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Franchising 101
                                  Gary Wofford, Franchise Consultant/Advisor

                                          Your Guide to a Range of Opportunities




  This presentation is intended solely to inform and educate entrepreneurs
about franchising -- the process, benefits, drawbacks and available resources.
Only the individual entrepreneur can determine if franchising is right for him.
What is Franchising?

Franchising is a method of distributing goods or
services to consumers. The franchise system owns
the right to the trademark of the business. The
franchisee purchases the right to use the trademark
and operating system.


Most people associate the word “franchise” with
fast food restaurants. But, there are many more
types of franchise businesses, including everything
from advertising to automobile repair, printing
services to party supplies and many more.
Categories of Franchises
Accounting/Tax Services             Fitness                    Packaging/Ship/Mail
Advertising/Direct Mail             Florist Shops              Painting Services
Auto & Truck Rentals                Food/Restaurants           Paralegal Services
Automotive Products/Services                                   Payroll Services
                                    Golf Products/Services
Batteries-Retail & Comm.                                       Pest Control Services
Beverages: Special                  Greeting Cards             Pet Sales/Supplies
Business Brokers                    Hair Salons & Services     Photography
Business/Mgmt Consultants           Health Aids & Services     Printing/Copying
Campgrounds                         Home Furnishings           Real Estate Services
Check Cashing/Financial Services    Home Inspection            Recreational Services
Children’s Services                 Hotels and Motels          Rental Equipment & Supplies
Clothing and Shoes                  Insurance                  Retail Stores
Computer/Electronics/Internet       Janitorial Services        Security Systems
Construction Materials                                         Senior Care
                                    Jewelry                    Sign Products & Services
Consumer Buying Services
Convenience Stores                  Laundry & Dry Cleaning     Tanning Centers
Cosmetics                           Lawn/Garden/Agriculture    Telecommunications
Dating Services                     Maid & Personal Services   Transportation Services
Drug Stores                         Maintenance                Travel Agents
Educational Products/Services       Marine Services            Vitamin & Mineral Stores
Employment Services                 Optical Aids & Services    Weight Control
Well Known
                          Franchise Names
McDonald’s                     Gold’s Gym
Subway                         Great Clip’s
Curves                         H& R Block
Alphagraphics                  IHOP – International House of Pancakes
7-Eleven, Inc.                 Jenny Craig
Barbizon School of Modeling    Kwik Copy
Baskin Robbins                 MAACO
Big O Tires
                               Molly Maid
Blockbuster
                               New Horizon’s Computer Learning
Century 21 Real Estate
                               Once Upon A Child
Courtyard by Marriott
Dairy Queen                    Papa John’s Pizza
Dale Carnegie                  Radio Shack
Dunkin’ Donuts                 Seattle’s Best Coffee
Kentucky Fried Chicken         Taco Bell
Fuddruckers                    Wild Bird Centers of America
What is a Franchisee?

          “Frantrepreneur”
           (fran*tre*pre*neur) n.


One possessing the desire to be a business
owner -- without the desire to recreate the
wheel -- by following a proven system for the
benefit of personal and professional goals.
The Frantrepreneur
                       Mentality
   “I’m in
                       “I have the opportunity to
 business for          learn from the success and
myself, but not             failure of others.”
 by myself”.
                            “I want a ‘bottled’ process for success
                             that I can use in developing my own
 “Why would I work
                                     successful business.”
  for someone else
 when I can work for
 myself and reap the     "Why would I spend years and the investment
   rewards of my         required to establish a successful brand when I
      efforts?"         could buy a franchise which provides immediate
                       access to a successful business system and a brand
                             name which others already have made
                                           successful?"
Franchise Options
       TYPE:
                                           OWNERSHIP:
       • Traditional retail
       • Mobile products/services          • Hands-on
       • Work from home                    • Passive
                                           • Part-time/full-time

