Many people are confused about how cascading clauses work. A cascading clause is often used for restraints of trade.  They look something like this: Restraint period: (a) 3 years (b) 2 years (c) 12 months And, Restraint area: (1) Australia (2) Queensland (3) Brisbane. They work like this: many courts do not have the power to rewrite clauses but they do have the power to strike clauses out courts will only enforce a restraint of tra...

I have just reviewed a franchise agreement where the franchisor has only had 2 years of experience in the franchised business. When acting for franchisors I advise them that they need to have had enough experience in the business to give their franchisees real value for their investment. Franchisors should have created systems to make running the business as bombproof and streamlined as possible. I usually tell franchisors they need to have made "all of the mistakes" ...

I jointly presented at the Franchise and Business Expo with Sarah Stowe, Editor of Inside Franchise Business today. We explained the following to prospective franchisees: 1. What they should be doing in the 14 day disclosure period.  This covered: call current franchisees and past franchisees and ask them about the business find a franchising lawyer find an accountant who understands franchises 2.what does it mean if a franchisor guarantees you a cert...