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2016-08-02 16:45:20
‘Potential’ and ‘anticipated’ are among the most high-risk words that should be avoided by franchisors in their representations on future matters to prospective franchisees. In his recent webinar on limiting liability for franchisors in their representations on future matters, Bill Morgan of Turner Freeman Lawyers highlighted the importance of knowing what can and cannot be said in negotiations leading up to the signing of a franchise agreement. He said ‘potential’ and ‘anticipated’ were two key words to avoid during this time when making representations about future financial performance as well as other ... read more
2016-04-27 02:15:27
Document, date and sign-off on everything! That was one of the key messages for franchisors from the recent Franchise Dispute Danger Zones Webinar Series conducted by Bill Morgan of Turner Freeman Lawyers. The two-part series, jointly presented by Turner Freeman Lawyers and the Asia-Pacific Centre for Franchising Excellence, examined the defensive strategies that franchisors can implement to manage and reduce the impact of franchisee legal disputes on their business. According to Mr Morgan, the starting point for franchisors is to always assume there will be some conflict within their system, and therefore take steps ... read more
2016-02-15 08:07:16
Franchisors have been warned to view their Disclaimers as much more than just a standardised footnote that receives little attention from one Franchise Agreement to another. In an article written for the Asia-Pacific Centre for Franchising Excellence, Bill Morgan of Turner Freeman Lawyers reviews a number of recent Court cases relating to the role of Disclaimers in limiting or excluding Franchisor liability in representations to franchisees. The indepth article carries a warning for Franchisors and also provides some valuable recommendations to assist them in maximising the effective use of Disclaimers. According to Mr ... read more
2015-07-29 13:17:40
The high profile class action case by a group of Australian Pizza Hut franchisees against their franchisor hits the Federal Court this week and is gaining headlines across the country. The ABC’s flagship current affairs program, The 7.30 Report, reported on the case last week and called on Professor Lorelle Frazer Director of Griffith University’s Asia-Pacific Centre for Franchising Excellence for her expert insights on due diligence for franchisees. The Pizza Hut case sees a number of franchisees pursuing a class action against their parent company, US fast food giant Yum! Brands, ... read more
2014-10-13 14:53:08
In any business where people interact with one-another there is bound to be miscommunication, pain points – and, quite often, conflict. What is vitally important, though, is to resolve differences before they become a threat to your business. Importantly, the level of conflict within a franchising relationship has long been recognised as a strong determinant of how well – or poorly – a business will operate. There is a myriad of reasons why conflict can arise in a business – and yet cases can often be unique to a particular workplace or business structure. Major causes of conflict ... read more
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