                                    SCOPE:
PRODUCT/SERVICE:
• 75 categories - an endless        • Single Unit Franchise
        array of possibilities      • Multiple Units
• Something to match anyone’s       • Master Franchise
        background, skills and      • Area Developer
        interests
Franchise Statistics
Franchise businesses account for about 50% of all retail sales in the
United States.
1 out of every 10 business is a franchised business.
A new franchised business is opened every 8 minutes of every
business day.
Franchise businesses employ more than 18 million Americans.
There are an estimated 2,000 franchise companies operating in the
U.S. doing business through more than 400,000 locations.
More than 75 industries use franchising to distribute goods and
services to consumers.
A 2009 study by The United States Chamber of Commerce found that
86% of franchises opened within the last five years were still under the
same ownership and 97% of them were still open for business.
Franchise Statistics
                           (continued)
A U.S. department of commerce study conducted from 1971 to 2009
showed that during that time less than 5% franchise businesses were
closed each year. Compare that to a U.S. Small Business
Administration study conducted from 1978 to 2009, which found that
62% of non-franchised businesses closed within the first 6 years of
their existence due to failure, bankruptcy, etc.
Total sales by franchised businesses are projected to reach $2 trillion,
this year.
In 2009, the median gross annual income, before taxes, of franchisees
was in the $86,200 to $142,600 range, with over 30% of franchisees
earning over $170,000 per year.
Franchise Success Rate

       Franchises have a 90%
       + success rate. Most
       people can’t even
       predict that they can
       keep their jobs with a
       90% certainty.
Advantages of Buying
                           a Franchise
Franchisor business practices are tightly regulated by the federal government
Franchisors have a vested interest in your success.
The value of a branded franchise business is significantly more than an
independent business.
The marketplace has already been checked out by the franchisor and
determined the system to be successful.
The franchisor utilizes collective buying power and passes on the discounts to
you.
Local and national advertising for the franchise operation as a whole is
supplied by the franchisor.
Supervision, training programs and consulting are readily available from the
franchisor.
Managerial, operational and accounting systems are in place to facilitate your
success.
Disadvantages of Buying

                        a Franchise
You have to pay the ongoing royalties to use the proven systems.
The contract with the franchisor must be renewed after a certain period
of time (typically after 10 years).
There is limited flexibility because business methods are dictated by
the franchisor.
You may be forced to buy products supplied by the franchisor rather
than the most cost effective product available.
You don’t get to make all of the decisions in how to run your business.
Questions To Ask
                        Yourself
How much capital do you have to invest?
How much liquid assets do you have?
Do you require a specific level of annual income?
Are you interested in pursuing a particular field?
Are you interested in retail sales or performing a service?
Do you want a part-time or full-time opportunity?
How many hours are you willing to work?
Does your family support your desire to own your own business?
Questions To Ask
                       Yourself (continued)
Do you want to operate the business yourself or hire a manager?
Do you want to have employees?
Do you want to have inventories?
Do you want to have Accounts Receivables?
Will franchise ownership be your primary source of income or will it
            supplement your current income?
Would you be happy operating the business for the next 20 years?
Would you like to own several outlets or only one?
Questions to Ask
                          a Franchisor
Determine what assistance the franchisor provides. Do they assist with
training, store design, location construction, site selection, and
feasibility studies?
Do they have any access to demographic studies to get an
understanding of the audience within the market area?
What types of support will the franchisor provide once your franchise
has opened its doors?
After the initial investment, will there be additional financial
obligations requiring working capital?
Does the franchisor offer any form of financing?
Ask the franchiser how many franchises have been sold in the state
you will be operating in during the last 12 months, and how many
have been opened for business?
Questions to Ask
                        a Franchisor (continued)
What types of territorial restrictions and protections have been set up
by the franchisor?
Is the franchisor planning on expanding within your state? Are they
focusing on any specific locations?
What arrangements are established through the franchisor in terms of
product supply?
Ask if the franchisor has been forced to terminate any of its
franchisees and detail the reasons for this decision. Have any
franchisees failed or gone       bankrupt?
Are there any current lawsuits pending or past judgments against the
franchisor? What steps are taken to settle disputes between the
franchisor and franchisees?
Is there a Franchisee Association or Advisory Board in place?
Questions to Ask
                        Franchisees
How long have you owned your franchise?
Is your franchise profitable?
In which month did you reach your breakeven point?
Have you made approximately the same profit that was forecast in the
disclosure document?
Were your opening costs consistent with the original projections in the
disclosure document?
Are you satisfied with the franchisor?
Are you satisfied with the product or service?
Is the operations manual, clear, up-to-date and adequate?
Are you satisfied with the marketing and promotional assistance
provided by the franchisor?
If you had it to do all over; would you purchase this franchise?
Questions to Ask
                        Franchisees (continued)
Was the initial training and ongoing support sufficient for you to operate
your business?
What was your background prior to buying your franchise and was it
beneficial to your success?
Are deliveries of goods provided by the franchisor timely and
competitively priced?
Is the franchisor fair and amicable to work with?
Does the franchisor listen and help you with your concerns?
Have you or other franchisees had any disputes with the franchisor? What
was their nature? Were they resolved fairly?
Do you know of any disputes between the franchisor and the government?
Do you know of any disputes with competitors?
Who are the major competitors?
Common Mistakes of
                         Prospective Franchisees
Not reading, understanding or asking questions about the FDD, franchise
agreement and other legal documents
Not understanding the responsibilities of the franchisee and the obligations
of the franchisor
Not seeking sound franchise, legal and financial advisors
Not verifying oral representations of the franchisor, representatives or
brokers
Not contacting enough current franchisees
Not contacting closed, sold or changed franchisees and confirming reasons
Not having enough working capital
Not recognizing the need for financing
Common Mistakes of
                        Prospective Franchisees
                        (continued)

