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Part 1: Setting Up and Managing a Franchise System

November 5, 2024

Table of Contents

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About this guide

If you’re an international motor vehicle company looking to import and distribute motor vehicles in Australia, this guide is designed to help you understand the legal framework and practical steps involved in setting up an automotive franchise system.

In this four part series, we’ll walk you through the essential elements of franchising in Australia, focusing on the following key areas:

  • Part 1: Setting Up and Managing a Franchise System
  • Part 2: Understanding the Franchising Code of Conduct
  • Part 3: Navigating Other Legal Frameworks Relevant to Automotive Franchises
  • Part 4: Setting Up Your Business Premises with Our Commercial Leasing Team

This comprehensive guide provides practical and actionable insights to help you confidently navigate the Australian franchising landscape.

Why Franchising?

Franchising can be an incredibly effective method for expanding a business, particularly in the automotive industry. It allows a business to grow without requiring the extensive financial and human resources typically needed for large-scale expansion. By establishing a franchise system, the franchisor grants franchisees the right to operate a business under their established brand and business model.

Franchisees invest their own capital into setting up their operations, meaning they bear most of the costs related to premises, equipment, inventory, and staffing. This model is particularly attractive to businesses looking to set up in Australia as it enables business growth without taking on the financial burden of opening new outlets themselves. In exchange, the franchisor benefits from fees and sales of their products that provide a significant income stream to support the continued expansion of the brand.

Advantages of the Franchise Model

  • Rapid Expansion: Franchising allows you to grow your business quickly, particularly in new regions or markets, by leveraging the capital and local expertise of franchisees.
  • Reduced Financial Risk: Franchisees carry the risk of local market fluctuations, while the franchisor gains steady income through initial fees and ongoing royalties.
  • Brand Consistency: By establishing a uniform system, franchisors can ensure a consistent customer experience across all franchise locations, which helps build brand loyalty and recognition.
  • Increased Market Reach: Franchising opens the door to new geographic markets and customer bases without the need for the franchisor to manage every detail of daily operations in each location.

Steps to Establishing a Franchise System

1. Assess Your Business Model’s Franchisability

Before deciding to franchise, you must assess whether your business model can be successfully replicated. Not every successful business is suitable for franchising, and many factors will determine whether your model can work in different locations.

Key Considerations:

  • Consistency: Can your business processes and customer service be easily standardised across multiple locations?
  • Brand Strength: Does your brand have enough appeal and recognition to attract potential franchisees and customers?
  • Profitability: Does your business generate enough profit to support both the franchisor’s operations and allow franchisees to be profitable after paying franchise fees and royalties?
  • Scalability: Are your business systems and processes scalable so that they can be easily implemented by franchisees without requiring excessive oversight?

A thorough analysis, including market research, financial forecasting, and consultation with franchise experts, will help you determine whether your business is ready to franchise.

2. Develop a Franchise Business Plan

Once you’ve determined that your business is suitable for franchising, the next step is to develop a detailed franchise business plan. This plan will guide your franchise system’s setup and growth, addressing all the critical factors that will affect your success as a franchisor.

Components of a Franchise Business Plan:

  • Franchise Structure: Will your franchisees operate as independent businesses, or will they be more closely integrated with the franchisor’s operations?
  • Fee Structure: What initial franchise fees and ongoing royalties will you charge? Will there be other fees, such as contributions to a marketing fund or training costs?
  • Franchise Territories: How will you divide the regions in which franchisees can operate? Will they have exclusive territories, or will they compete with other franchisees?
  • Franchisee Support: What kind of support will you offer franchisees? This could include training, marketing assistance, and operational guidance.
  • Marketing Strategy: How will you market your franchise system to attract new franchisees? How will you support franchisees in marketing to local customers?

3. Prepare Legal Documents

The next step involves preparing the legal documents required to establish your franchise system. These include the franchise agreement, disclosure document, and operating procedures manual.

  • Franchise Agreement: This is the core legal contract between the franchisor and franchisee. It sets out the rights and obligations of both parties, including the duration of the franchise, fees payable, support provided by the franchisor, and terms for terminating the agreement.
  • Disclosure Document: Required under the Franchising Code of Conduct, this document provides prospective franchisees with important information about the franchise, including financial details, the franchisor’s business experience, and any litigation involving the franchise.
  • Operating Procedures Manual: This manual outlines the day-to-day operational processes that franchisees must follow. It ensures that all franchisees maintain consistent standards and operate according to the franchisor’s expectations.

4. Build a Strong Brand

One of the key benefits of franchising is the ability to leverage a strong, recognisable brand. Therefore, before franchising, you should ensure that your trade marks, logos, and branding elements are well-established and legally protected.

Protecting Your Brand:

  • Trade Marks: Register your business name, logos, and any other distinctive elements as trade marks to protect them from unauthorised use.
  • Franchise Branding Guidelines: Establish clear branding guidelines that franchisees must follow. This includes everything from how the franchise’s logo is used on signage and advertising materials to the design of the franchise location’s interior and staff uniforms.

A strong, consistent brand will help your franchise system stand out in the market and attract both customers and potential franchisees.

5. Recruit and Select Suitable Franchisees

Selecting the right franchisees is critical to the success of your franchise system. Your franchisees represent your brand in local markets, so it’s essential to choose individuals who are financially capable, share your business values, and have the necessary skills and experience to operate a franchise.

Key Criteria for Selecting Franchisees:

  • Financial Resources: Do they have sufficient capital to invest in the franchise and sustain it through initial operating challenges?
  • Business Experience: While specific industry experience may not be necessary, franchisees should have general business acumen and be capable of managing the day-to-day operations of a business.
  • Cultural Fit: Are they aligned with your brand’s values and vision? Successful franchisees often share a similar mindset with the franchisor and are passionate about the business.

Conducting thorough interviews, reviewing financial documents, and assessing the candidate’s long-term goals are essential steps in selecting franchisees who will contribute positively to your franchise network.

About Long Saad Woodbridge

For over 30 years, Long Saad Woodbridge has represented and supported the legal interests of motor vehicle distributors and importers of global brands.

Our firm represents a portfolio of leading automotive manufacturers and distributors, including prominent brands across various segments such as commercial vehicles, luxury brands, American specialty trucks, and European and Chinese vehicle manufacturers.

The client base encompasses companies operating under well-known international and domestic marques, spanning manufacturers of passenger cars, SUVs, light commercial vehicles, and specialty vehicles, with a focus on both high-performance and mass-market segments.

With a client-focused and proactive approach, we don’t just solve current issues. We help you anticipate legal trends and put measures in place to avoid future pitfalls, allowing you to plan for the future and seize opportunities as they arise.

Our team is dedicated to advising on automotive law all the time. We have been in the industry long enough to know the complex expectations, written and unwritten, of regulators and legislators. We are nimble and agile in helping our clients meet those expectations and safeguard their interests.

What sets us apart from other law firms is that we are set up as a specialist in industry type (automotive law) rather than by law type (regulatory). Consequently, we are your one stop shop for advising on legal matters related to running an automotive business in Australia, New Zealand and surrounding markets.

At the head of our automotive team is Genevieve Hehir, an Executive Lawyer with deep expertise and knowledge in the legal aspects of the automotive industry. Our team is structured to provide strategic, client-cantered advice, with professionals ranging from partners, special counsel, senior associates, and solicitors. We are also supported by a robust team of paralegals and administrative staff, ensuring comprehensive service delivery.

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