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Franchise Direct's Pocket Guide to Franchising

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<strong>Franchise</strong> Direct USA<br />

335 Lenox Rd, Suite 750<br />

Atlanta; GA; 30326<br />

www.<strong>Franchise</strong>Direct.com ©Copyright 2012 <strong>Franchise</strong> Direct. All Rights Reserved


<strong>Franchise</strong> <strong>Direct's</strong> <strong>Pocket</strong> <strong>Guide</strong> <strong>to</strong> <strong>Franchising</strong><br />

Thank you reading our pocket guide <strong>to</strong> franchising!<br />

The purpose of the guide is <strong>to</strong> provide an overview<br />

of franchising and help you as a prospective franchise<br />

buyer. We hope you find it <strong>to</strong> be a great resource as<br />

you explore the possibilities that franchising has <strong>to</strong> offer.<br />

The information contained in this publication is for<br />

informational purposes and general guidance only.<br />

Every effort has been made <strong>to</strong> ensure that its<br />

contents are accurate.<br />

Please note that no business method or industry<br />

sec<strong>to</strong>r can guarantee success, and franchising is<br />

no exception. The information contained in this<br />

booklet is designed <strong>to</strong> assist you in asking the right<br />

questions and seeking the right advice <strong>to</strong> make the<br />

right choice for you. However, ultimately, it is your<br />

investment that is at stake.<br />

The information and guidance contained, or referred <strong>to</strong>,<br />

in this publication are generic and, in likelihood, does<br />

not apply <strong>to</strong> all franchise systems. The specific<br />

circumstances of individual cases may differ, as may the<br />

correct course of action <strong>to</strong> take in those specific<br />

circumstances.<br />

<strong>Franchise</strong> Direct cannot accept responsibility for<br />

decisions taken as a result of the information contained<br />

within this booklet. For any investment listed on<br />

<strong>Franchise</strong> Direct or elsewhere, it is up <strong>to</strong> the prospective<br />

buyer and user <strong>to</strong> thoroughly investigate any listing or<br />

company, obtain the appropriate disclosure documents,<br />

and seek expert consultation prior <strong>to</strong> making any<br />

investment decisions.<br />

All contents of this booklet are the copyright of <strong>Franchise</strong> Direct.<br />

All rights reserved. Any reproduction of any content without permission is strictly prohibited.<br />

1<br />

<strong>Franchise</strong> Direct USA<br />

335 Lenox Rd, Suite 750<br />

Atlanta; GA; 30326<br />

www.<strong>Franchise</strong>Direct.com ©Copyright 2012 <strong>Franchise</strong> Direct. All Rights Reserved


Table of Contents<br />

A Look at the Popularity of <strong>Franchising</strong>.......................................................................................................3<br />

Steps <strong>to</strong> Owning a <strong>Franchise</strong>........................................................................................................................4<br />

<strong>Franchising</strong> 101............................................................................................................................................5<br />

<strong>Franchise</strong>s vs. Business Opportunities.........................................................................................................6<br />

Why Buy A <strong>Franchise</strong>?.................................................................................................................................7<br />

Assessing Yourself........................................................................................................................................8<br />

Finding <strong>Franchise</strong> Opportunities..................................................................................................................9<br />

Understanding the FDD.............................................................................................................................10<br />

<strong>Franchise</strong> Costs..........................................................................................................................................11<br />

Initial Investment Costs.........................................................................................................11<br />

Ongoing Costs........................................................................................................................12<br />

Financing Your <strong>Franchise</strong>...........................................................................................................................13<br />

Tips for a Successful Meeting with Lenders...............................................................................................14<br />

Learning from Other <strong>Franchise</strong>es...............................................................................................................15<br />

Signing the <strong>Franchise</strong> Agreement..............................................................................................................16<br />

Minorities and <strong>Franchising</strong>........................................................................................................................17<br />

Women and <strong>Franchising</strong>............................................................................................................................18<br />

Veterans and <strong>Franchising</strong>...........................................................................................................................19<br />

Retirees and <strong>Franchising</strong>............................................................................................................................19<br />

Home-based <strong>Franchise</strong>s.............................................................................................................................20<br />

Part-time <strong>Franchising</strong>.................................................................................................................................21<br />

Alternative Modes of <strong>Franchising</strong>..............................................................................................................22<br />

Final Advice................................................................................................................................................23<br />

Common <strong>Franchise</strong> Terms..........................................................................................................................24<br />

2<br />

<strong>Franchise</strong> Direct USA<br />

335 Lenox Rd, Suite 750<br />

Atlanta; GA; 30326<br />

www.<strong>Franchise</strong>Direct.com ©Copyright 2012 <strong>Franchise</strong> Direct. All Rights Reserved


A Look at the Popularity of <strong>Franchising</strong><br />

Nationally<br />

In the United States, approximately one of every 12 businesses is a franchise, and hiring within this<br />

business sec<strong>to</strong>r has outpaced the national average in recent years.<br />