Not knowing how to make a proper loan request
Not developing true and accurate budgets/forecasts and financial
statements
Not meeting the franchisor’s key management and support personnel
Not analyzing your market in advance
Not developing your marketing strategy
Not determining dollar amounts necessary to implement marketing strategy
including advertising and promotional programs
Not choosing the right location
Not analyzing the competition
Established versus
                          New Franchisors
Established Franchisors offer:
  Name Recognition
  More regional and national advertising
  Experienced management
  Better chance of competing with competitors in a price or advertising war
  More refined training and support
  Better purchasing power with established price discounts
  More likely to have franchise financing available
  More established and efficient working prototype or company-owned
  stores
  Improved assistance from existing qualified franchise owners through
  advisor councils
Should You Use
                           a Consultant?
A Franchise Consultant...
  will take the time to educate you on the franchise industry
  will help you define your qualifications so that you don’t waste your
  energies and time on franchises that are not right for you or that you are
  not qualified for
  can provide you valuable insight on franchises that you won’t find on
  your own
  will help you present your qualifications to a Franchisor
  are paid by the Franchisors, but they recognize that this only happens if
  they provide you excellent service and present to you the right
  opportunities
  will take an unbiased approach to helping you achieve your goals
Pre-Sale Disclosure
                                          FDD
                                         Or                (Franchise Disclosure Document)


•There are 23 items to the FDD – this is an important, if not the most important, part of
your validation process of the franchise company.
1.     Description of the franchisor, its            13.    Trademarks, service marks and trade names.
      predecessors and affiliates.                   14.    Patents and copyrights and Proprietary
2.    Business experience.                                 Information.
3.     Litigation history.                           15.    Franchisee requirement to operate the business.
4.    Bankruptcy history.                            16.    Restrictions on sale of goods and services.
5.     Initial franchise fee and additional costs.   17.    Renewal, termination or transfer of the franchise.
6.     Other fees.                                   18.    Endorsements by public figures.
7.     Requirements to purchase or lease from        19.    Earnings claims (optional).
      designated sources.                            20.    Names, addresses, and telephone numbers of
8.     Requirements to purchase from approved              current and former franchisees.
      suppliers.                                     21.    Financial statements.
9.     Franchisee’s Obligations.                     22.    Copies of the franchise agreement and other
10.   Financing.                                           contracts and agreements.
11.    Franchisor’s Obligations.                     23.   Receipt of FDD.
12.    Territory.
Common Elements
                                            of a Franchise Agreement
•Grant of Franchise        •Operation of the business format              •Remedies for breach and methods
•Term of Franchise*        •Representations by franchisor                 of enforcement of the agreement
                                                                          •Attorney Fees
•Name of Franchise         •Representations by the franchisee
                                                                          •Amendment
•Location of Franchise     •Relationships of the parties
                                                                          •Waiver
•Obligations of Franchise •Renewal and renewal fee*
                                                                          •Approvals
                           •Assignment
•Initial franchise fee                                                    •Construction and venue
                           •Termination*
•Franchise service fees;                                                  •Severability
                           •Procedures after termination
reporting and audits
                                                                          •Binding to successors
•Advertising fund
                                                                          •Exclusive property
•Training assistance
             •While there are as many franchise agreements as franchisors, the above represents several
              common elements fundamental to most agreements. The few that vary from franchisor to
                                   franchisor are identified with an asterisk (*).
Directories & Books

