05.04.2015 Views

DISCLOSURE DOCUMENT FOR FRANCHISEE OR PROSPECTIVE ...

DISCLOSURE DOCUMENT FOR FRANCHISEE OR PROSPECTIVE ...

DISCLOSURE DOCUMENT FOR FRANCHISEE OR PROSPECTIVE ...

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

In our absolute discretion, we will consider whether we will renew, extend, extend the scope of the Franchise<br />

Agreement or enter into a new Franchise Agreement with the Franchisee, and in so doing will take into<br />

account the following, including but not limited to:<br />

customer service standards;<br />

compliance with the Franchise Agreement and all legislative and regulatory obligations;<br />

maintenance of our Retail Image and Outlet presentation standards;<br />

financial performance including Average Weekly Sales.<br />

(b) whether the prospective franchisee will be entitled to an exit payment at the end of the franchise<br />

agreement and, if so, how the exit payment will be determined or earned; and<br />

No<br />

(c) details of the arrangements that will apply to unsold stock, marketing material, equipment and other<br />

assets purchased when the franchise agreement was entered into, including:<br />

(i)<br />

w<br />

hether the franchisor will purchase the stock, marketing material, equipment and other assets;<br />

and<br />

Not applicable as we do not require the Franchisee to purchase stock, marketing material, equipment<br />

and other assets from us.<br />

(ii)<br />

i<br />

f the franchisor is to purchase the stock, marketing material, equipment and other assets – how<br />

prices will be determined; and<br />

Not applicable.<br />

(d) whether the prospective franchisee will have the right to sell the business at the end of the franchise<br />

agreement; and<br />

No, at the end of the Franchise Agreement the ability to conduct the Lottery Franchise will cease and<br />

therefore the Lottery Franchise cannot be sold. Prior to the end of the term of the Franchise Agreement, the<br />

Franchisee may assign or novate the remainder of the term of the Franchise Agreement in accordance with<br />

clause 16 of the Franchise Agreement.<br />

(e) if the prospective franchisee will have the right to sell the business at the end of the franchise<br />

agreement – whether the franchisor will have first right of refusal, and how market value will be<br />

determined.<br />

Not applicable<br />

(f) whether the franchisor will consider any significant capital expenditure undertaken by the franchisee<br />

during the franchise agreement, in determining the arrangements to apply at the end of the franchise<br />

agreement.<br />

We will consider any significant capital expenditure that is required by us to be undertaken by the franchisee<br />

within the 2 years prior to the expiry of the term of the Franchise Agreement<br />

17C.2 If a franchise agreement is entered into in a financial year commencing on 1 July 2011, 1 July 2012 or 1<br />

July 2013 – details of whether the franchisor has, since 1 July 2010, considered any significant capital<br />

expenditure undertaken by franchisees, in determining the arrangements to apply at the end of franchise<br />

agreements between the franchisor and those franchisees.<br />

Consideration has been given to a number of franchisees who have undertaken a shopfit of their Outlet to the<br />

latest Retail Image within the 2 years prior to the expiry of the Franchise Agreement.<br />

17C.3 If a franchise agreement is entered into in a financial year commencing after 1 July 2013 – details of<br />

whether the franchisor has, in the last 3 financial years, considered any significant capital expenditure<br />

undertaken by franchisees, in determining the arrangements to apply at the end of the franchise<br />

agreements between the franchisor and those franchisees.<br />

Not applicable<br />

17D<br />

AMENDMENT OF FRANCHISE AGREEMENT ON TRANSFER <strong>OR</strong> NOVATION OF FRANCHISE<br />

17D.1 Whether the franchisor will amend (or require the amendment of) the franchise agreement on or before the<br />

transfer or novation of the franchise.<br />

As a condition of the transfer or novation of the Franchise Agreement, we may require the incoming franchisee to<br />

enter into the then-current franchise agreement which may contain terms and conditions that differ from the original<br />

Franchise Agreement. – See clause 16.3 (f) (iv) and 16.3(h) of the Franchise Agreement.<br />

18. OBLIGATION TO SIGN RELATED AGREEMENTS<br />

18.1 Summary of any requirements under the franchise agreement for the franchisee or directors, shareholders,<br />

beneficiaries, owners or partners of the franchisee to enter into any of the following agreements:<br />

(a)<br />

a lease, sublease, licence or other agreement under which the franchisee can occupy the premises<br />

of the franchised business;<br />

Golden Casket Disclosure Document 2011<br />

Page 23

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!