In fact, the number of workers employed by franchises now exceeds the number of workers employed in<br />

major industries such as durables manufacturing, finance, insurance, and real estate. It’s estimated that<br />

franchising provides nearly 18 million jobs and contributes over $2.1 trillion <strong>to</strong> the economy. With<br />

statistics like these, it’s not hard <strong>to</strong> see why numerous business leaders and government officials view<br />

franchising as one of the <strong>to</strong>p ways <strong>to</strong> promote economic recovery through its job creation potential.<br />

So why is franchising such a popular business model? Part of the answer lies in the advantages gained<br />

by both parties of the franchise agreement.<br />

For the franchisor, franchising is a way <strong>to</strong> economically expand compared <strong>to</strong> adding additional companyowned<br />

outlets because the franchisee is responsible for a great deal of the financial investment. On the<br />

other side, by investing in a franchise, a franchisee gains the advantage of the knowledge and<br />

established systems that the franchisor is already entirely familiar with. In addition, the franchisee will<br />

also be provided training and support from the franchisor.<br />

Abroad<br />

Going international is very attractive for franchisors because approximately 95 percent of potential<br />

consumers in the world are outside of the United States.<br />

Fifteen years ago, few franchisors beyond the large-scale<br />

ones were operating internationally. Nowadays, 32 percent<br />

of the franchise units operated by the <strong>to</strong>p 200 franchisors in<br />

the United States are outside of the U.S. That number<br />

represents a 33 percent jump in the number of international<br />

units operated by those franchisors in the past 10 years.<br />

<strong>Franchise</strong> businesses have quite a bit <strong>to</strong> offer emerging<br />

markets because they are designed <strong>to</strong> be replicated. Thus,<br />

they require less experienced entrepreneurs and provide<br />

business-learning opportunities within a support structure.<br />

All of this can help emerging market countries further<br />

develop their economies. Additionally, within emerging<br />

markets there are hopeful entrepreneurs that are generally<br />

eager <strong>to</strong> learn business principles through the methods and<br />

procedures franchisors have <strong>to</strong> offer.<br />

Organizations such as the International <strong>Franchise</strong> Association and the International Trade Administration<br />

branch of the U.S. Commerce Department offer many resources <strong>to</strong> franchisors who seek <strong>to</strong> operate<br />

internationally.<br />

3<br />

<strong>Franchise</strong> Direct USA<br />

335 Lenox Rd, Suite 750<br />

Atlanta; GA; 30326<br />

www.<strong>Franchise</strong>Direct.com ©Copyright 2012 <strong>Franchise</strong> Direct. All Rights Reserved


Steps <strong>to</strong> Owning a <strong>Franchise</strong><br />

Below are 10 steps that provide a general overview of the steps involved on the path <strong>to</strong> franchise<br />

ownership:<br />

1. Gain a deeper understanding of franchising by researching and familiarizing yourself with<br />

franchising as a way of doing business.<br />

2. Know what your own financial situation and objectives are <strong>to</strong> determine if franchise ownership is<br />

a workable option for you.<br />

3. Examine your own motives, temperament, lifestyle preferences, health, family obligations, likes<br />

and dislikes <strong>to</strong> be sure you are realistic about undertaking a particular type of business.<br />

4. Look for franchises that match your requirements and preferences, and then compare several<br />

similar opportunities <strong>to</strong> narrow down your choices. Talk with other franchisees <strong>to</strong> get a hands-on<br />

practical viewpoint on the pros and cons of the business.<br />

5. Establish a business relationship with an accountant <strong>to</strong> review your finances, and a lawyer <strong>to</strong><br />

review the legal obligations involved in franchising.<br />

6. Contact the franchisor and request the <strong>Franchise</strong> Disclosure Document (FDD). Carefully examine<br />

this with your accountant and at<strong>to</strong>rney <strong>to</strong> assess the business proposition and its earning<br />

potential.<br />

7. Find an appropriate location based on your target market, the competition and capability <strong>to</strong><br />

meet any site requirements stipulated in the FDD.<br />

8. Do the research on the industry, the market segment and competition in your specific area.<br />

9. Write a credible business plan <strong>to</strong> present <strong>to</strong> the franchisor and potential financial lenders.<br />

10. Carefully review the <strong>Franchise</strong> Agreement with your accountant and lawyer <strong>to</strong> ensure it matches<br />

the FDD. Make sure you understand all the terms, and see if any of the terms can be altered and<br />

made more favorable for you as the franchisee.<br />

4<br />

<strong>Franchise</strong> Direct USA<br />

335 Lenox Rd, Suite 750<br />

Atlanta; GA; 30326<br />

www.<strong>Franchise</strong>Direct.com ©Copyright 2012 <strong>Franchise</strong> Direct. All Rights Reserved


