Alex is Sprintlaw’s co-founder and principal lawyer. Alex previously worked at a top-tier firm as a lawyer specialising in technology and media contracts, and founded a digital agency which he sold in 2015.
- What Is A Grill’d Franchise And How Does It Work?
- Is A Grill’d Franchise Right For Your Situation?
- What Contracts And Documents Should A Grill’d Franchisee Have In Place?
- Costs, Fees And Financial Reality: What Should You Plan For?
- Key Risks To Watch (And Practical Ways To Reduce Them)
- Can You Negotiate A Grill’d Franchise Agreement?
- What About Buying An Existing Grill’d Store From A Franchisee?
- Governance If You Have Co‑Owners Or Investors
- Launch Checklist: Your Last Mile Before Opening
- Key Takeaways
Buying into a recognised brand like Grill’d can be an exciting way to step into hospitality with a proven menu, established systems and national marketing behind you.
At the same time, a franchise is still your business. You’ll be investing significant capital, taking on a retail lease, hiring staff and committing to a long-term agreement with strict rules.
If you’re weighing up a Grill’d franchise opportunity, this guide walks you through the legal and practical steps in Australia - from due diligence and franchise documents to leases, staffing and compliance - so you can move forward with clarity and confidence.
What Is A Grill’d Franchise And How Does It Work?
In simple terms, franchising is a licence to operate a business using another company’s brand and systems. With a Grill’d franchise, you get access to the brand’s trade marks, fit-out standards, suppliers, recipes, training and ongoing support, in exchange for fees and a commitment to follow the system.
Most franchise arrangements include an initial term (often with options to renew), an upfront fee, ongoing royalties/marketing contributions, strict operating manuals and limits on what you can change. You’ll usually also be responsible for the store fit-out and a retail lease for the premises.
In Australia, franchising is regulated by the Franchising Code of Conduct under the Competition and Consumer Act. The Code sets out disclosure requirements, cooling-off rights in specific circumstances, dispute resolution processes and good faith obligations. You’ll receive a disclosure document, a key facts sheet and the draft franchise agreement before you sign - take time to read them properly and get advice.
Is A Grill’d Franchise Right For Your Situation?
The brand strength is attractive, but the model suits some owners more than others. Ask yourself:
- Do you want a structured playbook or prefer to create your own concept?
- Are you comfortable with ongoing fees and compliance obligations for the life of the agreement?
- Do the territory and site offered give you a realistic path to profitability after rent, wages and royalties?
- Are you ready for hands‑on retail and hospitality hours (nights/weekends)?
There’s no single right answer. However, your decision should follow detailed due diligence and an independent financial and legal review - not just your gut feel.
Step-By-Step: How To Assess And Secure A Grill’d Franchise
1) Gather The Information Pack And Timetable
When you’re a serious prospect, you should receive the disclosure document, key facts sheet, draft franchise agreement, copies of manuals (or at least summaries), and details about the proposed site. Note the dates - the Code requires minimum disclosure periods before you can sign.
2) Run Proper Legal Due Diligence
Go beyond the glossy brochure. Request performance ranges for comparable stores (where available), understand fee structures, check any litigation disclosures, and ask how supply pricing is set. It’s worth engaging a lawyer for a targeted legal due diligence review so you don’t miss key risks hidden in long documents.
3) Review (And Negotiate) The Franchise Agreement
The franchise agreement is the core contract that governs your entire relationship - fees, term, territory, training, marketing, refurb obligations, default/termination and restraints.
A tailored Franchise Agreement Review will highlight what’s market standard, where you have room to negotiate, and which clauses could cause headaches later (for example, personal guarantees, assignment conditions, and liquidated damages on termination).
If you’re proceeding, ensure the final Franchise Agreement reflects any agreed changes before signing.
4) Secure The Right Site And Lease
Location can make or break a quick-service restaurant. You’ll typically be required to sign a retail lease aligned to the franchise term. Consider rent, incentives, demolition clauses, relocation rights, outgoings and rent review mechanisms.
