Expertise

Franchising

Overview

Franchising is a complex and unique contractual relationship that is built on mutual trust and respect.

Our team acts for a number of franchisors and franchisees in a variety of different industries across the spectrum of franchise formats. As a result of this broad experience, our team has developed extensive expertise and systems to assist franchisors and franchisees achieve their business goals.

 

We assist business owners in assessing whether and how to franchise their business by advising on:

  • Things to consider before franchising
  • Methods of assessing whether a business can be franchised
  • Steps to franchise a business
  • Resources required to develop a franchise system
  • Roles and obligations of franchisors and franchisees.

 

We assist franchisors in establishing and growing their franchise system by:

  • Developing legal structures that incentivise profitable franchise operations
  • Preparing commercial and legal franchise documents including franchise agreements and disclosure documents
  • Preparing business associated documents including supply and lease agreements
  • Assisting in choosing suitable franchisees
  • Assisting in the pre-contract negotiation process to ensure proper and adequate representations are made about the franchise
  • Protecting franchise intellectual property including advising on how to protect confidential franchise know-how
  • Advising on the expansion of existing franchise systems, including expansion into the Australian market
  • Advising on restructuring existing franchise models as a result of franchise expansion and for future proofing
  • Presenting seminars at franchisees’ conferences regarding relevant legal issues affecting franchisees.

 

We assist franchisees in purchasing existing franchises and establishing a new franchise by:

  • Reviewing and advising on franchise and associated documentation
  • Advising on the potential impact of franchise terms on the franchise business including term, territory, fees and restraint of trade
  • Preparing offer documentation
  • Assisting in the pre-contract negotiation process including lease negotiations
  • Advising on and establishing an appropriate vehicle for operating the franchise business
  • Assisting in obtaining business finance
  • Assisting in the settlement process.

 

Our team has also assisted both franchisors and franchisees in resolving franchise disputes successfully.


Experience


Work highlights

Advising The Coffee Guy Group

in relation to the sale of its mobile and convenience business and franchise system to ASX listed Retail Food Group

Advising the shareholders of retail food franchise company Foodco New Zealand

on the sale of its rights to 36 Muffin Break concept stores to Foodco Group Pty

Advising a New Zealand Post subsidiary

on the unwinding of its franchises for delivery of unaddressed mail

Advising Chevron New Zealand

on the disposal of StarMart non-fuels retail chain

Advising John Deere

on its Dealer Agreements in New Zealand

Advising Toyota New Zealand

on the Ministry of Economic Development’s discussion document (released in August 2008) about possible regulation of franchising in New Zealand
more

Our team

Allan Yeoman

Allan Yeoman

Partner, Auckland

Allan specialises in providing transactional and contracting advice in the technology and media sectors. He works with a range of IT...

  • DDI +64 9 363 1029
  • M +64 21 766 312

Email

David Thomson

David Thomson

Partner, Auckland
Board of Management

David specialises in corporate and commercial law with considerable experience in mergers and acquisitions, joint ventures, shareholdin...

  • DDI +64 9 363 0750
  • M +64 21 668 593

Email

Grant Dunn

Grant Dunn

Partner, Auckland

Grant specialises in corporate and commercial law and has over 20 years experience. He previously spent six years with the London...

  • DDI +64 9 363 0636
  • M +64 21 888 812

Email

Mark Odlin

Mark Odlin

Partner, Christchurch

Mark specialises in corporate and commercial law and advises on a range of financial, commercial and corporate law matters, including...

  • DDI +64 3 371 3525
  • M +64 21 753 769

Email