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Donaldson Walsh franchising lawyers provide business advice on the purpose of a territory

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Franchising lawyers at Donaldson Walsh Lawyers report that many franchisors and franchisees may think their franchise system has no territories, but often this is wrong.

Territory restrictions may be used for a range of different purposes, both in relation to:

  • the franchisor
  • franchisees
  • protection of uniformity
  • protection between franchisees; and
  • to establish certainty.
The franchising lawyers note that this ultimately leads to a delicate blend of commercial purposes. If used correctly, these purposes can fully support the selective use of territory restrictions.

If, however, that balance is not adjust correctly the use of the concept of territories within a franchise system can lead to problems such as inequity, inefficiency, reduced profitability and the failure of a franchise system.

The use and scope of territory boundaries will vary depending on whether the franchise system is for:

  • manufacturing
  • wholesale
  • business to business
  • retail or services; and
  • the offering made to the customers.
Donaldson Walsh franchising lawyers suggest that strong consideration be made as to the nature of franchise territory restrictions within a franchise agreement, and are available to provide business advice in this regard.

29.09.2010
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Contact Donaldson Walsh Lawyers

320 King William Street

Adelaide

SA  5000

Tel: (08) 8410 2555

Fax: (08) 8410 2322

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