|
|
Like this article? PLEASE +1 it! |  |
|
Franchise Opportunity - Questions To Ask The Franchisor
| Guest post by: Dennis Schooley |
Article Overview: Whether it's hamburgers, pizza, telecom, coffee, Internet, muffler parts, or seniors' services, there are Franchise opportunities available to evaluate.
 |
Free Download - Trusted Internet ID Obama’s top priority By Dennis Schooley |
Franchise Opportunity - Questions To Ask The Franchisor
Finding The Right Franchise
Whether it's hamburgers, pizza, telecom, coffee, Internet, muffler parts, or seniors' services, there are Franchise opportunities available to evaluate. There are great Franchise systems, good Franchise systems, and bad Franchise systems. The challenge is to ask the right questions to find the right system that will fit your goals and dreams. The key is to ask the questions - and listen closely to the responses. Only then can you determine if the Franchise opportunity is the right fit for you. So whether it's food services like burgers or coffee, professional services like telecom or IT, or manual services like cleaning or oil changes, ask the questions and record the answers.
Why Are Franchise Agreements Non-Negotiable
All good Franchise systems will require that Franchise Agreements are the same for all Franchisees. As a consequence, they will generally make the statement that the Franchise Agreement is a non-negotiable instrument. If a Franchise system allows for the negotiation of the various clauses contained within its Agreement that should be an indication that their own belief in their system is not as strong as you might think. Yet the system is what a Franchisee will be investing in, so...
That's not to say that Franchise Agreements don't evolve over time to consider current business practices and opportunities. However, in any short-term time window, the Agreement will be the same for all Franchisees joining the system. If you think about that premise, that's really what Franchising is all about.
The Franchisor offers a consistent system of value to all its Franchisees, including a uniform support system, branding strategies, operating systems, and administration systems. That's a primary reason for Franchisees to invest in becoming a Franchise within the system - because those things all deliver a great value as opposed to starting from scratch.
Therefore it is imperative that the Agreement between a Franchisor and each Franchisee is the same so that everyone knows the playing field is even. The Agreement is really a description of the business systems, and the rules of engagement for that system. Each Franchisee should review that Agreement to ensure that those systems and those rules of operation make sense for them. Each Franchise Candidate should make the decision that 'yes, this makes sense to me, and I can prosper in this relationship, control my own outcomes, and build an asset for the future'.
However, as stated in a prior discussion about Franchise Fees, the relationship is not one of parity. As mentioned, 'If it were a relationship of parity, the Franchisee would take on a great deal more responsibility, and of course, liability and risk as well. So the relationship is not one of actual partnership in the legal sense. Therefore the Agreement is not a Partnership Agreement in the legal sense either. However, good Franchise systems will generally recognize their Franchisees as Strategic-Partners, meaning they are in a partnership of sorts that is aimed at achieving unified goals, but not one of legal partnership or equity.'
Consequently, the Franchise Agreement will describe the details of operation and the methods of protecting the system. After all, each Franchisee wants to be sure that the Franchisor has the right, and the clout, to deal with any Franchisee that causes detriment to the system - the very system in which they are investing. Each Franchisee should want to know that the Franchisor will have the ability to protect their investment, and evolve the business to increase in value on their behalf. In order to provide for those protections, the Agreement will seem to be slanted in the favor of the Franchisor. Actually, it's slanted in the favor of the system.
One of the more expensive errors a Franchise Candidate can make is to simply take the Agreement to an advisor that is not familiar with Franchising. I have seen legal bills for thousands of dollars where the lawyer wanted to negotiate every clause of the Agreement as if it were a normal Partnership Agreement. Those dollars end up being wasted because the Agreement is not negotiable, regardless of the basic business tenet that everything is negotiable. In this case, the lawyer should be trying to help the Franchisee to understand that the system operates in a certain way, and to determine if the Franchisee is comfortable operating the Franchisors system in their own market under the terms described in the Agreement.
It's akin to going into McDonalds and ordering three Big Macs and a hot dog. McDonalds doesn't sell hot dogs. They have a proven formula that works for their Franchisees, and in their case, that doesn't include hot dogs. So if someone wants to sell Big Macs, they can become a McDonalds Franchisee. If they want to sell burgers and dogs, then they will have to start 'Joe's Burgers & Dogs'.
In a more general sense, the Franchisor has certain disclosure requirements in both Canada and the United States. In certain States, the Uniform Franchise Offering Circular (UFOC) has to be registered before Franchises can be offered. It is incumbent upon the Franchisor to ensure that the Agreement that is signed with its Franchisees is consistent with the Agreement included in Disclosure Documents. Therefore, if the Franchisor negotiates the various clauses of its Agreements, then they will be inconsistent with their Disclosure Documents.