A focused Retail Lease Review will help you avoid unfair obligations and align lease terms with the franchise term, options and exit strategy.
5) Choose A Business Structure And Register
Most franchisees operate via a company to separate personal assets and streamline ownership with partners or investors. You’ll need an ABN and, if you set up a company, an ACN. Work with your accountant on tax registrations (e.g. GST) and budgeting. If you’re setting up with co-owners, put governance in writing from day one (more on that below).
6) Build Your Team And Set Your Operations
Hospitality staffing requires careful planning for rosters, penalty rates and training. Put clear contracts and policies in place before opening to manage expectations and protect your business.
7) Final Checks, Insurance And Opening
Confirm council approvals, fit-out compliance, food safety certifications, and equipment commissioning. Arrange appropriate insurance (public liability, product liability, workers’ compensation and business interruption) and complete your handover training before launch.
What Legal Requirements Will You Need To Meet In Australia?
Franchising Code Of Conduct
The Code imposes strict disclosure and good faith obligations on both franchisors and franchisees. You’re entitled to a cooling‑off period in certain circumstances and to dispute resolution processes if issues arise. Breaches can be costly - keep copies of all disclosures and advice received.
Retail Leasing And Planning Approvals
Retail leases are regulated at state/territory level and often require a separate disclosure statement. Before signing, ensure the permitted use, trading hours and signage rules match a Grill’d format, and that any required council approvals (use, signage, outdoor seating) are achievable for the site.
Food Safety And Health Regulations
You’ll need to comply with state food safety laws, obtain the necessary food business registration with your local council, and implement training for food handlers. Expect inspections and ongoing record-keeping obligations.
Employment Law And Workplace Safety
If you’re employing staff, you must comply with the Fair Work Act, applicable awards, minimum wage and penalty rates, and workplace health and safety laws. Clear, compliant agreements help set expectations and reduce disputes - consider a written Employment Contract for each role.
Consumer Law Obligations
As a customer-facing business, you must comply with the Australian Consumer Law (ACL), including product safety, accurate representations and refund rights. If you run promotions or loyalty offers, make sure the terms are clear and fair. For help setting up compliant processes, talk to a consumer law specialist.
Privacy And Data
If you capture customer details for bookings, Wi‑Fi, marketing or loyalty, you should implement a clear Privacy Policy and ensure your data handling aligns with the Privacy Act and Spam Act. Train your team on how customer data is collected and used in-store and online.
Intellectual Property
The franchisor will license the Grill’d brand to you. You must use it strictly as required and avoid mixing in your own branding or unapproved materials. If you have a company name or store entity name, ensure it doesn’t infringe any registered trade marks and is used only as permitted by the system.
What Contracts And Documents Should A Grill’d Franchisee Have In Place?
Beyond the franchise agreement itself, you’ll reduce risk and run more smoothly with the right contracts and policies tailored to your store:
- Franchise Agreement: Your core agreement with the franchisor, setting fees, standards, territory, term, training, default and renewal/exit conditions.
- Retail Lease: The lease for your premises; ensure it aligns with your franchise term, options and fit-out obligations.
- Employment Contracts: Written terms for managers and crew covering duties, hours, pay, confidentiality and IP; start with an Employment Contract that matches the role and award.
- Workplace Policies: Policies for safety, food handling, bullying and harassment, social media and incident reporting to support compliance and training.
- Supplier Agreements: Where you’re permitted to use local suppliers for certain items, ensure written terms for quality, delivery, liability and pricing.
- Privacy Policy: If you collect personal information in-store or online, publish and follow a clear Privacy Policy.
- Co‑Owner Documents (If Applicable): If you have partners or investors, put decision-making and exit terms in writing (for example, a shareholders agreement) so store-level disputes don’t derail operations.
You won’t necessarily need every document listed above, but most franchisees will need several. The key is tailoring them to your store, your team and your obligations under the franchise system.