<strong>Franchising</strong> 101<br />

The modern-day concept of franchising originated in the 1850s with Isaac Singer seeking <strong>to</strong> distribute his<br />

sewing machines outside of his immediate area. He also wanted <strong>to</strong> provide training <strong>to</strong> cus<strong>to</strong>mers on the<br />

proper way of using them. As a result, he began selling licenses <strong>to</strong> entrepreneurs in different parts of<br />

the country – the predecessor of the current franchise agreement. Since then franchising has grown in<strong>to</strong><br />

a prominent feature of the American business landscape.<br />

<strong>Franchising</strong> can be defined in many different ways. For our purposes, we will use the definition for a<br />

franchise provided by the International <strong>Franchise</strong> Association (IFA), which is:<br />

<strong>Franchising</strong> can be described as a pooling of resources and capabilities. The franchisor contributes the<br />

know-how and experience while the franchisee contributes the supplementary capital investment,<br />

motivated effort and operating experience in a variety of markets. <strong>Franchising</strong> is a comprehensive<br />

business relationship, not just a buyer-seller relationship. There is considerable interdependence<br />

between the franchisor and the franchisee.<br />

One of the most widely held misconceptions about the franchising industry is that it’s dominated by<br />

companies with large operations. While, it’s true that the most popular franchise businesses such as<br />

McDonald’s and Subway have outgrown their humble beginnings and are now huge entities – operating<br />

thousands of units in numerous countries – the vast majority of franchise businesses are truly small<br />

businesses, with most having fewer than 100 units. As a matter of fact, even the<br />

large-scale franchise opera<strong>to</strong>rs are made up of smaller master franchisees who own<br />

several outlets individually, along with true small business owners who own one, or<br />

just a few, franchised businesses. Essentially, franchising is a time-proven pathway<br />

for small business development.<br />

An additional attribute of franchising is that it’s extremely diverse. Despite its<br />

association with fast food, franchising is not confined <strong>to</strong> a narrow range of business<br />

segments. Name an industry and there’s likely a franchise in it.<br />

<strong>Franchise</strong> Direct USA<br />

335 Lenox Rd, Suite 750<br />

Atlanta; GA; 30326<br />

www.<strong>Franchise</strong>Direct.com ©Copyright 2012 <strong>Franchise</strong> Direct. All Rights Reserved<br />

5


<strong>Franchise</strong>s vs. Business Opportunities<br />

Business opportunities and franchises are two ways <strong>to</strong> start a business without having <strong>to</strong> start from<br />

scratch. While they are similar, they have distinct differences that should be acknowledged.<br />

Business Opportunities<br />

A business opportunity is the sale or lease of any product, service, equipment, etc. that will enable the<br />

purchaser <strong>to</strong> begin a business. Business opportunities cover a broad spectrum of careers, and include<br />

the following:<br />

● Turnkey Operations<br />

● Distribu<strong>to</strong>rships<br />

● Dealers<br />

● Network/Multi-level Marketing<br />

● Trademark/Product Licenses<br />

● Rack Jobbers<br />

● Vending Machine Routes<br />

● Work from Home Opportunities<br />

With the purchase of a business opportunity, the buyer owns the business outright and can cus<strong>to</strong>mize<br />

virtually all aspects of the business <strong>to</strong> their tastes. When an entrepreneur contacts an entity selling a<br />

business opportunity, they are contracting with that licenser for a business system including training,<br />

equipment or a service method that the licenser has cultivated and made profitable. Traditionally, once<br />

the purchase is finalized, and training – if applicable – is completed, the relationship is over.<br />

<strong>Franchise</strong>s<br />

A franchise is defined as the right or license granted by a company (franchisor) <strong>to</strong> an individual or group<br />

(franchisee) <strong>to</strong> market its products or services in a specific terri<strong>to</strong>ry.<br />

Three common types of franchises are:<br />

Product: The franchisor grants the franchisee permission <strong>to</strong> sell/distribute a product using their<br />

logo, trademark and trade name.<br />

Manufacturing: The franchisor permits the franchisee <strong>to</strong> manufacture their products (i.e. food)<br />

and sell them using their trademark and name.<br />

Business Format: Probably the most popular form of franchising. The franchisor licenses their<br />

brand <strong>to</strong> a franchisee for use with a predetermined way of conducting business.<br />

When the purchase of a franchise is made, the purchaser is required <strong>to</strong> comply with strict guidelines and<br />

rules regarding the operation of the business. These guidelines are in place <strong>to</strong> protect others within the<br />

system and maintain brand consistency. And unlike most business opportunities, costs paid <strong>to</strong> the<br />

franchisor don’t end with the initial sale. In exchange for these payments, the franchisee will receive<br />

continued support, such as marketing assistance and technical support.<br />

6<br />

<strong>Franchise</strong> Direct USA<br />

335 Lenox Rd, Suite 750<br />

Atlanta; GA; 30326<br />

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Picking the Right One for You<br />