In summary, the main reasons that Franchise Agreements are non-negotiable include:
1)The requirement and desire for consistency among all Franchisees
2)The need for a strong Agreement that can consistently deal with any problems that may arise in order to protect the system for all Franchisees on an ongoing basis
3)The strong belief in the value of the system, which makes that system so valuable to each participant, extends to the Agreements among all parties
4)The need for consistency with Disclosure Documents
Evaluating the franchisor
Don't Let the Franchise Fee Scare You!
Franchisee checklist - assessing the franchisor
Twenty Questions to Ask before you Buy a Franchise
Franchises Versus Licensed Business Opportunities
|
About the Author: Dennis Schooley RSS for Dennis's articles - Visit Dennis's website Click here to visit Dennis's website   Parents Privacy Watchdogs Up in Arms Against Google Buzz Principal Asks Parents to Ban Social Networks Americans would rather play games on Facebook than reply to emails Travel Industry Communication Trends Craigslist Removes Adult Services Ads |
Related Forum Posts
Fed rate cuts . . .
- So just what do the newest Fed rate cuts mean to Franchise and Business Opportunity investing?
Is it immediately felt? What timeframe do you think, or rather, where are we in terms of new vs. existing business investment?
A similar question can be composed for the economic stimulus checks - will they a have any effect if consumers spend a little $$
Re: Enticing Franchises - Top 9 List
- All Franchise listed above are in millions of dollars. Do you have the list of Franchise in thousands
Re: Info for would be franchisers...
- [quote="Sebastien":1d29sdv1]Like Franchise Times, Franchise Update is a very practical magazine. There is no blah blah, just straight facts that anyone in the franchise community can relate to. I just want to mention that all these magazines are NOT franchisee oriented. I mean these magazines are for franchise professionals. If you're looking to buy a franchise, you won't find much information in there.
To answer your question, getting published in Franchise Times was fairly easy. I don't want to brag too much but I think I am known in the franchise industry. I was the marketing guy at Franchise.com for a few years before joining my new company, the World Franchising Network. So people know me and I have a very good relationship with Nancy Weingartner, the Managing Editor at Franchise Times. I was talking with her at the last Franchise Expo South in Miami and she mentioned she'd like me to be profiled. I was like "ok, sure!". I like this franchise executive profile thing in Franchise Times as it is rarely BS. People are usually really natural in there.[/quote:1d29sdv1]
Thanks for the follow up Sebastien! And I can't say that I'm surprised that networking with the right people and managing your relationships with them properly are the keys to being published.
I guess the old adage holds true of "it's not who you know, but who knows you" that's important.
how much for a franchise fee?
- Dear Colleague
There is no easy answer to this question. Things to consider:
[list=]
The sizeof the Franchise
Clent base
Expected Turnover
Intellectual Property costs (recoup)
Number of Franchises
Number of employees
Original Set up costs
Franchise admin costs
An example: A franchise that I was involved in setting was to a simple "lawn mowing/home repair" franchise. The Franchise included national/local advertising - preparation of client lists - general admin - central accounting etc
The Franchise involved 300-500 clients - and an annual turnover of about $300,000 . The annual franchise fee was $30,000.
Hope that this gives you some idea
Take care
Ian[/list]
Re: Franchise Surveys
- Another good tool to researching a franchise is to speak with their existing franchisees.
This contact information is included in most Franchise Disclosure Documents. In order to get a Franchise Disclosure Document or FDD as it is often referred to, you will have to complete a basic franchise application.
The franchisor will then usually provide you with the FDD at that time. Included in that book of information is a list of the existing franchisees, the contract, the investment information etc...
This information is required by Federal Law to be disclosed to your prior to making a purchase.
So be sure to do your research and start with the Franchise Documents to get the initial information.
Share this article with your friends. Fund someone's dream.
Leave a comment below or share on the left and you'll help support entrepreneurs in Africa through our partnership with Kiva. Over $50,000 raised and counting - Please keep sharing! Learn more.
by: 
4 Building Blocks of an Effective Talent Management System
Simon Fuller Quotes
Lesson #3: “Tell ‘em quick and tell ‘em often”
Searching for the Stars: How Yang and Filo Took Their Business to New Heights
Salesperson Wimp-Out: I Need Help 
Get advice & tips from famous business
owners, new articles by entrepreneur
experts, my latest website updates, &
special sneak peaks at what's to come!
Are You Listening?
The State of the Sustainable Furniture Industry
Coaching - An Effective Tool for Managers
Email us your ideas on how to make our
website more valuable! Thank you Sharon
from Toronto Salsa Lessons / Classes for
your suggestions to make the newsletter
look like the website and profile younger
entrepreneurs like Jennifer Lopez.