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Restaurant Asset Purchase Agreement for Australia

Restaurant Asset Purchase Agreement Template for Australia

A comprehensive legal agreement governed by Australian law that facilitates the purchase and sale of restaurant business assets. This document covers the transfer of physical assets, equipment, inventory, intellectual property, licenses, and permits specific to restaurant operations. It addresses crucial aspects such as food safety compliance, liquor licensing, lease assignments, employee transfers, and operational continuity. The agreement incorporates relevant provisions from Australian federal and state legislation, including business transfer regulations, food safety standards, and hospitality industry requirements.

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What is a Restaurant Asset Purchase Agreement?

The Restaurant Asset Purchase Agreement is a specialized commercial contract used in Australian business transactions for the purchase and sale of restaurant businesses and their assets. This document is essential when acquiring an existing restaurant operation, whether it's a small cafe or a large dining establishment. It covers the transfer of tangible assets (such as kitchen equipment, furniture, and inventory), intangible assets (including recipes, customer lists, and goodwill), relevant licenses and permits, and may include provisions for employee transfers. The agreement must comply with Australian federal and state regulations, particularly those relating to food safety, liquor licensing, business transfers, and employment law. It's typically used in conjunction with due diligence investigations and may require various regulatory approvals depending on the jurisdiction and nature of the restaurant business.

What sections should be included in a Restaurant Asset Purchase Agreement?

1. Parties: Identification of the seller and purchaser, including ABN/ACN and registered addresses

2. Background: Context of the sale, brief description of the restaurant business and purpose of the agreement

3. Definitions and Interpretation: Definitions of key terms used throughout the agreement and rules for interpretation

4. Sale and Purchase: Core agreement to sell and purchase the assets, including the restaurant business

5. Purchase Price: Agreed purchase price, payment terms, deposit requirements, and adjustments

6. Completion: Details of the completion process, timing, and obligations of each party

7. Assets: Detailed description of assets included in the sale (equipment, fixtures, inventory, etc.)

8. Liabilities: Assignment and exclusion of liabilities

9. Employees: Treatment of existing employees, transfer arrangements, and related obligations

10. Seller's Obligations: Pre-completion and post-completion obligations of the seller

11. Purchaser's Obligations: Pre-completion and post-completion obligations of the purchaser

12. Warranties: Seller's warranties regarding the business, assets, and compliance

13. Restraint of Trade: Non-compete and non-solicitation provisions

14. Confidentiality: Protection of confidential information and trade secrets

15. GST: GST treatment of the transaction

16. Disputes: Dispute resolution process

17. General Provisions: Standard boilerplate clauses including notices, governing law, etc.

What sections are optional to include in a Restaurant Asset Purchase Agreement?

1. Intellectual Property: Transfer of trademarks, recipes, and other IP - used when the restaurant has valuable IP assets

2. Lease Assignment: Terms for assignment of existing lease - used when premises are leased

3. Training and Handover: Transition period and training requirements - used when specific operational knowledge transfer is needed

4. Third Party Consents: Process for obtaining required third-party approvals - used when significant contracts need assignment

5. Stock: Detailed provisions for valuation and transfer of perishable inventory - used when significant stock is included

6. Key Personnel: Arrangements for retention of key staff - used when specific employees are crucial to business

7. Earn-out Provisions: Performance-based additional payments - used when part of purchase price is contingent on future performance

What schedules should be included in a Restaurant Asset Purchase Agreement?

1. Asset Register: Detailed list of all physical assets included in the sale

2. Inventory List: Current stock and inventory items

3. Equipment List: Detailed list of kitchen and restaurant equipment included

4. Employee Details: List of employees and their employment terms

5. Licenses and Permits: Details of all operational licenses and permits

6. Lease Details: Copy or summary of premises lease terms

7. Contracts: List of ongoing contracts and supply agreements

8. Financial Statements: Recent financial records of the business

9. Handover Checklist: Detailed list of tasks for business transition

10. Form of Transfer Documents: Templates for various transfer documents required at completion

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Australia

Publisher

Genie AI

Sector

Cost

Free to use

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