Existing Franchisors - How Can We Support You?

If you are an established franchisor, you want to be surrounded by a supportive, proactive team of advisors so that you can concentrate on what’s important to you – running your franchise system.  We can offer you the necessary support and proactivity to give you peace of mind as you get on with running your business.

What we aim to do

• It is not our aim to poach all your work from your existing lawyer – in fact we hope that we can work with your existing lawyers, keeping them up to date with the work that we are doing for you.  Rather, we are franchising specialists and our aim is to work with you to ensure that you have the best franchise system possible. 
• Law and franchising practise is always evolving.  It is virtually impossible for a franchisor to effectively run a franchise and keep across all the legal and industry changes.  That is where we can help – as franchising experts, it is our job to know exactly what’s going on in the law books and the market.

How we do it

• Reviewing your franchise documents: To keep abreast of the ongoing developments in franchising – both legal and in the market – regular reviews should be carried out on your franchise documentations.   Such reviews can avoid headaches further down the track as issuing out-of-date documentation can lead to inaccuracies and inconsistencies and, worst case scenario, serious disputes.  Appropriate, up-to-date documentation is your best insurance policy and we can ensure that that policy is valid for you.
• Helping you expand outside NZ:  Often a successful franchisor will want to take its system abroad.  Most commonly we find that franchisors like to move their systems into Australia.  Franchising in Australia is regulated which means a New Zealand franchise agreement cannot be used in Australia.  We are familiar with the sort of amendments that need to be made to a franchising agreement and can liaise with law firms in Australia to ensure that the agreement complies with Australian laws without compromising your franchise.  We can also assist you with registering your trademarks in Australia.
• If a franchisor wishes to expand further afield in to North America or the United Kingdom, we can introduce you to industry specific contacts to assist you with that growth.
• Regular meetings:  One of the keys to our most successful franchisor relationships is regular meetings.  Such meetings mean that, not only do we get a greater understanding of your business, we are kept up to date with issues and can address them before they become too problematic.  They also provide a platform for monitoring the status of transactions.  Regular meetings can be pre-arranged.
• Introductions to other industry players:  We have an expansive network of other experts in the franchising industry and we take an active role in introducing our franchisors to those which we believe can add value to your business.  Those experts range from accountants, bankers, manual writers, recruitment and training experts, sign writers, marketing experts, fit-out and merchandising experts and other franchisors.
• Our relationships with franchising experts prove invaluable, as we often find ourselves responsible for liaising with and co-ordinating all the experts to ensure that client project deadlines are met and acting as the project overseer to ensure that no holes are left unplugged.  Our relationships mean that more often than not we know the experts and can undertake this role in an efficient manner.
• We are actively involved with organisations both here on the North Shore [and in the city] and regularly attend, host and/or run events.   For example our senior partner, Derek Dallow, is a member of the North Harbour Club which represents some on the top businesses on the North Shore.  From time to time we invite our franchisor clients to speak at events, giving them a chance to increase their exposure and meet other like minded business people.
• Industry specific issues:  Franchisors operate their franchise systems in specific industries.  We tailor our advice to address the special requirements of those industries.
• Protection of your intellectual property:  Your intellectual property is the most valuable asset in your franchise system.  It is, therefore, essential that all your trademarks, systems, methods of business, product designs, copyright, know-how etc are properly protected.  We frequently undertake intellectual property audits for our clients so that our clients understand the ownership and use of their intellectual property and to ensure that it is protected.
• We are specialists in registering trademarks both here in New Zealand and in Australia.  We have contacts overseas who we can engage to ensure that you have international brand protection.
• Training:  It is vital that both you and your employees keep abreast with not only your own franchise system but also any changes in the law.  Understanding the legal side of your franchise system is essential for any of your employees who market your system and negotiate with prospective franchisees.  We can come and speak with you and your employees to ensure they understand the legals of your franchise system. 
• Issuing new franchise agreements and renewals:  Successful franchisors will frequently be issuing new franchise agreements and renewals.  It sounds obvious but you need to be confident that any documentation issued on your behalf are properly drafted and complete in every aspect so that you can be confident that you can enforce your agreement should a dispute arise.  It is our job to ensure that your documentation is properly drafted and complete.
• As part of issuing new documentation we will liaise with the franchisee’s solicitors and negotiate any legal points on your behalf.  New franchisees frequently request amendments to the franchise agreement and we have considerable experience in dealing with such negotiations in a commercial yet sensitive manner to ensure that the franchisee’s concerns are dealt with but not to your detriment.
• Exits & terminations:  Disgruntled franchisees can cause disharmony and damage to even the strongest franchises.  It is essential that such disharmony is quashed and damage stopped as quickly and cost efficiently as possible. In many instances the most desirable outcome for all involved is that the franchisee exits the system.  We can assist you with this often sensitive and stressful matter.
• If the franchisee wishes to sell its business, we can prepare the new franchise agreement and all other related documentation.
• Disputes:  Even within the most successful franchise systems there will be disputes between franchisors and their franchisees.  We can advise you on such disputes and will in all cases endeavour to have them resolved in a satisfactory manner before costly dispute resolution clauses within the franchise agreement are evoked.  In the event that the dispute does progress to litigation we have contacts with several litigators experienced in franchise disputes.