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FRANCHISING
When entrepreneurs dream about their future, franchising is rarely the starting
place for their fantasy. While it's not always choice No. 1, the benefits of franchising
make it an enticing career opportunity for entrepreneurs. With an established brand and
support system, franchises offer franchisees a chance to taste running a business while
also giving them significant help.
"A franchise is a business with training wheels," said Tom Scarda, founder of The
Franchise Academy, a podcast dedicated to franchising. "For a majority of franchisees,
franchising has proven to be a viable way to become a business owner. For the most part,
it offers the lowest risks and the highest level of support. Because a franchiser doesn't
succeed until the franchisees do, you'll find a team of dedicated professionals willing and
able to help you every step of the way, from site selection to employee hiring to grand
opening."
The business can expand using other people’s money, which not only provides
another income (regular royalty payments) but also allows the franchisor to
expand more rapidly.
The franchisor may have several sources of income, such as franchise fees,
franchise royalty fees, training fees, service fees, advertising and marketing
administrative fees, rebates from suppliers, and the sales of products and supplies
to the franchisees.
Being able to open in multiple locations more rapidly gives the franchisor a
competitive advantage over other businesses selling similar products or services.
The franchisor brings into the company people (franchisees) who are
entrepreneurs, full of motivation to succeed.
The franchisor needs a smaller central organization compared to a business that
owns all the branches. In other words, he or she does not need such a large head
office.
Get things started more quickly. Depending on the arrangement, in many cases
the franchisor comes and sets the whole thing up, including decorating, shelving
and equipment.
Ongoing support.
Being part of a known brand. In many cases, benefiting from regional or national
advertising campaigns.
Many franchisors provide customer leads through websites and centralized call
centers.
Loss of ownership – the franchisee has put up money and becomes a kind of
partner in the business. A business that owns all its branches has not lost
ownership.
You may not be suited to be a franchisor. The resources and skills required are not
the same as those needed to manage employees in a branch. You have to be able
to lead and motivate independent entrepreneurs.
Lack of independence – goods usually come just from the franchisor, the premises
can only be decorated in a certain way, the range of products available for sale are
restricted, etc.
Lack of control over prices – the company may decide on a nationwide discount
on products that may not work in the franchisee’s market.
1. License: The franchisee gets the right to use, franchiser’s trademark under a
license.
2. Policies: The franchisee must follow the policies concerning the mode of
conducting business, as stated in the agreement.
4. Training: Complete training and assistance are provided to the personnel working
in the franchisee’s enterprise.
5. Royalty: For making use of a well-known business model, the franchisee pays
the royalty to the franchiser.
6. Limited period: Franchisee is allowed to use the business know-how and brand
name for a specified period, as mentioned in the franchise agreement. Although,
the agreement can be renewed further.
Importance of Franchising
It provides feedback to the franchiser regarding the product popularity, needs and
choices of customers, etc.
As the business is already established, the franchisee need not make efforts in
promoting the product.
Types of Franchising
There are two main forms of franchising — product distribution franchising and
business format franchising. In product distribution franchising, the relationship between
the franchisees and franchisors is very much like a standard dealer-supplier relationship.
Franchisees are allowed to use the franchisors’ trademarks and distribute their products,
but in return, they must pay fees and purchase a minimum amount of products. In
business format franchising, the relationship between the two parties is much more
complex where there is also an emphasis on sharing business methodologies, operating
systems, and support. Depending on the agreement, franchisees not only get the license to
sell the trademark products or services, but could also get access to the business’s
operating systems and a wide range of support on things like site selection, training,
quality control, and marketing.
Philippine Franchising
One hundred percent foreign ownership is allowed for Philippine retail trade
enterprises (which most franchise outlets are) which meet all of the following
requirements: (a) upfront paid-up capital of US$ 2.5 million or more, provided that
investments for establishing a store is not less than $830,000 or (b) specializing in high-
end or luxury products, provided that the paid-up capital per store is not less than $
250,000.00 (Section 5 of Republic Act 9762). No foreign equity is allowed in Retail
Trade Enterprises with less than the above- mentioned capital.
The GRP’s liberalized trade practices are embodied in the Intellectual Property
Code of the Philippines – Republic Act No. 8293. Under the law, franchisors do not have
to register their franchise agreements as long as these agreements do not contain any of
the prohibited clauses under Section 87 and do contain all the mandatory provisions
under Section 88 of the IP Code. The law also removed the ceiling on royalties. Royalty
payments may be remitted through any Authorized Agent Bank (AAB) of the Philippine
Central Bank (Bangko Sentral ng Pilipinas (BSP).