Franchising for Dummies – Dave Thomas & Michael Seid
Tips & Traps When Buying a Franchise – Mary Tomzack
Guide to Negotiating a Business Lease – Keith J. Kanouse
The Franchise Opportunity Guide
Bond’s Franchise Guide
Street Smart Franchising – Joe Matthews, Don DeBolt &
Deb Percival
The Franchise Handbook
Associations

International Franchise Association
American Association of Franchisees and Dealers
American Franchisee Association
Canadian Franchise Association
Common Terms
•Acknowledgement Of Receipt: The last page of an Franchise Disclosure Document, signed to indicate you received the
                        Receipt:
documents on a certain date.

• Advertising Fee: An annual fee paid by the franchisee to the franchisor for corporate advertising expenditures; It is often less
               Fee:
then three percent of the franchisee's annual sales and typically paid in addition to the royalty fee.

• Capital Required: The amount of cash you are required to have available.
          Required:

• Earnings Claims: Representations made by franchise companies that their franchisees have achieved specific levels of sales or
             Claims:
profitability.

• Exclusive Territory: The "territory" granted to you by a franchise company, which restricts the franchisor from establishing
            Territory:
any other location within your area.

• Federal Trade Commission (FTC): The federal agency in Washington, DC that regulates various trade practices including the
franchise industry.

• Franchise Agreement: An official document that sets forth the expectations and requirements of the franchisor. It describes the
              Agreement:
franchisor's commitment to the franchisee, and includes information about territorial rights of the franchisee, location
requirements, training schedule, fees, general obligations of the franchisee, and general obligations of the franchisor.

• Franchisee: The owner of one or more franchises.
  Franchisee:
Common Terms (continued)
• Franchise Fee: The initial fee you pay to a franchiser to acquire a franchise.
            Fee:

• Franchising: Neither an industry nor a business, but a method of doing business within a given industry. At least two parties
  Franchising:
are involved in franchising: the franchiser and the franchisee.

• Franchisor: The person or company that owns or controls the right to grant franchises for a specific "brand".
  Franchisor:

• FTC Rule 436: The law passed in 1979 that regulates the franchise industry. It set forth "disclosure" requirements and
             436:
prohibited franchisors from making earnings claims.

• Initial Investment: Generally, the initial cash investment required of you to buy and open a franchise. This can include the
          Investment:
franchise fee and other initial start-up costs and expenses you may incur, but may not be reflective of your total investment.

• Liquid Capital: Also known as, liquid assets, quick assets, and realizable assets. Assets held in cash or in something that can
          Capital:
be readily turned into cash.

• Master Franchisee: Describes an individual or company owning the exclusive rights to develop a particular territory for the
          Franchisee:
franchising company.

• Net Worth: Total assets, once you've subtracted your total liabilities.
      Worth:

• Non-Compete Clause: Upon termination, non-renewal, or other sale or transfer, some franchise agreements prohibit you
                Clause:
from competing in any way with the franchised company.

• Offer: An oral or written proposal to sell a franchise to a prospective franchisee upon understood general terms and
  Offer:
conditions.
Common Terms (continued)
• Protected Territory: A designated area or geographic boundary granted to the franchisee by the terms of a franchise
             Territory:
agreement. The franchisor promises not to open another franchised or company-owned business of a similar nature within the
franchisee's protected territory.

• Qualification Questionnaire: A document prepared by the franchisor to be completed by the prospective franchisee, which
                  Questionnaire:
provides initial information to the franchisor in order to assist in determining whether or not the prospect is capable and
motivated enough to own a franchise. Often a financial statement is included in the questionnaire format.

• Registration: A requirement in several states that specific information be submitted and approved by state regulatory
  Registration:
authorities before franchises may be offered in that state. It is quite extensive in the information required and may ask for: a
bond, fingerprints and pictures

• Start Up Costs: The required amount of money the franchisor will request that a new franchisee have to invest in the new
           Costs:
franchise unit in its earliest stages of development.

