What we do
For Franchisors
Franchising is a highly regulated industry in Australia. Having a commercially astute lawyer experienced in franchising is invaluable for franchise systems.
From the very beginning of establishing a franchise, we handle all the necessary legal aspects for our valued franchisors, including drafting the franchise suite of documents, the franchise granting process, handling breaches, terminations, and resolving disputes as they arise. Additionally, we offer support with international expansion, leasing, master franchise arrangements, and restructures and sales.
Just some of the projects we offer franchisors include:
Franchise Set Up
$11,000 + GST
We will draft your franchise suite of documents (see our article here) including:
- up to 4 rounds of revisions;
- meeting with you/ your accountant as required; and
- providing all the legal documents you need to go to market.
Franchise Suite Update
From $4,000 + GST
We will review your Franchise Agreement and Disclosure Document to ensure legal compliance and to identify any drafting errors/ inconsistencies and unusual terms. We will consider amendments to the Franchising Code, the Unfair Contract Term laws (including as updated in November 2023) and the prescribed information required. We will set out our suggested changes and rationale for those changes, meet with you to discuss/ take instructions and update your Franchise Suite as required.
Magnolia Monthly
From $1,900 + GST
For Franchisees
Franchising is high commitment and high stakes. If you are entering into a franchise, you need an experienced and commercially astute lawyer who knows franchising. Magnolia Legal are well-versed in the Franchising Code and franchise documentation. We have two franchise review options, our Key Point Review and our more Comprehensive Review. In addition, we can assist Franchisees with disputes, franchise exits, and leasing projects.
Some of the Projects we offer franchisees include:
Sale of Business Agreement Review - Purchase of an existing franchise
$925 + GST
If you’re purchasing an existing franchised business, you will likely be provided with a sale of business agreement. This agreement must be legally compliant, fair, and properly reflect the deal struck. This project includes reviewing the sale agreement and advising of any ambiguous clauses, unfair clauses, clauses which should be amended to reflect the nature of the deal, or any part of the document which conflicts with applicable laws. We also set out suggested negotiations, or further due diligence enquiries we recommend you undertake.
Once we have provided our review, we have a consultation to run through our advice.
Comprehensive Review – Franchise Agreement and Disclosure Document
$1,475 + GST
Targeted at new franchisees, franchisees unfamiliar with franchising documentation or those with a high investment, our comprehensive review includes:
- the provision of written advice detailing your legal obligations and risks, any unusual or onerous clauses, potential points for further inquiry or negotiation, and written responses to your questions;
- a consultation to run through our advice and any questions you have (up to 1.5 hours); and
- we will also sign the advice certificate.
45-minute Preliminary Advice Consultation
$875 + GST
Got a legal question you need some initial advice on? This project includes:
- a review of relevant documents (up to 50 pages);
- a 45-minute consultation wherein we discuss your issue and provide our preliminary advice, any suggested further lines of inquiry and an initial response to your questions; and
- provision of an email summary of our discussion and any action points.
For SMEs, including Retail & E-Commerce
We apply our commercial and straightforward approach to drafting and reviewing all commercial documents. We offer upfront fixed fees for most projects.
Just some of the projects we offer SME’s include:
-
E-commerce – terms and conditions, marketplace terms and consumer law advice
-
Retail – retail leasing, employment law advice and documentation, and consumer law advice
-
Website packages – privacy policies, website terms of use and e-commerce terms and conditions
-
Trade promotion terms and conditions and consents
-
Supplier agreements, distribution agreements and similar
Intellectual Property (IP)
IP is at the heart of every brand and a highly valuable asset that needs to be protected. IP includes a business’s trade marks, its copyright, any registered designs, and patents. We help protect IP, we help license and assign IP and we advise on IP.
Some of the projects we can assist with include:
-
Drafting and advising on brand licencing arrangements
-
Drafting and advising on brand collaborations
-
Drafting and advising on IP assignments and licences
Dispute Resolution and Litigation
We are highly experienced in dispute resolution and litigation. Just like with all our projects, Magnolia Legal adopts a commercial focus when seeking to resolve disputes.
Some projects we assist with include:
-
Mediations – including preparation of position papers, strategy conferences, and attendance at mediations
-
Letters of demand/ issuing dispute notices – have a commercial grievance? We can advise upon the causes of action that may be available to you, and help you pursue those
-
Litigation – we are experienced in all tiers of the NSW and Federal Court systems