Brookers Franchising Precedents is a collection of the documents, forms and precedents required by any lawyer who is required to provide advice to a client on franchising.

The relationship between franchisor and franchisee is one of contract law. New Zealand has no common law decision overlaying this with a requirement that the relationship is of such a special nature that a duty of good faith can be implied.

Careful consideration of a number of matters is therefore required by anyone who provides legal advice to clients involved in franchise arrangements.

Lawyers who advise on franchises must be able to prepare the parties to make the most of the business opportunity, by understanding what is expected by the relationship. Brookers Franchising Precedents is an ideal starting point for this advice.

Introduction

• General Information

Preliminary Non-Disclosure Agreement

• Disclosure Document

Preliminary

• Preliminary Agreement

Franchise

• Franchise Agreement
• Additional clauses for use if franchisor is a master licensee

Non-Disclosure Agreement for Applicant Master Licensee

• Non-disclosure agreement for master licence applicant

Certificates

• Solicitor’s certificate
• Accountant’s certificate
• Advice certificate

Registered User and Trade Mark Licence

• Trade mark licence deed

Other Documents

• Manager’s agreement
• Franchise manual contents
• Clauses for franchisee’s employee’s employment agreements and independent contractors
• Privacy Act disclosure consent
• Confidentiality covenant
• Lease rider
• Clauses for sale and purchase of a franchise business
• Deed of surrender and release

Franchise Association of New Zealand Inc:

• Code of Ethics
• Code of Practice