1. Impose upon the licensee the obligation to acquire from specific source capital
goods, intermediate products, raw materials, and other technologies, or of
permanently employing personnel indicated by the licensor;
2. Reserve the right to fix the sale or resale prices of the products manufactured on
the basis of the license;
3. Contain restrictions regarding the volume and structure of production;
Prohibit the use of competitive technologies in a nonexclusive technology transfer
arrangement;
4. Establish a full or partial purchase option in favor of the licensor;
Obligate the licensee to transfer for free to the licensor the inventions or
improvements that may be obtained through the use of the licensed technology;
5. Require payment of royalties to the owners of patents for patents that are not
used;
6. Prohibit the licensee to export the licensed product, unless justified for the
protection of the legitimate interest of the licensor such as exports to countries
where exclusive licenses to manufacture and/or distribute the licensed product(s)
have already been granted;
7. Restrict the use of the technology supplied after the expiration of the technology
transfer arrangement, except in cases of early termination of the technology
transfer arrangement due to reason(s) attributable to the licensee;
8. Require payments for patents and other industrial property rights after their
expiration or termination arrangement;
9. Necessitate that the technology recipient shall not contest the validity of any of
the patents of the technology supplier;
10. Limit the research and development activities of the licensee designed to absorb
and adapt the transferred technology to local conditions or to initiate research and
development programs in connection with new products, processes, or equipment;
11. Prevent the licensee from adapting the imported technology to local conditions, or
introducing innovation to it, as long as it does not impair the quality standards
prescribed by the licensor;
12. Exempt the licensor for liability for non-fulfillment of his responsibilities under
the technology transfer arrangement and/or liability arising from third party suits
brought about by the use of the licensed product or the licensed technology; and
other clauses with equivalent effects.
The following are the mandatory provisions required under Section 88:
1. The laws of the Philippines shall govern the interpretation of the contract and, in
the event of litigation, the venue shall be the proper court in the place where the
licensee has its principal office;
2. Continued access to improvement in techniques and processes related to the
technology shall be made available during the period of the technology transfer
arrangement;
In the event the technology transfer arrangement shall provide for arbitration, the
Procedure of Arbitration of the Arbitration Law of the Philippines or the
Arbitration Rules of the United Nations Commission on International Trade Law
(UNCITRAL) or the Rules of Conciliation and Arbitration of the International
Chamber of Commerce (ICC) shall apply and the venue of arbitration shall be the
Philippines or any neutral country; and,
3. The Philippine taxes on all payments relating to the technology transfer
arrangement shall be borne by the licensor. Prepared by our U.S. Embassies
abroad. With its network of 108 offices across the United States and in more than
75 countries, the U.S. Commercial Service of the U.S. Department of Commerce
utilizes its global presence and international marketing expertise to help U.S.
companies sell their products and services worldwide. Locate the U.S.
Commercial Service trade specialist in the U.S. nearest you by visiting
1.Choose a franchise
Whether you’re aiming for a small food cart business or a restaurant chain, it’s important
that you take into account certain factors and do proper research first when selecting a
franchise business.
a. Budget
Establish the amount that you’re willing to invest, so you can narrow down your
options. If you find yourself being short on capital, you could consider getting a franchise
business loan.
Brand power alone isn’t always enough to make a franchise business successful.
Make sure that whatever franchise you choose would fit in your preferred site location
and the nearby market. For instance, it might not be the best idea to set up a high-end
restaurant franchise near an elementary school where the primary market are kids.
To give you an idea on what franchise businesses you can consider, here’s a short list of
popular franchise brands here in the Philippines.
- Potato Corner
-Master Siomai
-Siomai House
-7 Eleven
-Dunkin’ Donuts
-Chooks To Go
-Jollibee
-Mang Inasal
a. Submission of Documents
Below are the usual documents that many franchisors require. It’s a good idea to
prepare these even if you haven’t fully decided on what franchise you want. But if you
already have a particular franchise business in mind, you can check their website or get in
contact with them for other requirements they might have.
-Letter of Intent
-Application Form (completely filled-out)
-Valid Government-Issued IDs
-Resume
-Target Site Location Details
-Meetings, Site Inspection, and Evaluation
After submitting your documents, the franchisor will reach out to you to schedule
a meeting and/or site inspection. In these meetings, expect to be interviewed and oriented
on the details of the franchise. You can also take this chance to ask them any important
questions that you might have.
b. Contract Signing
Finally, you’ll be contacted again if you’re deemed qualified to be a franchisee.