• Total Investment: The amount of money estimated for complete set up of a franchisee's business, including the initial
        Investment:
investment, the working capital, and any additions to inventory and equipment deemed necessary for a fully operational and
profitable business.

• FDD - Franchise Disclosure Document: Provides background information in over 20 categories as well as a copy of the
proposed franchise agreement. Also know as, the “Circular”, “Offering Circular” and “Disclosure Document”.
“If you don’t follow your dreams, you’ll be
           working for someone who did.”
                     -anonymous




    Your Guide to a Range of Opportunities




Gary Wofford, Franchise Consultant
  Call Today – 877.455.4749
 Denver Office - 303.255.4749
  Email: Gary@OwnFranchises.com
     www.OwnFranchises.com

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Pp franchising 101 wofford

  • 1. Franchising 101 Gary Wofford, Franchise Consultant/Advisor Your Guide to a Range of Opportunities This presentation is intended solely to inform and educate entrepreneurs about franchising -- the process, benefits, drawbacks and available resources. Only the individual entrepreneur can determine if franchising is right for him.
  • 2. What is Franchising? Franchising is a method of distributing goods or services to consumers. The franchise system owns the right to the trademark of the business. The franchisee purchases the right to use the trademark and operating system. Most people associate the word “franchise” with fast food restaurants. But, there are many more types of franchise businesses, including everything from advertising to automobile repair, printing services to party supplies and many more.
  • 3. Categories of Franchises Accounting/Tax Services Fitness Packaging/Ship/Mail Advertising/Direct Mail Florist Shops Painting Services Auto & Truck Rentals Food/Restaurants Paralegal Services Automotive Products/Services Payroll Services Golf Products/Services Batteries-Retail & Comm. Pest Control Services Beverages: Special Greeting Cards Pet Sales/Supplies Business Brokers Hair Salons & Services Photography Business/Mgmt Consultants Health Aids & Services Printing/Copying Campgrounds Home Furnishings Real Estate Services Check Cashing/Financial Services Home Inspection Recreational Services Children’s Services Hotels and Motels Rental Equipment & Supplies Clothing and Shoes Insurance Retail Stores Computer/Electronics/Internet Janitorial Services Security Systems Construction Materials Senior Care Jewelry Sign Products & Services Consumer Buying Services Convenience Stores Laundry & Dry Cleaning Tanning Centers Cosmetics Lawn/Garden/Agriculture Telecommunications Dating Services Maid & Personal Services Transportation Services Drug Stores Maintenance Travel Agents Educational Products/Services Marine Services Vitamin & Mineral Stores Employment Services Optical Aids & Services Weight Control
  • 4. Well Known Franchise Names McDonald’s Gold’s Gym Subway Great Clip’s Curves H& R Block Alphagraphics IHOP – International House of Pancakes 7-Eleven, Inc. Jenny Craig Barbizon School of Modeling Kwik Copy Baskin Robbins MAACO Big O Tires Molly Maid Blockbuster New Horizon’s Computer Learning Century 21 Real Estate Once Upon A Child Courtyard by Marriott Dairy Queen Papa John’s Pizza Dale Carnegie Radio Shack Dunkin’ Donuts Seattle’s Best Coffee Kentucky Fried Chicken Taco Bell Fuddruckers Wild Bird Centers of America
  • 5. What is a Franchisee? “Frantrepreneur” (fran*tre*pre*neur) n. One possessing the desire to be a business owner -- without the desire to recreate the wheel -- by following a proven system for the benefit of personal and professional goals.
  • 6. The Frantrepreneur Mentality “I’m in “I have the opportunity to business for learn from the success and myself, but not failure of others.” by myself”. “I want a ‘bottled’ process for success that I can use in developing my own “Why would I work successful business.” for someone else when I can work for myself and reap the "Why would I spend years and the investment rewards of my required to establish a successful brand when I efforts?" could buy a franchise which provides immediate access to a successful business system and a brand name which others already have made successful?"
  • 7. Franchise Options TYPE: OWNERSHIP: • Traditional retail • Mobile products/services • Hands-on • Work from home • Passive • Part-time/full-time SCOPE: PRODUCT/SERVICE: • 75 categories - an endless • Single Unit Franchise array of possibilities • Multiple Units • Something to match anyone’s • Master Franchise background, skills and • Area Developer interests
  • 8. Franchise Statistics Franchise businesses account for about 50% of all retail sales in the United States. 1 out of every 10 business is a franchised business. A new franchised business is opened every 8 minutes of every business day. Franchise businesses employ more than 18 million Americans. There are an estimated 2,000 franchise companies operating in the U.S. doing business through more than 400,000 locations. More than 75 industries use franchising to distribute goods and services to consumers. A 2009 study by The United States Chamber of Commerce found that 86% of franchises opened within the last five years were still under the same ownership and 97% of them were still open for business.
