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
Sector / Expertise
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
Our team
Allan Yeoman
Partner, Auckland
Allan is a partner in Buddle Findlay's Technology, Media and Telecommunications (TMT) team. He specialises in providing transactional,…
- DDI +64 9 363 1029
- M +64 21 766 312
David Thomson
Partner, Auckland
David specialises in corporate and commercial law with considerable experience in mergers and acquisitions, joint ventures, governance,…
- DDI +64 9 363 0750
- M +64 21 668 593
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
Mark Odlin
Partner, Christchurch
Board of Management
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