Figuring out what kind of entrepreneur you are and what you’re looking for is important for deciding<br />

which kind of business you should pursue. Both are good for potential business owners that don’t have a<br />

unique product or service <strong>to</strong> bring <strong>to</strong> the marketplace, but still want <strong>to</strong> run a business day-<strong>to</strong>-day. The big<br />

differentia<strong>to</strong>r is how much support you want. If you’re simply looking for a jumpstart and desire more<br />

flexibility, a business opportunity is probably the route for you. If you’re looking for consistent support,<br />

and can handle restriction in the procedures of your business, a franchise might be the path for you.<br />

Why Buy A <strong>Franchise</strong>?<br />

Many people want <strong>to</strong> be their own boss, but don’t want the task of reinventing the wheel. In<br />

franchising, someone has already done the work establishing the business, and has ironed out the<br />

wrinkles. Here are some common benefits of the franchise system:<br />

The business has already been proven <strong>to</strong> work. The franchisor and the network of busily trading<br />

franchisees are testimony <strong>to</strong> that.<br />

You are fully trained in all aspects of the business, and sometimes your business partner and/or<br />

key staff receive training <strong>to</strong>o.<br />

There is an operating system that can be learned and then implemented <strong>to</strong> the letter, or with a<br />

degree of flexibility.<br />

The brand is established.<br />

The franchisor helps with finding a good location that will deliver traffic if that’s what is needed<br />

(e.g. for retail or food outlets) or will be cost efficient if visibility is not paramount (e.g. for<br />

cleaning or home improvement businesses).<br />

Marketing <strong>to</strong>ols and ad campaigns are provided, both nationally for the brand and locally for<br />

individual franchisees. The majority of franchisors also help franchisees make a major local<br />

impact with a publicized launch of the business.<br />

<strong>Franchise</strong>es receive ongoing support from good franchisors, delivered via <strong>to</strong>ll-free numbers, a<br />

company intranet, newsletters, and regular visits by a representative from the corporate office,<br />

regional meetings and annual conventions.<br />

Centralized purchasing is a feature of many franchises where the franchisee benefits from<br />

discounted pricing on goods for a retail s<strong>to</strong>re or ingredients for a<br />

restaurant and other supplies.<br />

There are many different types of franchise opportunities available, with various<br />

investment commitment levels that can range from minimal <strong>to</strong> more substantial.<br />

For those not ready <strong>to</strong> leave their “day jobs,” there are plenty of offerings that<br />

require only a part-time commitment that grows gradually. Ambitious<br />

entrepreneurs, who want <strong>to</strong> <strong>to</strong>tally commit themselves <strong>to</strong> owning a business,<br />

have a vast range of choices.<br />

Like anything else in life, there are pros and cons involved. Do your due diligence<br />

<strong>to</strong> ensure the benefits of franchising outweigh the disadvantages in your<br />

personal situation.<br />

7<br />

<strong>Franchise</strong> Direct USA<br />

335 Lenox Rd, Suite 750<br />

Atlanta; GA; 30326<br />

www.<strong>Franchise</strong>Direct.com ©Copyright 2012 <strong>Franchise</strong> Direct. All Rights Reserved


Assessing Yourself<br />

To succeed as a franchise owner, you must be able <strong>to</strong> follow the rules and conduct of the business<br />

according <strong>to</strong> the provided instructions. If you find it hard <strong>to</strong> follow someone else’s rules, then a franchise<br />

probably does not suit you.<br />

Recognizing your true abilities, natural preferences, and real limitations is the first step <strong>to</strong> success in any<br />

type of business. By having some clear direction as <strong>to</strong> your goals, personal commitments, and lifestyle<br />

choices, you’ll have a better idea of the most realistic way <strong>to</strong> achieve your ambitions, and eliminate<br />

wasting time on researching franchise choices not suited <strong>to</strong> your temperament and abilities. To help you<br />

with your self-assessment, grab a pen and paper, and consider these points <strong>to</strong> honestly evaluate yourself:<br />

Your goals:<br />

Where do you want <strong>to</strong> be in five years? In ten years?<br />

Do you want <strong>to</strong> make a full-time commitment, or start out slow?<br />

How important is money vs. job satisfaction?<br />

Are you motivated by personal challenge?<br />

Your talents, abilities and temperament:<br />

What activities, such as sports, computers, decorating, etc., do you like <strong>to</strong> do?<br />

Are you better at physical or mental tasks?<br />

Are you good at interacting with people or organizing things?<br />

Are you an outgoing “people person” or more introverted?<br />

Are you patient in the long term or eager for fast results?<br />

Do you prefer <strong>to</strong> wear business attire, a uniform or casual dress?<br />

Do you want <strong>to</strong> be outside and on the go, or work inside the same premises each day?<br />

Demands on yourself and family:<br />

What about your physical endurance – can you work long hours on your feet or do you prefer<br />

sedentary work?<br />

What is your preferred work schedule – fixed hours or flexible? Do you want <strong>to</strong> have your<br />

weekends free? Are you a morning or night person?<br />

Is your family supportive of this venture? How will it impact their lives? What are your child care<br />

commitments?<br />

Do you want clear separation of your business interests from your home and personal life?<br />

