Franchise Basics

Franchise Glossary.

Plain-English definitions of the franchise terms you'll encounter in any disclosure document, agreement or conversation. Australian usage where it differs from US.

ACCC
The Australian Competition and Consumer Commission. The federal regulator that enforces the Franchising Code of Conduct.
Area Developer
A franchisee who commits to opening multiple venues across a defined territory over an agreed schedule. Sits between a single-unit franchisee and a master franchisee.
Code of Conduct
The Franchising Code of Conduct. Mandatory industry code under the Competition and Consumer Act. Updated 2024.
Cooling-off period
14 days after signing a franchise agreement during which the franchisee can terminate and recover most payments. Set by the Code.
Disclosure Document
The prescribed document a franchisor must give a prospective franchisee at least 14 days before signing. Contents are set by the Code.
FCA
The Franchise Council of Australia. The industry's peak body for franchisors, suppliers and advisors.
Franchise Agreement
The contract that governs the franchise relationship. Distinct from the Disclosure Document.
Franchisee
The party that operates a venue under the franchisor's brand and system. Buys the right to do so.
Franchisor
The party that owns the brand, the system, and grants franchise rights to franchisees.
Good faith
Statutory obligation owed by both parties under the Code, in negotiation, performance and dispute. Real, enforceable, not platitudinous.
Information Statement
The Code-mandated plain-English summary of franchise risks, provided before negotiation begins.
Initial Fee
One-off payment from franchisee to franchisor at the start of the agreement. Covers training, onboarding, brand access.
Marketing Fund
A pool of contributions (usually 2–4% of franchisee gross) used for network-wide marketing. Held on trust; separately accounted; audited annually.
Master Franchise
An agreement granting a party the right to act as franchisor across a defined territory — typically used for cross-border expansion.
Operations Manual
The franchisor's documented operating system. The substrate that turns a brand from "founder-only" into "transferable."
Renewal
Extension of a franchise agreement past its initial term. Governed by the Code; not automatic.
Restraint of Trade
Clauses preventing the franchisee from competing after termination. Must be reasonable in scope and duration to be enforceable.
Royalty
Ongoing payment from franchisee to franchisor. Usually a percentage of gross revenue. Typically 5–8%.
Sub-franchisee
A franchisee operating under a master franchisee rather than directly under the original franchisor.
System
The franchisor's operating method — brand standards, training, processes, technology — that defines how the franchisee runs the business.
Territory
The geographic area in which a franchisee operates. May be exclusive, non-exclusive, or open.
Transfer
Sale of a franchise from one franchisee to another. Usually subject to franchisor consent and a transfer fee.
Unit Economics
The financial performance of a single franchise venue — revenue, costs, margin. The foundation for any franchise decision.
Vicarious Liability
When the franchisor is held legally responsible for the conduct of franchisees. Limited in Australia but not absent.