Costs, Fees And Financial Reality: What Should You Plan For?
Exact figures depend on the site, state and fit‑out, but most franchisees should budget for:
- Initial franchise fee and training costs
- Fit‑out and equipment (plus contingencies)
- Bank guarantees or security deposits (lease and supply)
- Ongoing royalties and marketing fund contributions
- Rent and outgoings (including annual increases)
- Insurance, utilities and maintenance
- Wages, super and payroll on-costs
- Professional fees (legal, accounting) and permits
It’s normal to see tighter cash flow in early months while you build local awareness. Model conservative scenarios and stress-test your numbers before committing. If the agreement includes refurbishment obligations mid-term, plan for those costs from day one.
Key Risks To Watch (And Practical Ways To Reduce Them)
- Lease-Franchise Mismatch: If your lease outlasts your franchise or vice versa, your exit can get complicated. Align terms and options where possible, and secure step-in rights or assignment pathways.
- Over-Optimistic Sales Forecasts: Push for realistic ranges based on comparable sites and seasonality. Model best, base and worst‑case scenarios.
- Hidden Costs: Clarify who pays for point-of-sale changes, menu updates, mandated refurbishments and technology upgrades.
- Personal Guarantees: Understand the exposure under both the franchise agreement and the lease; negotiate limits where you can and consider asset protection strategies with your advisors.
- People Risk: Put clear contracts and rosters in place, and train managers on award compliance and safety. This reduces wage and WHS non-compliance risk.
- System Changes: Franchisors may update menus or suppliers over time. Ensure the contract sets fair notice and cost-sharing principles for significant changes.
Can You Negotiate A Grill’d Franchise Agreement?
Some franchisors hold firm on “system” clauses, but you can often negotiate store-specific items, timelines, default consequences, cure periods, assignment conditions, refurbishment windows and restraints. It depends on the maturity of the system and the quality of the site you’re bringing to the table.
An experienced Franchise Lawyer can identify which levers are realistic and help you prioritise the changes that matter most for your circumstances.
What About Buying An Existing Grill’d Store From A Franchisee?
Purchasing an established store can reduce ramp-up time if the numbers stack up. In that case, you’ll typically sign a business sale contract with the current franchisee and enter a new or transferred franchise agreement with the franchisor.
In addition to franchise document review, you’ll want to verify financials, check lease assignability, confirm equipment ownership/encumbrances, and understand any refurbishment obligations on transfer. A structured legal due diligence process helps surface issues before they become your problem post-settlement.
Governance If You Have Co‑Owners Or Investors
Many franchise stores are owned through a company with two or more co‑owners. Before money changes hands, document how decisions are made, how profits are distributed and what happens if someone wants out. Align these documents with your franchise obligations so there’s no conflict between what your company owners want and what the brand requires.
Launch Checklist: Your Last Mile Before Opening
- Executed franchise agreement and ancillary documents
- Retail lease signed and disclosure requirements met
- Company structure, ABN/ACN and tax registrations completed
- Council and food business registrations approved
- Fit‑out certified and handover complete
- Insurance in place and certificates of currency provided
- Employment contracts issued and training completed
- Privacy, safety and incident policies ready and communicated
- POS and marketing systems set up and tested
- Opening stock on hand and supplier accounts active
Key Takeaways
- A Grill’d franchise offers brand strength and systems, but it’s still your business - run proper due diligence before committing.
- The disclosure pack, retail lease and franchise agreement contain critical obligations; get an independent Franchise Agreement Review and lease review.
- Comply with Australian requirements across franchising, leasing, food safety, employment, consumer law and privacy from day one.
- Protect your store with the right contracts and policies, including Employment Contracts and a clear Privacy Policy.
- Align lease and franchise terms, understand fees and refurbishment obligations, and manage risk through governance if you have co‑owners.
- Early advice from an experienced Franchise Lawyer can save significant time, cost and stress throughout the process.
If you would like a consultation on buying a Grill’d franchise, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.