What about leisure time -- do you want <strong>to</strong> be able <strong>to</strong> attend evening social gatherings or school<br />

events? Take time away for vacations?<br />

Your financial situation:<br />

Do you have the resources <strong>to</strong> buy a franchise and survive the initial start-up phase?<br />

Can you cope with unexpected losses or setbacks?<br />

What is your risk <strong>to</strong>lerance? How much of your assets are you willing <strong>to</strong> put on the line?<br />

What is your credit his<strong>to</strong>ry and can you raise financial backing?<br />

8<br />

<strong>Franchise</strong> Direct USA<br />

335 Lenox Rd, Suite 750<br />

Atlanta; GA; 30326<br />

www.<strong>Franchise</strong>Direct.com ©Copyright 2012 <strong>Franchise</strong> Direct. All Rights Reserved


Finding <strong>Franchise</strong> Opportunities<br />

<strong>Franchise</strong>s exist just about everywhere, and offer many choices. With so many options, it can be hard <strong>to</strong><br />

narrow your options <strong>to</strong> a short list of possibilities. The internet is a good place <strong>to</strong> start your research, as<br />

are print direc<strong>to</strong>ries, tradeshows, business-specific publications, and franchise brokers. Here are a few<br />

resources and direc<strong>to</strong>ries where you can start your initial search:<br />

http://www.franchise.org<br />

This is the official web site of the International <strong>Franchise</strong> Association.<br />

http://www.franchisedirect.com<br />

This direc<strong>to</strong>ry offers detailed descriptions of franchise opportunities in all<br />

types of industries, plus other information resources on franchising.<br />

http://www.franchise-update.com<br />

Here you’ll find several publications about the franchise industry.<br />

http://www.franchisetimes.com<br />

A monthly publication offering articles on different aspects of franchising.<br />

http://www.aafd.org<br />

The American Association of <strong>Franchise</strong>es & Dealers web site is an excellent<br />

source of legal and financial advice about franchising.<br />

After your self-evaluation, you should have some idea of the type business<br />

you want <strong>to</strong> run, i.e. home improvement, food services, advertising,<br />

construction, etc. And you should also know how much you can invest and<br />

how much of your time you can commit. This will help choose the best<br />

possibilities from the many offerings you’ll find in franchise direc<strong>to</strong>ries.<br />

Once you narrow it down <strong>to</strong> a few choices, you should consider:<br />

Is it a genuine business format franchise vs. a product distribu<strong>to</strong>rship?<br />

Does the franchisor belong <strong>to</strong> industry associations such as the IFA<br />

and AAFD?<br />

Has the franchised business been proven in practice?<br />

Is there a strong trademark name or brand?<br />

If it is a new business, is it a fad? How has it been tested?<br />

What is the competition and how do prices of the product and services compare <strong>to</strong> competi<strong>to</strong>rs?<br />

Are the products patented?<br />

Will the source of products be guaranteed in the future?<br />

Does the franchisor disclose financial information upfront?<br />

There are clues that should tip you off as <strong>to</strong> whether a franchise offering should be avoided. Remember,<br />

if it sounds <strong>to</strong>o good <strong>to</strong> be true, then it probably is a misleading presentation. Other signs that signal<br />

questionable businesses are sloppy web sites with obvious grammar and spelling errors. If a web site<br />

seems like all hype, then it probably is just that. And don’t fall for overly aggressive marketing that bullies<br />

the prospective buyer in<strong>to</strong> acting fast without time for careful examination of the business.<br />

9<br />

<strong>Franchise</strong> Direct USA<br />

335 Lenox Rd, Suite 750<br />

Atlanta; GA; 30326<br />

www.<strong>Franchise</strong>Direct.com ©Copyright 2012 <strong>Franchise</strong> Direct. All Rights Reserved


Understanding the FDD<br />

A very important step in the purchasing of a franchise business is the review of the <strong>Franchise</strong> Disclosure<br />

Document (FDD). Once you’ve narrowed your search down <strong>to</strong> a small list of options, request the FDD of<br />

those franchisors <strong>to</strong> gain an even deeper knowledge of their respective operations.<br />

A FDD is a comprehensive document that outlines the his<strong>to</strong>ry of the business, all the franchisees in a<br />

franchise’s system, turnover rates, terminations, fees, rules, restrictions, and numerous other things<br />

pertaining <strong>to</strong> that particular franchise. A FDD is typically hundreds of pages long encompassing 23 Items<br />

with additional Exhibits following the Items. Franchisors are required by the Federal Trade Commission<br />

(FTC) <strong>to</strong> present potential franchisees a FDD at least 14 days before a contract is signed.<br />

It is strongly recommended that prospective franchisees go over the FDD with a franchise at<strong>to</strong>rney.<br />

Though a franchise at<strong>to</strong>rney will go over the whole FDD with you, it’s a good idea <strong>to</strong> review the FDD<br />

ahead of time for yourself so the issues that you personally need more clarification on are already noted.<br />

