15.1 For any marketing fund or other cooperative fund controlled or managed by the Franchisor or to which the franchisee must contribute, the following information is provided: (a) the disclosure document of the agreement is established or updated on the date or after the start of the agreement; and (1) When a franchise agreement requires a franchisee to pay money to a marketing fund or other co-operative fund, the franchisor: the Australian Competition and Consumer Commission (ACCC) is responsible for enforcing the code. Copies of the franchisee`s code and manual are available from the ACCC. Most companies adapt to changes in the market. The franchisor can make changes to the franchise system at any time, but it is not obligated to discuss them with all franchisees. Take your time, read all the documents carefully, talk to other franchisees and evaluate your own financial resources and skills to meet the requirements of the franchisee. 2. When a franchisor operates one or more units of a franchise business, the franchisor must pay a marketing and advertising fee for each unit on the same basis as the other franchisees. 1. A franchisor must provide a future franchisee with a copy of the Schedule 2 information statement. (c) the franchisee did not violate intellectual property or a confidentiality agreement with the franchisor during the duration of the agreement; this party does not infringe a party`s right to a franchise agreement to take legal action, either under the franchise agreement or otherwise. The franchising code stipulates that both franchisor and franchisee must act in good faith towards the other.
9…………franchisor to give documents to a franchisee or a potential franchisee. 15 (3) A copy of the disclosure statement must be provided to a potential franchisee as soon as possible after the potential franchisee formally requests or manifests a right to acquire a franchised business. unless the franchisor has received a written statement from the franchisee or potential franchisee that the franchisee or potential franchisee has received, read the disclosure document and code and had a good opportunity to understand it. The above process is just a summary of the changes that have occurred since the introduction of the new code. It is important that all franchisors, franchisees or potential franchisees are advised on all documents relating to a franchise agreement to ensure that all obligations are now met. JHK Legal has experience in supporting all parties to a franchise agreement, including those who wish to update their franchise agreements to comply with the new legislation.