  • 9. Franchise Statistics (continued) A U.S. department of commerce study conducted from 1971 to 2009 showed that during that time less than 5% franchise businesses were closed each year. Compare that to a U.S. Small Business Administration study conducted from 1978 to 2009, which found that 62% of non-franchised businesses closed within the first 6 years of their existence due to failure, bankruptcy, etc. Total sales by franchised businesses are projected to reach $2 trillion, this year. In 2009, the median gross annual income, before taxes, of franchisees was in the $86,200 to $142,600 range, with over 30% of franchisees earning over $170,000 per year.
  • 10. Franchise Success Rate Franchises have a 90% + success rate. Most people can’t even predict that they can keep their jobs with a 90% certainty.
  • 11. Advantages of Buying a Franchise Franchisor business practices are tightly regulated by the federal government Franchisors have a vested interest in your success. The value of a branded franchise business is significantly more than an independent business. The marketplace has already been checked out by the franchisor and determined the system to be successful. The franchisor utilizes collective buying power and passes on the discounts to you. Local and national advertising for the franchise operation as a whole is supplied by the franchisor. Supervision, training programs and consulting are readily available from the franchisor. Managerial, operational and accounting systems are in place to facilitate your success.
  • 12. Disadvantages of Buying a Franchise You have to pay the ongoing royalties to use the proven systems. The contract with the franchisor must be renewed after a certain period of time (typically after 10 years). There is limited flexibility because business methods are dictated by the franchisor. You may be forced to buy products supplied by the franchisor rather than the most cost effective product available. You don’t get to make all of the decisions in how to run your business.
  • 13. Questions To Ask Yourself How much capital do you have to invest? How much liquid assets do you have? Do you require a specific level of annual income? Are you interested in pursuing a particular field? Are you interested in retail sales or performing a service? Do you want a part-time or full-time opportunity? How many hours are you willing to work? Does your family support your desire to own your own business?
  • 14. Questions To Ask Yourself (continued) Do you want to operate the business yourself or hire a manager? Do you want to have employees? Do you want to have inventories? Do you want to have Accounts Receivables? Will franchise ownership be your primary source of income or will it supplement your current income? Would you be happy operating the business for the next 20 years? Would you like to own several outlets or only one?
  • 15. Questions to Ask a Franchisor Determine what assistance the franchisor provides. Do they assist with training, store design, location construction, site selection, and feasibility studies? Do they have any access to demographic studies to get an understanding of the audience within the market area? What types of support will the franchisor provide once your franchise has opened its doors? After the initial investment, will there be additional financial obligations requiring working capital? Does the franchisor offer any form of financing? Ask the franchiser how many franchises have been sold in the state you will be operating in during the last 12 months, and how many have been opened for business?
  • 16. Questions to Ask a Franchisor (continued) What types of territorial restrictions and protections have been set up by the franchisor? Is the franchisor planning on expanding within your state? Are they focusing on any specific locations? What arrangements are established through the franchisor in terms of product supply? Ask if the franchisor has been forced to terminate any of its franchisees and detail the reasons for this decision. Have any franchisees failed or gone bankrupt? Are there any current lawsuits pending or past judgments against the franchisor? What steps are taken to settle disputes between the franchisor and franchisees? Is there a Franchisee Association or Advisory Board in place?
  • 17. Questions to Ask Franchisees How long have you owned your franchise? Is your franchise profitable? In which month did you reach your breakeven point? Have you made approximately the same profit that was forecast in the disclosure document? Were your opening costs consistent with the original projections in the disclosure document? Are you satisfied with the franchisor? Are you satisfied with the product or service? Is the operations manual, clear, up-to-date and adequate? Are you satisfied with the marketing and promotional assistance provided by the franchisor? If you had it to do all over; would you purchase this franchise?