Below is a listing of the FDD Items.<br />

Item 1: <strong>Franchise</strong> Operation Overview<br />

Item 2: Listing of <strong>Franchise</strong> Principal Executives<br />

Item 3: Recent Legal Action (franchisees against the franchisor and vice versa)<br />

Item 4: Relevant Bankruptcy Filings<br />

Item 5: Initial Investment Costs in paragraph form<br />

Item 6: Ongoing Fees<br />

Item 7: Initial Investment Costs in tabular form<br />

Item 8: Restrictions on the products and services the franchisee can provide in his or her franchised<br />

business and on the premises of the business<br />

Item 9: Listing of Obligations the <strong>Franchise</strong>e Must Adhere To During the Agreement Term<br />

Item 10: Franchisor Provided Financial Assistance<br />

Item 11: Comprehensive Look at What the Franchisor Offers <strong>to</strong> <strong>Franchise</strong>es in Exchange for Fees Paid<br />

Item 12: <strong>Franchise</strong>e’s Terri<strong>to</strong>ry<br />

Item 13: Franchisor Trademarks<br />

Item 14: Copyrights, Patents and Other Proprietary Information of Franchisor<br />

Item 15 <strong>Franchise</strong>e’s Personal Responsibilities in the Operation of the <strong>Franchise</strong>d Business<br />

Item 16: Preferred or Required Vendors<br />

Item 17 Length of the <strong>Franchise</strong> Agreement and Provisions for Renewing,<br />

Transferring or Terminating the <strong>Franchise</strong> Agreement<br />

Item 18 Public Figures for the <strong>Franchise</strong> (i.e. celebrity endorsers)<br />

Item 19: Financial Performance Information (not required if financial<br />

performance hasn’t been discussed prior in FDD)<br />

Item 20: Listing of Current <strong>Franchise</strong>es in System<br />

Item 21: Exhibit Location of the Franchisor’s Audited Financial Statements<br />

Item 22: Listing of the <strong>Franchise</strong> Agreement Contracts<br />

Item 23: Denotes Location for the Receipt for the FDD<br />

10<br />

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<strong>Franchise</strong> Costs<br />

<strong>Franchise</strong>s and independent small businesses for the most part share many of the costs associated with starting<br />

a business. However, franchises do have some special costs associated with them, which are profiled here.<br />

<strong>Franchise</strong> costs are commonly divided in<strong>to</strong> two categories: initial (or upfront) costs and ongoing (or continuing)<br />

costs. Initial costs are the expenses that the franchisee will pay in order <strong>to</strong> begin operation of the franchised<br />

business while ongoing costs are the expenses involved in maintaining operation. Franchisors have various ways<br />

of presenting the costs associated with beginning and maintaining one of their franchised businesses so please<br />

consult the FDD of a specific company for a complete breakdown of costs associated with investing in that<br />

franchise.<br />

Initial Investment Costs<br />

The initial costs of a franchise can range from a few thousand dollars in<strong>to</strong> the millions of dollars depending<br />

on the industry, building requirements, equipment needed, and several other fac<strong>to</strong>rs. The most notable fee<br />

that varies from franchise businesses <strong>to</strong> non-franchise businesses is the franchise fee. This fee stems from<br />

the heart of the franchise model, and helps the franchisor ensure that their business system will be executed<br />

as consistently as possible across all of their units. Some common initial costs in beginning a franchise<br />

business across all industries are:<br />

● <strong>Franchise</strong> Fee<br />

● Training Expenses<br />

● Leasehold Improvements or Real Estate Costs<br />

● Equipment<br />

● Professional Fees<br />

● Advertising/Marketing<br />

● Working Capital<br />

The range of investment between different industries can be large, as can the variation within a single<br />

industry.<br />

11<br />

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Ongoing Costs<br />

After the franchise business is up and running, there are a number of expenses required for the<br />

successful maintenance of the business as well as for being a part of the franchise system. Item 6 of the<br />

FDD is where the ongoing costs are listed. Like the franchise fee, the royalty fee is a main differentia<strong>to</strong>r<br />

between a franchise and a non-franchise business. Typically royalty fees are assessed as a consistent<br />

percentage or flat fee due weekly or monthly, and are predominately assessed for the franchisee <strong>to</strong><br />

continue reaping the benefits that come with being a part of the franchisor’s business system. Common<br />

ongoing franchise fees include the following among others:<br />

● Royalty Payment<br />

● Advertising/Marketing Fund<br />

● Technology Fees<br />

● Insurance<br />

In addition <strong>to</strong> the regular fees, there are fees<br />

associated with the franchise system that aren’t<br />

assessed or collected regularly including:<br />

● Ongoing Training<br />

● Transaction Fees<br />

● Interest<br />

● Audit<br />

● Indemnification<br />

● Renewal Fee<br />

Due <strong>to</strong> the depth and variety of franchise businesses, the given fees illustrated in this booklet are only<br />

the most common and not a complete listing. Additional fees collected by franchisors along with ones<br />

that are specific <strong>to</strong> certain industries such as reservation fees for hotel franchises can be found within<br />

the FDDs franchisors are required <strong>to</strong> make available <strong>to</strong> prospective franchisees. Please note that there<br />

are also ongoing costs not specified in the FDD, but are no less important <strong>to</strong> the continued operation of<br />

the franchise like employee wages.<br />

12<br />

As you have read, most of the costs of<br />

beginning a franchise are similar <strong>to</strong><br />

beginning a non-franchise business with a<br />

few notable differences. Though no<br />

business venture can be a guaranteed<br />

success, the features given in exchange for<br />

the additional costs that come along with<br />

investing in a franchise can help bolster an<br />

entrepreneur’s chances of creating a<br />

successful business.<br />

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Financing Your <strong>Franchise</strong><br />

