination, and mediation is usually required before proceedings. Skipping steps can undermine an otherwise valid termination.
Documents we can help with
- Franchise agreement
- Disclosure document and key facts sheet
- Master franchise and area development agreements
- Franchise transfer and consent documents
- Business sale agreement for a franchised business
- Lease, sublease or licence to occupy
- Approved supplier agreement
- Trade mark licence and brand guidelines
- Restraint of trade and confidentiality deeds
- Breach notice, termination notice and mediation documents
- Deed of release on exit
When to involve a commercial lawyer
- Before signing a franchise agreement, and within the disclosure period
- Before franchising a business for the first time
- When buying or selling a franchised outlet
- When the lease and franchise terms do not align
- At renewal, or when a franchisor signals it will not renew
- As soon as a breach notice is issued or received
- When the Code changes and the document set needs updating
Why Envision Legal
Commercial context, not just legal risk
- Senior commercial lawyers do the work — you deal directly with the person advising you, not a rotating cast of juniors.
- Our lawyers have worked inside businesses as well as in law firms, so advice is framed around the commercial decision, not just the legal risk.
- Fixed fees for scoped work, agreed before we start, so legal spend is predictable.
- Plain-English drafting and advice that your team and your customers can actually use.
- A technology-enabled service model — secure document upload, client portal and fast turnaround — without the overhead of a large firm.
- Ongoing support is available through fractional general counsel arrangements when a business needs more than one-off documents.
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FAQs
- Should I get a franchise agreement reviewed before signing?
- Yes. The Code requires franchisors to give you the disclosure document and agreement at least 14 days before signing and to recommend that you take legal, accounting and business advice. Franchise agreements are long, one-sided by design and difficult to change later. A fixed-fee review before signing is a small cost against a five- or ten-year commitment.
- Can a franchisee negotiate the franchise agreement?
- Sometimes. Established systems rarely change core terms, but there is often room on territory, initial fee timing, fit-out contributions, renewal terms and restraint scope, particularly in newer or smaller systems. Any agreed variations should be documented before signing.
- What does a franchisor need before recruiting franchisees?
- A Code-compliant franchise agreement, disclosure document and key facts sheet, registered or applied-for trade marks, an operations manual, a compliant recruitment and disclosure process, and a clear commercial model for fees, territories and supply. Getting the structure right before the first agreement avoids retrofitting later.
- What is the cooling-off period under the Franchising Code?
- A franchisee may terminate within 14 days after signing or paying money under a new franchise agreement, and in certain circumstances after taking a lease. The 2025 amendments have adjusted some of these rights, so the current Code should be checked for your situation.
- Can a franchisor refuse to renew a franchise agreement?
- If the agreement does not grant a renewal right, generally yes, subject to the Code's notice requirements and good faith obligations. The end-of-term arrangements — including goodwill, restraints and what happens to the premises — should be understood before you sign, not at year five.
- Are restraints in franchise agreements enforceable?
- Often, if they are reasonable in scope and duration and protect the franchisor's legitimate interests in the system. The Code also limits restraints in some circumstances where a franchisor declines to renew. Enforceability depends on the wording and the circumstances.
- Do you act for franchisors and franchisees?
- Yes, but never for both sides of the same system. We check for conflicts before taking on any franchise matter.
- How do franchise disputes usually get resolved?
- The Code requires parties to attempt resolution, and mediation through the Australian Small Business and Family Enterprise Ombudsman is common before court proceedings. Early legal advice on the notices and the process usually improves the outcome for either side.
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Talk to us
Need franchise legal support for your business?
Send us a note about what you're working on. We'll respond within one business day and, if we're a fit, book a free 15-minute consultation with a senior lawyer.