If an agreement meets the definition of a franchise agreement it will be covered by the Code even if someone doesn’t call it a ‘franchise’.
In the Code, a franchise agreement is where:
- one person (the franchisor) grants another person (the franchisee) the right to carry on a business in Australia supplying goods or services under a specific system or marketing plan substantially determined, controlled or suggested by the franchisor or its associate
- the business is associated with a particular trademark, advertising or a commercial symbol owned, used, licensed or specified by the franchisor or its associate
- the franchisee is required to pay, or agree to pay an amount to the franchisor or its associate before starting or continuing the business (this excludes certain payments).
You can also take steps to identify whether it’s a genuine business and reconsider a business opportunity if you see warning signs.

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