Items <strong>to</strong> Prepare Beforehand<br />

Gaining the necessary financing for your franchise venture can be an overwhelming task, but preparing<br />

all of your documents in advance can help tremendously in expediting the process. Different institutions<br />

will more than likely have varying forms and documents they want submitted. The following checklist<br />

will help you in gathering all of the paperwork that lenders may require <strong>to</strong> complete your application.<br />

Personal background<br />

This includes educational and work his<strong>to</strong>ry, criminal record, etc.<br />

Business plan<br />

All lending programs require a business plan that includes, among other things, projected<br />

financial statements, balance sheet, cash flow statement, and income statement.<br />

Personal credit report<br />

The lender will access your credit report during the loan application process. Remember <strong>to</strong><br />

request a credit report from each of the three national credit-reporting bureaus before you send<br />

the loan request form so you can review them for accuracy.<br />

Loan information<br />

Specify the amount of money you’re requesting, the type of loan, how the loan will be used, and<br />

the amounts of assets you currently have.<br />

Business financial statements and income tax return statements for the past three years.<br />

Bank statements<br />

Personal and business bank statements for the past 12 months.<br />

Accounts receivable and accounts payable for the past 90 days.<br />

Collateral<br />

Some loan packages do not require collateral. But, if collateral is required, describe what will be<br />

used <strong>to</strong> secure the loan.<br />

Legal documents<br />

Lenders may require additional documents, such as franchise agreements, business<br />

license/registration, commercial lease, articles of incorporation, etc.<br />

Financing Options<br />

There are several options available <strong>to</strong> obtain the amount of money<br />

obligated for the costs of the franchise. Here are the most common<br />

avenues of financing:<br />

Financing directly from the franchisor<br />

Commercial bank loan<br />

Credit union loan<br />

Personal savings/Retirement fund<br />

Angel inves<strong>to</strong>r<br />

Small Business Administration (SBA) loan<br />

Family/friends<br />

Grant(s)<br />

Credit card(s)<br />

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Tips for a Successful Meeting with Lenders<br />

Do:<br />

Know your figures inside out. Have them checked and double checked. Asking the potential<br />

lender for a pencil while working out percentages on the back of a supermarket receipt won’t<br />

showcase you as the thoughtful and organized business person you are.<br />

If possible, bring an accountant or well-versed liaison/representative from the potential<br />

franchisor. You still need <strong>to</strong> know your business plan and financial documents by rote, but they<br />

have years of experience dealing with figures and accounts.<br />

Sell yourself. Include your resume and a small personal his<strong>to</strong>ry about yourself. Explain why<br />

you’re passionate about this business model, your experience and your motivation. Convince<br />

the manager that this is the right franchise for you.<br />

Use the bank’s planning templates and documents. You can download these from their<br />

websites, or pop in<strong>to</strong> your local branch <strong>to</strong> pick some up.<br />

Research what start-up grants and Small Business Administration loans (if any) are available from<br />

the government. How much are they, have you applied for them? If you’re not entitled <strong>to</strong> a<br />

grant, why not?<br />

Prepare a worst-case scenario projection along with the more positive ones. Be honest with<br />

the lender and with yourself. If things turn for the worst you may be liable for a large<br />

repayment.<br />

Don’t:<br />

Forget <strong>to</strong> bring ID, a utility bill and three months of personal bank statements if you need <strong>to</strong><br />

open an account.<br />

Ask for the entire amount required <strong>to</strong> start your business. The Wall-Street Journal reports that<br />

entrepreneurs generally invest 20% of their own money in<strong>to</strong> the franchise.<br />

Be late, impolite, impatient, dirty or disorganized. No-one wants <strong>to</strong> deal with unorganized<br />

people. These are an instant turn-off. Act like you would on a first date (avoid playing footsie<br />

however…)<br />

Leave without arranging another meeting with either the manager or someone else in the<br />

bank. Hearing “I’ll be in <strong>to</strong>uch” can often be the last words you hear before possibly receiving an<br />

impersonal rejection letter weeks later. Convince the manager that this is a great idea, and if he<br />

has any misgivings that you are prepared <strong>to</strong><br />

work through them <strong>to</strong> produce a solid<br />

business model.<br />

Give Up. It is far more difficult <strong>to</strong> get a penny<br />

out of the banks for start-ups at the moment,<br />

so don’t lose faith if you don’t receive<br />

funding straight away. If you are rejected,<br />

arrange a meeting <strong>to</strong> discuss where the<br />

pitfalls were. Go back <strong>to</strong> the drawing board<br />

and revisit your research.<br />

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Learning from Other <strong>Franchise</strong>es<br />

