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Roles in franchising

A franchisor largely controls how the franchisee’s business is run and controls the name, brand, and business system the franchisee is going to use.

A franchisee bears the financial risk for their franchised business and pays money to the franchisor. In exchange for this money, the franchisor allows the franchisee to use the franchisor’s brand or system to sell products or services for a limited time. The franchisee must run the business according to the franchisor’s requirements.

Besides the franchisor and franchisee, others that may be involved in franchising include:

  • Master franchisors give permission to another person or company to participate in or grant franchises under their business system. This means, for example, they may allow a franchisor to grant and manage franchises in a particular state or territory.
  • Associates of the franchisor have a relationship with the franchisor that is related to the franchise system. For example, someone who is a supplier to a franchisee, allows a franchisee to lease or occupy premises, or is involved in marketing activities for the franchise system. An associate can be a director, a company related to the franchisor, a director of a company related to the franchisor, or a partner of the franchisor. If the franchisor is a company, an associate can also be someone who owns, controls or has a certain amount of voting power in the company.

Franchising laws

Different laws apply in franchising. These laws do not reduce the commercial or business risks of setting up a franchise system or buying a franchise.

The Franchising Code of Conduct applies to franchising in Australia to help address some of the problems caused by the power imbalance in the franchise relationship.

The franchise agreement

A franchise agreement is a contract between a franchisor and a franchisee that explains what they can and can’t do when running the franchise.

A new vehicle dealership agreement is also a franchise agreement.

Read more about franchise agreements, including the kinds of things that can be in a franchise agreement, and how to recognise a franchise agreement.

When a business is and isn't considered a ‘franchise’

Even if an agreement isn’t called a ‘franchise agreement’, it is considered a franchise agreement and the franchising code applies if the agreement has certain features.

There are also some agreements that can look like a franchise agreement, but the code still won't apply.

Some franchise opportunities may not be genuine. For example, pyramid selling schemes can sometimes be dressed up to look like a franchise system. You can take steps to identify whether it’s a genuine business.

Franchisors must create a franchise profile and publish information about their business on the Franchise Disclosure Register. This free online register provides some key franchising information to help potential franchisees make better business decisions.

Guidance and information about franchising

The ACCC publishes information for each stage of franchising:

We also provide guidance about:

We provide links to:

See also

Franchising laws including the code

If you operate a franchise system or a franchised business, you need to understand the laws that apply. Some laws apply to all businesses, while the franchising code only applies to franchising participants.

Acting in good faith under the franchising code

Under the Franchising Code of Conduct, parties must act in good faith in their business dealings with each other. This includes those who enter, or propose to enter, into a franchise agreement.

Franchise Disclosure Register

The Franchise Disclosure Register is a free online register that gives people access to some key franchising information to help them make better business decisions.

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