  • 18. Questions to Ask Franchisees (continued) Was the initial training and ongoing support sufficient for you to operate your business? What was your background prior to buying your franchise and was it beneficial to your success? Are deliveries of goods provided by the franchisor timely and competitively priced? Is the franchisor fair and amicable to work with? Does the franchisor listen and help you with your concerns? Have you or other franchisees had any disputes with the franchisor? What was their nature? Were they resolved fairly? Do you know of any disputes between the franchisor and the government? Do you know of any disputes with competitors? Who are the major competitors?
  • 19. Common Mistakes of Prospective Franchisees Not reading, understanding or asking questions about the FDD, franchise agreement and other legal documents Not understanding the responsibilities of the franchisee and the obligations of the franchisor Not seeking sound franchise, legal and financial advisors Not verifying oral representations of the franchisor, representatives or brokers Not contacting enough current franchisees Not contacting closed, sold or changed franchisees and confirming reasons Not having enough working capital Not recognizing the need for financing
  • 20. Common Mistakes of Prospective Franchisees (continued) Not knowing how to make a proper loan request Not developing true and accurate budgets/forecasts and financial statements Not meeting the franchisor’s key management and support personnel Not analyzing your market in advance Not developing your marketing strategy Not determining dollar amounts necessary to implement marketing strategy including advertising and promotional programs Not choosing the right location Not analyzing the competition
  • 21. Established versus New Franchisors Established Franchisors offer: Name Recognition More regional and national advertising Experienced management Better chance of competing with competitors in a price or advertising war More refined training and support Better purchasing power with established price discounts More likely to have franchise financing available More established and efficient working prototype or company-owned stores Improved assistance from existing qualified franchise owners through advisor councils
  • 22. Should You Use a Consultant? A Franchise Consultant... will take the time to educate you on the franchise industry will help you define your qualifications so that you don’t waste your energies and time on franchises that are not right for you or that you are not qualified for can provide you valuable insight on franchises that you won’t find on your own will help you present your qualifications to a Franchisor are paid by the Franchisors, but they recognize that this only happens if they provide you excellent service and present to you the right opportunities will take an unbiased approach to helping you achieve your goals
  • 23. Pre-Sale Disclosure FDD Or (Franchise Disclosure Document) •There are 23 items to the FDD – this is an important, if not the most important, part of your validation process of the franchise company. 1. Description of the franchisor, its 13. Trademarks, service marks and trade names. predecessors and affiliates. 14. Patents and copyrights and Proprietary 2. Business experience. Information. 3. Litigation history. 15. Franchisee requirement to operate the business. 4. Bankruptcy history. 16. Restrictions on sale of goods and services. 5. Initial franchise fee and additional costs. 17. Renewal, termination or transfer of the franchise. 6. Other fees. 18. Endorsements by public figures. 7. Requirements to purchase or lease from 19. Earnings claims (optional). designated sources. 20. Names, addresses, and telephone numbers of 8. Requirements to purchase from approved current and former franchisees. suppliers. 21. Financial statements. 9. Franchisee’s Obligations. 22. Copies of the franchise agreement and other 10. Financing. contracts and agreements. 11. Franchisor’s Obligations. 23. Receipt of FDD. 12. Territory.
  • 24. Common Elements of a Franchise Agreement •Grant of Franchise •Operation of the business format •Remedies for breach and methods •Term of Franchise* •Representations by franchisor of enforcement of the agreement •Attorney Fees •Name of Franchise •Representations by the franchisee •Amendment •Location of Franchise •Relationships of the parties •Waiver •Obligations of Franchise •Renewal and renewal fee* •Approvals •Assignment •Initial franchise fee •Construction and venue •Termination* •Franchise service fees; •Severability •Procedures after termination reporting and audits •Binding to successors •Advertising fund •Exclusive property •Training assistance •While there are as many franchise agreements as franchisors, the above represents several common elements fundamental to most agreements. The few that vary from franchisor to franchisor are identified with an asterisk (*).
  • 25. Directories & Books Franchising for Dummies – Dave Thomas & Michael Seid Tips & Traps When Buying a Franchise – Mary Tomzack Guide to Negotiating a Business Lease – Keith J. Kanouse The Franchise Opportunity Guide Bond’s Franchise Guide Street Smart Franchising – Joe Matthews, Don DeBolt & Deb Percival The Franchise Handbook
