The right to own and operate a franchise business pursuant to a Franchise Agreement is rarely perpetual. 9 times out of 10 the franchised rights are subject to a fixed or maximum term – much like a commercial lease. However, even the most generous term with multiple renewals is no guarantee to a franchisee that they are purchasing a lasting or long-term business. Franchise Agreements are typically loaded in the franchisor’s favour with multiple paths for the franchisor to end the franchise prior to expiry of term, often for breach that can seem minor or immaterial.
Unlike a commercial lease, there is little if any legal protection for a franchisee outside the words of a Franchise Agreement; and sudden termination can have catastrophic implications for the franchisee, customers and the franchisor’s network. This On Demand seminar introduces the ways in which a franchise can come to an end; discuss options and consequences for a franchisee or franchisor where franchisee breach or performance could lead to termination; set out franchisee options for early exit; cover wrongful termination; and look at post-termination considerations such as restraint of trade and ownership of goodwill in the business.
- Become better informed about what the provisions relating to term and termination really mean, when advising potential franchisees in their due diligence prior to signing a Franchise Agreement.
- Gain insights into potential legal issues and options when advising franchisors or franchisees where the franchisee is in default and their franchise could be terminated, or the franchisee wishes to exit without cause before the term has ended.
- Receive an update on case law and trends in enforcement of restraint of trade and the penalties doctrine as they apply to franchising.
Who should view?
Commercial lawyers, litigators and general practitioners who act, or may be approached to act, for a franchisor or franchisee (at the outset or subsequently). Accountants and business brokers with an interest in franchising may also benefit from attending.
Access details will be delivered via email within 15 minutes.
The Franchise Lawyer
Sarah has over 20 years’ experience as a commercial lawyer, dealing with all aspects of owning and operating businesses for her clients, with a particular focus on franchise work.
She has worked outside the law as a HR Manager and a franchise consultant, and with her husband owned a commercial property services business for over 15 years. Buying, owning and selling her own business has given Sarah a genuine understanding of the issues owners and managers have to deal with, and as a lawyer is mindful of balancing legal and practical advice.
She has acted for many well-known franchise systems over the years. Sarah has a LLB from Otago, and a DipBus and a MComLaw(Hons) from Auckland.
She has presented at NZLS and Chartered Accountants CPD events, written several articles in business and franchise publications, and is a member of ADLS’ CPD Committee, the Institute of Directors and the Franchise Association of NZ.
Deirdre has practised as a Barrister since 1993, and has undertaken a wide variety of general commercial and civil litigation, with a strong focus on franchise disputes. She has acted for some of New Zealand’s most well-known franchisors and for numerous franchisees.
She is a regular presenter on franchise issues, has written many articles in franchising, lectures at Auckland University in franchising and is a Board Member of the New Zealand Franchise Association.