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Mini golf is a classic hangout activity – just like going to the movies or grabbing a bite to eat.
If you’ve been thinking about launching the next go-to spot for mini golf, you could be onto a valuable business idea. But before you start designing your course, it’s important to get your legal foundations right.
Starting a mini golf business can be an exciting venture, but you’ll need to make sure it’s set up properly and protected from the outset. We can help with that.
How Do I Build A Mini Golf Course Business?
Building a mini golf business isn’t just about designing the course (we’ll leave that part to you). To get your business up and running, you’ll need to tick off a few essential legal and operational steps first – including the right licences, permits, and contracts.
So don’t stop at planning the fun stuff – your legal responsibilities are just as important when it comes to setting up your dream venue.
From drafting terms and conditions and lease agreements, to securing food and drink licences and ensuring your team’s rights are protected under employment law, there’s a lot to consider. But don’t stress – with the right research, a clear business plan, and advice from legal experts, you’ll be set up for success.
To help you get started, here are some key areas to think about:
- Target audience
- Laws and regulations
- Suppliers and vendors
- Competitor research
- Business goals and vision
- Business structure
- Business operations and day-to-day management
It may seem tedious and boring to create a business plan, especially if you already have a solid grasp on what you want to do. However, when building a mini golf business, paying attention and documenting all the details can go a long way in helping you stay on top of it all.
Will My Mini Golf Business Be Profitable?
It’s difficult to predict whether your mini golf business will be profitable right away. However, putting strong plans in place from the start will help you understand your business’ strengths, weaknesses, and how to navigate them.
Risk management is also key. From having strong contracts that protect you from common business risks (more on that below), to leveraging legal and liability protections — being proactive can put you in a better position to weather the challenges of starting a business.
The decisions you make early on can have a significant impact on your long-term success. One of the most important legal decisions is choosing the right business structure. Typically, business owners who are serious about the venture and want to expand it in the future opt to register their business as a company – it’s up to you to decide what will be right for your mini golf business.
Do I Need To Register My Mini Golf Business As A Company?
Not necessarily. You’re not legally required to register your business as a company – but it’s worth understanding your options.
Other common structures include:
- Sole Trader: Quick, affordable, and easy to set up. You’ll need to apply for an ABN and register a business name (unless you’re using your own name and qualify for an exemption).
- Partnership: Similar to a sole trader, but shared between two or more people.
While these structures are simpler and more cost-effective to register, they don’t offer the same level of legal protection as a company.
Registering as a company can provide greater legal and financial protection by separating your personal liability from the business. A company is its own legal entity – meaning it can own or sell property, earn income, and take on debt. So, if your mini golf company ever faces financial or legal trouble, your personal assets are generally protected. You’ll only be liable for what you’ve invested into the company.
This level of protection is often better suited for serious, long-term ventures. Plus, if you plan to attract investors, a company structure is the way to go – sole trader and partnership structures don’t allow for shareholders.
However, registering a company does come with more regulatory obligations. You’ll need to meet ongoing compliance requirements, such as annual fees, notifying ASIC of any changes, and operating in line with the Corporations Act. Setting up a company also involves having the right forms, legal documents and details in place — so it’s a good idea to speak with a legal expert to make the process easier and ensure everything is done properly.
What Legal Documents Will I Need To Start A Mini Golf Business?
Legal agreements are another important part of starting a mini golf business. Managing the risks that come with launching a new venture is essential to keeping your business protected and giving it the best chance of success.
That’s where strong, well-drafted legal agreements – tailored to your business – come in. A few key agreements you may want to consider include:
- Customer Contract: Outlines the terms of service between your business and your customers, helping to manage expectations and limit disputes.
- Business Terms & Conditions: Sets out the general rules for how your business operates, including payment terms, liabilities, and cancellation policies.
- Privacy Policy: Explains how your business collects, stores and uses personal information, which is essential for complying with privacy laws.
- Website Terms & Conditions: Covers the rules for how users can interact with your website, protecting your online presence and content.
- Workplace Policy: Helps create a safe, compliant and respectful working environment for your team.
- Employment Agreement: Sets out the rights and responsibilities of both you and your employees, helping to prevent misunderstandings and legal issues.
- Non-Disclosure Agreement (NDA): Protects your confidential business information when working with staff, suppliers, or partners.
