The Franchise Letter of Intent serves as a crucial preliminary step in establishing franchise relationships within the Australian market. It is typically used when parties have progressed beyond initial discussions but are not yet ready to enter into a formal franchise agreement. This document outlines the fundamental terms of the proposed franchise relationship while providing protection for both parties during negotiations. Under Australian law, particularly the Franchising Code of Conduct, this document must be carefully drafted to avoid creating unintended binding obligations while still providing sufficient detail to guide the negotiation process. The letter typically includes provisions for due diligence, confidentiality, and exclusivity periods, helping to structure the path toward a formal franchise agreement. It's particularly important in the Australian context where franchise relationships are heavily regulated and require specific compliance measures.
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1. Date and Parties: Opening of letter identifying the date and full legal names and addresses of both the proposed franchisor and franchisee
2. Expression of Interest: Clear statement of interest in entering into franchise negotiations and the specific franchise business concept
3. Key Business Terms: Outline of fundamental business terms including proposed territory, franchise fees, and royalty structure
4. Due Diligence Period: Specified timeframe for conducting due diligence and what this process will entail
5. Confidentiality: Binding provisions regarding the confidentiality of information exchanged during negotiations
6. Exclusivity Period: Timeline during which the franchisor will not negotiate with other parties for the same territory
7. Next Steps: Clear outline of the process moving forward, including timeline for formal agreement
8. Non-Binding Nature: Clear statement that the LOI is non-binding except for specified clauses (typically confidentiality and exclusivity)
9. Signature Block: Space for both parties to sign and date the letter
1. Deposit Terms: Include when an initial deposit is required as part of the negotiation process
2. Break Fee: Include when parties agree to a fee payable if one party terminates negotiations without reasonable cause
3. Conditions Precedent: Include when there are specific conditions that must be met before proceeding to a formal agreement
4. Cost Allocation: Include when parties wish to specify how costs of negotiation and due diligence will be allocated
5. Governing Law: Include when dealing with interstate parties or when specific jurisdiction needs to be established
6. Dispute Resolution: Include when parties want to establish a framework for resolving disputes during the negotiation period
1. Proposed Territory Map: Visual representation of the proposed franchise territory
2. Initial Financial Terms: Detailed breakdown of proposed financial terms including fees, royalties, and initial investment
3. Timeline: Detailed schedule of key dates and milestones for the negotiation process
4. Due Diligence Checklist: List of documents and information to be exchanged during the due diligence process
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Relevant Industries
Retail
Food and Beverage
Hospitality
Professional Services
Health and Fitness
Education and Training
Automotive
Home Services
Beauty and Personal Care
Technology Services
Real Estate
Relevant Teams
Legal
Business Development
Operations
Commercial
Executive Leadership
Finance
Franchise Operations
Risk Management
Relevant Roles
Franchise Development Manager
Business Development Director
Legal Counsel
Commercial Director
Chief Executive Officer
Operations Manager
Franchise Relations Manager
Business Owner
Commercial Lawyer
Franchise Consultant
Chief Financial Officer
Business Broker
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