  • 26. Associations International Franchise Association American Association of Franchisees and Dealers American Franchisee Association Canadian Franchise Association
  • 27. Common Terms •Acknowledgement Of Receipt: The last page of an Franchise Disclosure Document, signed to indicate you received the Receipt: documents on a certain date. • Advertising Fee: An annual fee paid by the franchisee to the franchisor for corporate advertising expenditures; It is often less Fee: then three percent of the franchisee's annual sales and typically paid in addition to the royalty fee. • Capital Required: The amount of cash you are required to have available. Required: • Earnings Claims: Representations made by franchise companies that their franchisees have achieved specific levels of sales or Claims: profitability. • Exclusive Territory: The "territory" granted to you by a franchise company, which restricts the franchisor from establishing Territory: any other location within your area. • Federal Trade Commission (FTC): The federal agency in Washington, DC that regulates various trade practices including the franchise industry. • Franchise Agreement: An official document that sets forth the expectations and requirements of the franchisor. It describes the Agreement: franchisor's commitment to the franchisee, and includes information about territorial rights of the franchisee, location requirements, training schedule, fees, general obligations of the franchisee, and general obligations of the franchisor. • Franchisee: The owner of one or more franchises. Franchisee:
  • 28. Common Terms (continued) • Franchise Fee: The initial fee you pay to a franchiser to acquire a franchise. Fee: • Franchising: Neither an industry nor a business, but a method of doing business within a given industry. At least two parties Franchising: are involved in franchising: the franchiser and the franchisee. • Franchisor: The person or company that owns or controls the right to grant franchises for a specific "brand". Franchisor: • FTC Rule 436: The law passed in 1979 that regulates the franchise industry. It set forth "disclosure" requirements and 436: prohibited franchisors from making earnings claims. • Initial Investment: Generally, the initial cash investment required of you to buy and open a franchise. This can include the Investment: franchise fee and other initial start-up costs and expenses you may incur, but may not be reflective of your total investment. • Liquid Capital: Also known as, liquid assets, quick assets, and realizable assets. Assets held in cash or in something that can Capital: be readily turned into cash. • Master Franchisee: Describes an individual or company owning the exclusive rights to develop a particular territory for the Franchisee: franchising company. • Net Worth: Total assets, once you've subtracted your total liabilities. Worth: • Non-Compete Clause: Upon termination, non-renewal, or other sale or transfer, some franchise agreements prohibit you Clause: from competing in any way with the franchised company. • Offer: An oral or written proposal to sell a franchise to a prospective franchisee upon understood general terms and Offer: conditions.
  • 29. Common Terms (continued) • Protected Territory: A designated area or geographic boundary granted to the franchisee by the terms of a franchise Territory: agreement. The franchisor promises not to open another franchised or company-owned business of a similar nature within the franchisee's protected territory. • Qualification Questionnaire: A document prepared by the franchisor to be completed by the prospective franchisee, which Questionnaire: provides initial information to the franchisor in order to assist in determining whether or not the prospect is capable and motivated enough to own a franchise. Often a financial statement is included in the questionnaire format. • Registration: A requirement in several states that specific information be submitted and approved by state regulatory Registration: authorities before franchises may be offered in that state. It is quite extensive in the information required and may ask for: a bond, fingerprints and pictures • Start Up Costs: The required amount of money the franchisor will request that a new franchisee have to invest in the new Costs: franchise unit in its earliest stages of development. • Total Investment: The amount of money estimated for complete set up of a franchisee's business, including the initial Investment: investment, the working capital, and any additions to inventory and equipment deemed necessary for a fully operational and profitable business. • FDD - Franchise Disclosure Document: Provides background information in over 20 categories as well as a copy of the proposed franchise agreement. Also know as, the “Circular”, “Offering Circular” and “Disclosure Document”.
  • 30. “If you don’t follow your dreams, you’ll be working for someone who did.” -anonymous Your Guide to a Range of Opportunities Gary Wofford, Franchise Consultant Call Today – 877.455.4749 Denver Office - 303.255.4749 Email: Gary@OwnFranchises.com www.OwnFranchises.com