Franchising

We act for a number of franchisors and franchisees in a variety of different industries across the spectrum of franchise formats.  As a result of our experience, we have developed extensive expertise and systems to assist franchisors and franchisees achieve their business goals.

Overview

We understand that franchising is a complex and unique contractual relationship, built on mutual trust and respect.

Franchising a business

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

  • Things to consider before franchising
  • Methods to assess if a business can be franchised
  • Steps to franchise a business
  • Resources required to develop a franchise system
  • Roles and obligations of franchisors and franchisees.
Establishing and growing franchise systems

We help franchisors establish and grow their franchise system by:

  • Developing legal structures that promote 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 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
  • Giving advice on expanding existing franchise systems, including expanding into Australia
  • Advising on restructuring existing franchise models, as a result of franchise expansion and for future proofing.
Purchasing existing franchises

We help franchisees purchase existing franchises by:

  • Reviewing and advising on the 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 to successfully resolve franchise disputes.


Experience


Work highlights

Burger King

We advised Burger King on its New Zealand franchise operations and Master Franchise Agreement.

The Coffee Guy Group

We advised The Coffee Guy Group on the sale of its mobile and convenience business and franchise system to ASX listed Retail Food Group.

International courier franchise

We advised on the franchising aspects of the acquisition of the New Zealand master franchisee for an international courier franchise.

McLarens Young

We advised McLarens Young on the unwind and corporatisation of its franchise model.

Foodco New Zealand

We advised 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.

Joe's Garage franchisee

We advised a Joe's Garage franchisee on the franchise documentation and negotiations with the franchisor, together with the associated lease for new build premises.


Our team

Allan Yeoman

Partner, Auckland

Allan is a partner in Buddle Findlay's Technology, Media and Telecommunications (TMT) team. He specialises in providing…

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David Thomson

Partner, Auckland

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

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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…

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Lisette Hood

Partner, Auckland

Lisette specialises in corporate and commercial law, with particular emphasis on commercial contracting, corporate governance and merge…

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Mark Odlin

Partner, Christchurch

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

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Philip Wood

Partner, Auckland

Philip specialises in providing commercial, IT, telecommunication, media and television/film sector advice including strategic advice…

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