Learning Objectives Define and describe franchising. Identify the positive and negative aspects of franchising. Understand the structure of the franchise industry. Recognize the legal aspects of franchising. Learn how to research franchise opportunities. Explore international franchising.
What Is Franchising? Franchise—a business that markets a product/service developed by a franchisor. Franchising—the system of operating a franchise governed by a legal agreement. Franchisor—person or company who develops/sells a franchise and specifies the terms and methods of the agreement. Franchisee—owner of a franchise unit or territory rights.
Before You Invest…. Pick a franchise you’re familiar with. Know the upfront costs. Know your restrictions. If you want to get rich, plan to expand. Read the fine print.
Franchise Industry Structure A few large franchisors, with worldwide franchisees, control most of the industry. Many smaller franchisors have local and regional franchisees. In 2012, U.S. franchises had revenues of $769 billion provided over 8.1 million jobs.
Legal Aspects of Franchising State and federal regulations govern franchises. Federal Trade Commission (FTC)— primary agency involved in oversight. Franchise Disclosure Document (FDD) —primary source of data for prospective franchisees regarding franchisors. Franchise agreement—legal contract between the parties in a franchise.
Information Included in a FDD Overview and background Fees and costs Contractual obligations Territory Financial performance Data on existing units Financial statements and contracts Termination, renewal, and other policies
Information Included in a Franchise Agreement Term of agreement (length of time) Standards of quality and performance Royalties Non-compete, “hold harmless,” and integration clauses; choice of venue Clauses regarding termination, renewal, and transfer of the franchise Territories
Steps for Franchise Selection 1. Take time to reflect and engage core supporters. 2. Identify potential franchises. 3. Do research to narrow the list of options. 4. Decide whether to use a franchise broker. 5. Visit and observe franchise operator(s).
franchise companies. 7. Perform due diligence on a specific franchise. 8. Explore financing options. 9. Make a decision, engage professional counsel, and negotiate an agreement. 10. Make it work!
International Franchising Opportunities exist worldwide. The decision to go global is more complex than domestic franchising. Ethnic, cultural, and religious diversity impact business format and operations. Policies must be altered for differences in governing law and custom.