Preparing your franchise agreement & manual
A franchise agreement is a legal contract that outlines the rights and obligations of you and your franchisee, and your relationship with them.
Having your franchise agreement reviewed by a solicitor experienced in franchise issues is often an important first step. Allowing for a review can ensure that you're complying with the Franchising Code of Conduct.
You should also create a franchise operating manual detailing how the franchise is to be run. Getting your agreement and operating manual right can help ensure a successful franchise.
Protecting your Intellectual Property (IP)
Your brand name, trade mark, business method or unique business idea (all forms of IP) can be the basis of a successful franchise business. Make sure you protect your IP and develop clear guidelines for its terms of use in your franchise agreement and operating manual.
Complying with Occupational Health and Safety obligations (OH&S)
As a franchisor, you have OH&S obligations to your franchisees. Your franchise agreement and operating manual need to comply with all OH&S laws and ensure the safety of all people involved in the franchise.
What to do…
- Read the Franchising Code of Conduct to find out what must be in your agreement.
- Consult a business adviser, accountant, solicitor or franchise consultant for advice on setting up your franchise agreement.
- Visit the IP Australia website for more information on your IP rights as a franchisor.
- See our Intellectual property topic.
- See our Occupational health & safety topic for more general OH&S information.
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