- Shareholders Agreement: If you’re going into business with others, this agreement outlines how key decisions will be made and what happens if someone wants to leave.
There’s a chance you won’t need every agreement listed above, but you’ll likely need at least a few of them. It can be overwhelming to know exactly which ones are relevant – so chatting to a legal expert about the risks your mini golf business might face, and how to manage them with the right legal documents, is always a smart move.
Are There Any Laws I’ll Need To Follow When Starting A Mini Golf Business?
Absolutely, there are a number of laws and regulations you’ll need to be aware of when starting your mini golf business. As a business owner, legal compliance should inform every part of how you operate – from everyday matters like your trading hours to bigger decisions, such as whether to expand or open a franchise in another location. The law plays a role in nearly every aspect of your business, so it’s important to stay informed from day one.
Permits And Licenses
This area is generally regulated by local or state laws. Having the right permits and licences is a crucial part of running your mini golf business. You’ll need to consider requirements such as:
- Zoning approvals
- Business permits
- Parking permits
- Food and alcohol licences
Beyond permits, local council rules can also cover things like noise restrictions, operating hours, waste management, and more. Make sure you’re across these obligations to ensure your mini golf business can operate legally and without disruption.
Franchise Law
Let’s say your mini golf business is doing really well, and you’re ready to expand into new locations. This can be an exciting step for many business owners. However, if you choose to grow through franchising, it’s important to follow the strict rules set out in the Franchising Code of Conduct. As a franchisor, you have a responsibility to ensure your franchisees are treated fairly and not taken advantage of.
Australian Consumer Law
In Australia, all businesses must comply with the Australian Consumer Law (ACL). The ACL applies to many aspects of your mini golf business – from the level of service customers can expect, to their rights around cancellations, refunds, and how you advertise your business. Understanding your obligations under the ACL is essential to avoid penalties and build trust with your customers.
Employment Law
Running a mini golf course all on your own can be a bit tricky, which is why you’ll likely be hiring staff at some point. Having a team to help run your business is an exciting step, but it’s important to take the lead in ensuring your employees are properly protected.
From following workplace health and safety procedures to meeting your obligations under Australian employment laws – including providing correct pay, entitlements, and a well-drafted employment contract – there’s a lot to consider. As an employer, it’s your responsibility to stay compliant with Fair Work regulations and create a safe, fair, and legally sound work environment.
Intellectual Property Law
Protecting your intellectual property (IP) can save you time, money, and stress – but it’s something you should take care of right from the start.
If you’ve designed a logo, come up with a catchphrase, or have a business name that’s unique to your mini golf business, it’s important to secure legal ownership before someone else tries to use it. Even if you’ve been using it first, your legal options can be limited if someone else registers a similar trade mark before you do – and there’s no guarantee the outcome will be in your favour.
To avoid costly disputes down the track, it’s a smart move to speak with a legal expert and register your trade marks early on.
Data & Privacy
Collecting customer data is a normal part of running a business – especially if you’re taking online bookings, sending marketing emails, or running a website. But it’s important to understand that with this data comes responsibility.
From the moment you start collecting personal information, you have legal obligations under privacy laws, including how you store, use, and protect that information. If you don’t have a proper Privacy Policy in place or fail to comply with the Privacy Act, you could face serious consequences, including fines and reputational damage.
To make sure you’re meeting your obligations and building trust with your customers, it’s best to get legal guidance early and have a compliant Privacy Policy tailored to your mini golf business.
Key Takeaways
If you’re thinking of starting a mini golf business, it’s important to consider the legal factors as you bring your business vision to life. To summarise what we’ve discussed:
- Starting a mini golf business involves more than just building the course – you’ll need licences, permits, a solid business plan, and the right legal documents.
- Choosing the right business structure (e.g. sole trader, partnership, or company) can affect your legal protections and long-term growth potential.
- Key legal agreements, like customer terms, employment contracts, and privacy policies, help manage risks and keep your business compliant.
- You must comply with various laws, including employment law, consumer law, intellectual property, and privacy regulations.
- Local councils may require permits for zoning, food, noise, and operating hours, so always check what applies in your area.
- If you plan to franchise, you must follow the Franchising Code of Conduct and treat franchisees fairly.
- Seeking legal advice early can help you set up your business properly, protect your assets, and avoid costly mistakes down the line.
If you would like a consultation on starting a mini golf business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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