Latest Legal Issues: Unfair Contract Terms – Franchise-Ready Leases

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Whether you are a franchisor or a franchisee, it’s important you maintain a proactive approach to risk management to ensure your business is protected. The Coleman Greig Franchise Forum is designed to keep you up-to-date with the latest legal issues and provide you with tips and strategies to stay ahead of the game.

Our upcoming Franchise Forum will cover two important topics:

New Small Business Unfair Contract Terms Regime – Can your franchise agreements become unenforceable?

Legislation has been passed to extend the unfair contract term protections to small business contracts. Prior to being passed, the legislation was amended to capture contracts of higher value so it is now anticipated that 95% of contracts with small businesses will be the subject of the new laws.

Our franchising law specialist, Racha Abboud will provide an overview of the new laws coming into force in 2016. These laws may require you to update your franchise agreement and remove any unfair contract terms.

Topics we will cover include:

• What contracts are ‘small business contracts’?
• What is an ‘unfair term’ in a small business contract?
• What terms will be subject to most scrutiny?
• What does this mean for your franchise agreements?
• What do you need to do to ensure your franchise agreements aren’t caught by the legislation?

Is Your Lease Franchise-Ready?

When you lease premises from which a franchise business is to be conducted, you really need to make sure that your lease is drafted in a way that is relevant to both your specific type of industry and to allow you to operate a franchise.

Our commercial and retail leasing specialist, Andrew Grima will walk you through some key issues for you to consider in negotiating a lease which is relevant for your franchise.

Topics we will cover include:

• What obligations should you be able to directly pass onto your franchisee?
• Mechanisms for allowing your franchisee to occupy the premises
• Potential road blocks to your ability to sell your brand or change control of your franchise company
• Ability to trade at the hours you need and at what cost

Places will be limited so book now to secure your place.