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The Franchise Broker Agreement is essential for franchisors looking to expand their franchise network through professional intermediaries in Australia. This document is typically used when a franchisor wants to engage specialized professionals to assist in identifying and screening potential franchisees, ensuring compliance with the Franchising Code of Conduct and relevant Australian legislation. The agreement covers crucial aspects such as commission structures, territorial rights, broker obligations, and compliance requirements. It's particularly important in larger franchise systems where systematic franchisee recruitment is needed, and helps protect both parties by clearly defining roles, responsibilities, and compensation structures. The document must align with Australian federal and state laws, including the Competition and Consumer Act 2010 and state-specific business broking regulations.

1. Parties: Identification of the Broker and the Franchisor, including full legal names, ABN/ACN, and registered addresses

2. Background: Context of the agreement, including the Franchisor's business, the Broker's expertise, and the purpose of the arrangement

3. Definitions: Key terms used throughout the agreement, including 'Franchise', 'Territory', 'Franchise Fee', 'Introduction Fee', etc.

4. Appointment and Scope: Terms of the Broker's appointment, exclusivity/non-exclusivity, and territorial limitations

5. Broker's Obligations: Core responsibilities including lead generation, prospect screening, and compliance with Franchising Code of Conduct

6. Franchisor's Obligations: Support, materials, and information to be provided to the Broker

7. Fees and Commission Structure: Payment terms, commission rates, timing of payments, and calculation methods

8. Intellectual Property: Usage rights and restrictions regarding the Franchisor's trademarks and materials

9. Confidentiality: Protection of confidential information and trade secrets

10. Term and Termination: Duration of agreement, renewal options, and termination circumstances

11. Post-Termination Obligations: Duties and restrictions after agreement ends

12. Dispute Resolution: Process for handling disagreements and conflicts

13. General Provisions: Standard clauses including notices, assignment, governing law, etc.