Franchising

We know franchising like the back of our hands.

We’re passionate and highly experienced in all aspects of franchise law, with clients locally, nationally and globally.

As franchise lawyers, ASCO Legal has a long history with franchising and we have worked with many very well-known brands throughout NZ.

With our vast industry knowledge, we’re well placed to help you develop a franchise business model that works effectively and efficiently for your business goals. We work with businesses in many different fields to assist them with their franchising needs as both franchisor and franchisee.

For many years we have authored franchising resources for a market leader. Those resources are used as precedents nationally by lawyers. ASCO Legal has also been a member of the Franchising Association of New Zealand for many years, and we have very good relationships in the industry. 

The share of the New Zealand economy represented by franchised businesses is substantial and continues to grow. Many businesses, both large and small, use franchising for all, or part of their operations. They range from banks and some of our biggest corporates to home services businesses. A high proportion of business carried out by small to medium businesses in New Zealand is carried out through franchised outlets.

Franchising is a way of doing business and is spread across many different types of business activities. It offers great advantages, allowing growth, leverage, greater brand power and marketing benefits as well as cost and risk allocation. It also offers an ability to harness the drive and energies of individual business owners as a team. Buying a business as a franchisee can have many advantages including allowing the buyers to be in business while having systems and guidelines to follow within an established and successful framework, but there are also pitfalls and considerations that may not even enter your mind without the assistance of a franchise business lawyer.

ASCO Legal’s Service Offering:

Our experience and expertise includes:

• Development of new franchise systems, including corporate structuring
• Franchising existing businesses
• Reviewing and upgrading existing franchise systems and structures
• Preparation of all documents including:
  • franchise agreements
  • master franchise agreements, distribution licences and all forms of agreements and licenses
  • applications and consents
  • compliance within the relevant sector including general business law and consumer legislative compliance
  • confidentiality agreements
  • disclosure documents
  • application forms
• Adapting and modifying overseas franchising documents (e.g. from South Africa and Australia) in order to bring an exciting new franchise to New Zealand - so that the new franchise meets the New Zealand market, expectations, and legal requirements and makes a splash in all the right ways
• Brand name and IP protection including New Zealand trade marks
• Termination of franchise agreements including restraint of trade (competition) provisions and assistance
• Reviewing, assisting, negotiating and drafting complex commercial leases and terms including leases for shopping malls and heavily customised leases designed to suit the requirements and expectations of our client parties - whether they are the Franchisor, Landlord, Franchisee or Tenant