Review the contract thoroughly, and sign it if you’re okay with the terms and conditions.
International Franchising
International franchising is a strategic way to reduce dependence on domestic
demand and grow new, future revenue and profit centers worldwide. Extending a brand
globally through franchising involves low risk, requires minimal investment, and offers a
huge upside potential for scaling capabilities. Take a look at what international
franchising actually is, what its benefits are, examples of companies that have
successfully franchised internationally, how to get started in franchising, and where to
look for additional help.
Foreign master franchise owners pay a hefty upfront fee to acquire a designated
geographic area or, in some instances, an entire country where they operate as a mini or
sub-franchise company, selling franchises, collecting royalties, training the owners, and
overseeing all other related matters. They can even open units by themselves. In general,
a specified number of franchises must be outlined for the exclusive right to use the
business model in an entire country.
Domino’s Pizza International, Inc. began serving consumers outside the United States
in 1983 when the first store opened in Winnipeg, Canada. Since that time, Domino’s
Pizza International has extended its global reach to include more than 55 international
markets serviced by more than 3,230 stores.
The company claims, “The success of Domino’s Pizza outside the U.S. is due to the
collaborative relationship between our exceptional franchisees and the corporate team
that supports them. Together, we continuously strive to support a policy of 'One Brand–
One System' in order to be the best pizza delivery company in the world.”
McDonald’s, another fast-food giant, does business in 119 countries around the world.
For those markets where McDonald’s does not already have a presence, Afghanistan, for
example, the company does not have any firm plans to open locations in these countries.
The company says it is instead focusing on the markets where it already has a presence.
The best place to look for getting started is the International Franchise Association. It can
help you with the first steps to take and what opportunities are available in the global
marketplace. As in any new international expansion, there will be challenges: cultural
differences, legal considerations, contract negotiations, and intellectual property issues, to
name just a few. Of course, the process is not without its complexities.
DLA Piper’s FranCast Newsletter: DLA Piper is considered the No. 1 global law
firm in the area of franchise law by Who's Who Legal and is ranked the top
practice in the United States by the respected research firm Chambers & Partners.
Be sure to subscribe to its popular FranCast newsletter.
Each country has its own approach to regulation of the franchise model. This may
be through franchise-specific laws, general commercial laws or Codes of Conduct/
Ethics.
Franchise-specific laws:
The Philippines is home to more than 1,500 franchise brands. On average, they
can earn up to $11 billion in combined annual sales. No wonder the Philippines is now
also recognized as “the franchise development hub of Asia,” home to unique franchise
brands which are not only leaving their mark in the region but also all over the world.
Here are just eight homegrown franchise brands which are bringing their
distinctly Pinoy products and services to the world. Which one is your favorite?
1.Potato Corner
This homegrown flavored French fries concept has indeed gone a long way from
its humble kiosk beginnings in 1992. Potato Corner started shaking up the global
franchise market back in 2006 when it opened its first overseas branch in Indonesia.
Since then, Potato Corner has introduced its now iconic flavored French fries to around
30 countries, which include Malaysia, Panama, the United States, Australia, Singapore,
the United Arab Emirates, and Thailand, among others. Today, Potato Corner has over
550 stores, 90 of which are located in overseas markets, and has plans of setting up shop
in China, Mexico, and Spain.
2.Jollibee
Jollibee can now lay claim to the phrase “world-famous Chickenjoy.” From its
humble beginnings as an ice cream parlor and hamburger joint back in 1975, Jollibee is
now not only the largest fast-food chain in the Philippines, but is also an emerging global
quick-service restaurant player. It now has a network of more than 900 stores in the
Philippines, and more than 135 stores overseas which are located in the United States,
Vietnam, Brunei, Saudi Arabia, Qatar, Kuwait, Singapore, and the United Arab Emirates,
among other countries. And as if that’s not enough, Jollibee is poised for further
international growth; this year, it is set to open an additional 100 stores overseas, most of
which will be located in China. The fast-food chain is also planning to set up shop in
Australia, Canada, Indonesia, Italy, Japan, and the United Kingdom by 2017.
3.Goldilocks
This beloved bakeshop, whose dedication cakes and tasty pastries serve as an
important addition to any family celebration, continue to strengthen its local and
international presence even after 50 years. Goldilocks opened its first branch overseas
back in 1976, located in Los Angeles, California. Since then, Goldilocks has expanded to
other major cities in the United States and now has 22 stores located in San Francisco,
Las Vegas, Sacramento, and San Diego, among other cities. Aside from the United
States, Goldilocks now also has two stores in Canada and six storesinThailand.
