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REPRESENTATIVE EXPERIENCE

Anna Trist

Assisting franchisors with the roll out of their existing and new systems, including roll outs to change business culture and the management of high-volume conversions of existing franchisees to a new platform. This has included managaing a number of roll outs (from the drafting of new documentation to the conversion and sign up of systems with over 220 franchisees). Also advised franchisee groups regarding roll outs and negotiated amendments to the franchise documentation on their behalf.

Providing advice to businesses which do not wish to be subject to the Franchising Code of Conduct. This involves compliance advice, and can involve amending existing documentation and processes to ensure that an arrangement is not a franchise.

Providing general commercial advice and documentation which often involves negotiating and drafting product supply agreements, distribution agreements, training agreements, wholesaler agreements, terms and conditions, confidentiality deeds, and other ancillary documents needed by her clients from time to time.

Advising on the conversion of existing businesses to franchises and establishing new franchises (including structuring and asset protection of franchise systems). This generally involves meeting with businesses that wish to turn their business or concept into a franchise and assisting them with all appropriate documentation and advice to do this, including training relevant staff and setting up relevant internal processes and procedures.

Advising on the resolution of franchising disputes through negotiation and mediation, including the drafting of breach, termination and dispute notices. This has assisted franchisors, master franchisee and franchisees in disputes, including representing them at mediations throughout Australia. This has included acting for franchisors in large disputes involving more than 10% of the network and in dealings with the ACCC.

Drafting and reviewing franchising documentation and ancillary commercial documentation. This occurs primarily in the context of updating franchise documentation for existing systems, updating franchise documentation used overseas for use in Australia and advising master franchisees and franchisee on franchise documentation they are being asked to sign.

Acted in the conversion of Godfreys franchises and Mail Plus franchises to a new agreement. Anna acted for the Telco in a Box franchisee council (including advising several Telco in a Box franchises individually) when the franchisor sought to move the network to a new agreement.

Advising on compliance with the Competition and Consumer Act 2010 with a particular focus on compliance with the Franchising Code of Conduct, restrictive trade practices and general trade practices advice.

Advising the Mitre 10 Group on its acquisition of independent hardware chains and in relation to.the updating of its Australian franchise documents.

Assisting clients that are seeking to take their brand overseas, through a number of ways including by master franchising, granting area development rights, distribution and licencing networks. This usually involves assisting clients with a number of commercial documents and liaising with local counsel. This is a core and large part of Anna's practice, she often acts for American clients going into other jurisdictions and has specific experience in the following countries: India (including master franchises, joint ventures, terminations), Indonesia, China, Croatia, Japan, South Korea, Thailand, Papua New Guinea, New Zealand, America, United Arab Emirate, Guatemala, Paraguay, Dominican Republic, Honduras, Peru, Colombia, Ecuador, El Salvador and Nicaragua.

Advising and drafting documentation regarding alternative arrangements to franchising such as licensing, agency, supply and distributions arrangements.

Acting for the franchisor Crunch Fitness when it bought its business to Australia and established the Back to Sleep and Football Star Academy franchises.
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