Franchising is fast becoming one of South Africa’s most popular types of business relationship. These structures offer numerous benefits for franchisor and franchisee. However, if incorrectly approached, franchises can create financial loss and setbacks for both parties.
The franchise agreement is the cornerstone of any franchise endeavour. It should adequately address all aspects of the franchise relationship, while maintaining the integrity and fairness of a successful alliance. In addition to this agreement, the franchisor must ensure that it has a comprehensive disclosure document, as well as a detailed operations manual.
The Consumer Protection Act has introduced substantial requirements for both franchise agreements and disclosure documents.
As a member of the Franchising Association of South Africa (FASA), KISCH IP provides professional advice on and assistance in preparing these documents, as well as ongoing advice on all matters relating to franchising.
For a prospective franchisee, we offer services including the evaluation of potential franchises and an assessment of the franchise as a whole. We assess documentation such as the franchise agreement, disclosure document, operations manual, lease agreement, etc. KISCH IP also assists with formulating a business plan and presentation and setting up a private company or trust.
KISCH IP is a full member of FASA and we subscribe to FASA’s Code of Ethics and Business Practices.