4.Max’s Restaurant
“The house that fried chicken built” is fast building a global presence thanks to its
sumptuous and distinctly Filipino fried chicken recipe. Founded in 1945, fresh off the
second World War, Max’s Restaurant initially served fried chicken, steak, and drinks, but
has since expanded its menu to include other Filipino food favorites. It established its
overseas presence in the United States as early as 1982. Since then, it has also opened
locations in Canada, the United Arab Emirates, Qatar, Kuwait, and Australia. Today,
Max’s Restaurant has more than 146 branches in the Philippines, and more than 20
branches overseas.
Bet you initially thought that this New York-style pizza joint is actually, well,
from New York. Yellow Cab is, indeed, a homegrown pizza-and-pasta restaurant which
opened in 2001 with one goal in mind: to share a slice of New York-style pizza goodness
to every Filipino. Yellow Cab’s signature pizzas and pastas are also delivered to homes
and offices using its iconic yellowVespascooters.
Today, Yellow Cab spreads this love for New York-style pizza through its
network of 130 branches nationwide. It has also set up shop in the United States, Guam,
Malaysia, and the Middle East, with six franchised outlets in Qatar and one outlet in the
United Arab Emirates. Plans are also underway to open flagship stores in China, Jordan,
Egypt, Saudi Arabia, and Singapore by 2017.
6.BENCH
From a small store selling men’s t-shirts in 1987, BENCH/ has grown into a
global fashion powerhouse whose product line has since expanded to include
undergarments, footwear, fragrances, and snacks, among other lifestyle products. Today,
the BENCH/ clothing and lifestyle store has over 186 branches in the Philippines, and
remains the go-to source for affordable yet on-trend fashion pieces among Filipinos. It
also has more than 85 branches overseas, spread across more than 22 countries including
the United States, Canada, China, Japan, Saudi Arabia, Egypt, and Singapore, among
others, and recently opened a flagship store in Myanmar.
7.Oryspa
Who knew that you can make something beautiful out of “darak” or rice bran, a
byproduct of the rice-milling process which is often used as pig feed? Oryspa, a
homegrown beauty company from Laguna, is the first to use rice bran as a base for its
health and beauty products. This includes soaps, body masks, pain relief balms, and
massage oils, among other products. Today, Oryspa promotes natural Asian beauty
through its 23 branches nationwide. And even though its products are already being
exported to different countries in Asia and Europe, and sold worldwide through various
online merchants, Oryspa has also already set up two physical store in Singapore.
8.Bibingkinitan
There are many factors that a franchisor needs to be aware of as they look to
expand into a foreign market. Some of the most important factors are:
The Little Gym International has successfully grown their company into a global
brand serving more than 100,000 children in 20 countries each week. The Little Gym
International offers programs which aid children aged 4 months to 12 years develop vital
motor skills in a fun and non-competitive environment, while simultaneously enhancing
their self-confidence and social skills.
Through master franchise agreements, The Little Gym International has already
successfully opened locations in multiple countries in the Middle East, Asia, and Europe
as well as North America, proving that their concept and business model can work well in
virtually any country in the world.
They have recently announced that they have entered into a joint venture that will
bring their concept to mainland China. This brings the number of countries that The Little
Gym has a presence in to 20. The joint venture holds great potential to spread The Little
Gym throughout China.
One of the reasons for The Little Gym’s international success is the significant
amount of time they spend in choosing each master franchisee. Strong people skills and a
deep love of children are the most important qualities that they look for. Once the
franchisee has been selected, The Little Gym provides the tools, training and support
needed for that franchisee to reach their full potential. The Little Gym master franchisees
also have experience and a vested interest in the growth and success of the system. The
Little Gym master franchisee oversees the selection, recruitment, inauguration
and ongoing support of additional franchise owners. This allows The Little Gym’s
development efforts to move forward with full force so they can continue to grow their
international brand.
List of References:
https://www.businessnewsdaily.com/4628-franchising.html
https://marketbusinessnews.com/financial-glossary/franchising/
https://businessjargons.com/franchising.html
https://tycoon.ph/how-to-start-franchise-business-philippines/
http://www.pfa.org.ph/
https://www.thebalancesmb.com/international-franchising-a-global-strategic-initiative-
1953329
http://francorp.com.ph/2017/01/13/8-filipino-franchises-that-have-gone-global/
http://francorp.com.ph/2017/01/13/8-filipino-franchises-that-have-gone-global/
http://www.bi-me.com/main.php?id=46771&t=1&c=35&cg=4&mset=1011
https://www.wileyrein.com/newsroom-articles-339.html