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The franchise agreement is a legally binding document spelling out the rights and responsibilities of both the franchisor and franchisee.

Before you sign the agreement you should obtain as much information about the franchise as possible. Consider the following questions:

What are the details of the business?

  • Do you have all the relevant information on the business?
  • What is the track record of the franchisor?
  • What are the franchisor's current motives for franchising?
  • Does the franchise have a strategic plan and what are the plans for the future?
  • What is the success rate of other franchisees in the same business?

What is included in the sale?

  • Does the sale include the use of business name, products, reputation/goodwill, site location, advertising budget or back-up assistance?
  • What are your intellectual property rights and obligations?
  • What are the terms of sale of goods? Can you purchase from outside the franchise network?

What are your obligations?

  • What are your occupational health and safety obligations?
  • What are your obligations upon termination of the franchise?
  • Are there guidelines/costs when you sell the franchise?
  • Are the operating procedures, employee responsibilities, and standards spelled out in the franchise manual?

What fees do you need to pay?

  • an initial franchise purchase fee?
  • franchise renewal fees?
  • franchise service fees/royalties?
  • advertising fees?
  • transfer fees?
  • training fees?

What to do…

  • Refer to the Australian Competition and Consumer Commission's website for the following resources:
    • Franchisee manual
    • Checklist before signing a lease agreement
    • Franchisee start-up checklist
    • Competing Fairly Forum online video "Franchising - is it right for you?"
    • Being smart about your new franchise and your retail lease fact sheet.
  • Visit IP Australia's Smart Start website for information on Franchising & IP.
  • Find out what you need to know before you sign a franchise agreement on the Business Victoria website.
  • Read the Working with contracts (PDF, 0.30MB) guide for information on contracts.
  • View the Franchise business guide to OH&S responsibilities for specific information for franchisees in each state or territory.
  • See our Occupational health and safety topic for more general OH&S information.
  • Consult a business adviser, accountant or solicitor for advice.
  • Find out about buying a franchise in your state or territory.


This information is brought to you by business.gov.au and Gippsland ACC
business.gov.au - Your business gateway to government information and services



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