In researching franchise opportunities prospective franchisees are presented with a wonderful resource<br />

when they receive the FDD from a franchisor – the contact information of franchisees already in the<br />

franchise system. The ability <strong>to</strong> contact some who have already “been there and done that” is an<br />

unmatched opportunity <strong>to</strong> figure out if you want <strong>to</strong> proceed with investing in that respective franchise<br />

system. Here are some questions that you can ask current franchisees <strong>to</strong> gain a clearer understanding of<br />

what <strong>to</strong> expect:<br />

How long have you been in business?<br />

How long did it take <strong>to</strong> break even?<br />

Is your franchise profitable now?<br />

Has running the franchise been close <strong>to</strong> how the franchisor said it would be?<br />

Are you pleased with the ongoing support you get?<br />

Was the training adequate?<br />

How would you rate the manuals and systems?<br />

How responsive is the franchisor when you have questions or suggestions?<br />

How often do you have contact with other franchisees in the system?<br />

What is the most negative thing you can say about your experience thus far?<br />

If you had the opportunity <strong>to</strong> go back, would you have made the same decision?<br />

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Signing the <strong>Franchise</strong> Agreement<br />

You and your lawyer have examined the FDD. You’ve done your research about the franchise, and the<br />

numbers add up. You’ve spoken with other franchisees in the business, and like what you’ve heard. You<br />

feel ready <strong>to</strong> sign the <strong>Franchise</strong> Agreement.<br />

The <strong>Franchise</strong> Agreement is a legally binding contract that stipulates in exacting detail the responsibilities<br />

and expectations for the franchisor and franchisee.<br />

Keep in mind that <strong>Franchise</strong> Agreements are written <strong>to</strong> be generally more advantageous <strong>to</strong>ward the<br />

franchisor. Once signed, you are legally obligated <strong>to</strong> uphold all the provisions of the Agreement, so it is<br />

absolutely essential that your lawyer review this contract and have everything explained <strong>to</strong> you in plain<br />

English.<br />

Before signing, compare the <strong>Franchise</strong> Agreement <strong>to</strong> the FDD <strong>to</strong> make sure the franchise offering as<br />

outlined in the FDD matches what is stipulated in the Agreement. If any verbal promises were made <strong>to</strong><br />

you, be certain these are written in<strong>to</strong> the Agreement. Once signed, the <strong>Franchise</strong> Agreement governs<br />

your relationship with the franchisor, and any disagreements or misunderstandings will be subject <strong>to</strong> the<br />

terms in the Agreement.<br />

Because it is a legally binding contract, there are certain critical elements typically found in all business<br />

contracts and some that are unique <strong>to</strong> franchises. You and your lawyer should carefully scrutinize every<br />

aspect of the Agreement <strong>to</strong> be sure you understand all the implications.<br />

Some Negotiation Tips<br />

Many franchisors have rigid <strong>Franchise</strong> Agreements that all their franchisees must sign and adhere <strong>to</strong>.<br />

However, some franchisors may be more flexible about negotiating the terms in the Agreement. But, be<br />

careful – since franchises are all about proven systems and consistency, a franchisor that seems <strong>to</strong>o eager<br />

<strong>to</strong> bend the rules may be a sign that the business is in a measure of trouble.<br />

Items that typically offer room for haggling include:<br />

Terri<strong>to</strong>ry rules about exclusivity, future expansion or changes in size<br />

Grand opening support and resources provided <strong>to</strong> you<br />

The training provided <strong>to</strong> you and possibly your staff<br />

Rules about transferring the franchise <strong>to</strong> other franchisees<br />

Fee schedules and payments<br />

“Default cure” which governs how much time you have <strong>to</strong> correct a problem that keeps your<br />

franchise from operating properly before you are in default of the contract<br />

The start-up date when you are expected <strong>to</strong> launch the business<br />

How the price will be calculated for the franchisor <strong>to</strong> buy your business once you’ve reached the<br />

termination date<br />

Your liability limits regarding franchise performance<br />

Your lawyer and your accountant are the most familiar with your individual situation, so seek their advice<br />

about which <strong>Franchise</strong> Agreement terms you should attempt <strong>to</strong> alter <strong>to</strong> make more favorable for you.<br />

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Minorities and <strong>Franchising</strong><br />

According <strong>to</strong> the 2010 Census, minority groups made up 49% of the U.S. population. On <strong>to</strong>p of this, they<br />

make up nearly 20% of the franchise industry. The overall percentage of minority groups in the U.S.<br />

population is growing rapidly, which includes the Asian, Hispanic, African-American, Pacific Islands, and<br />

African-Indian groups. Research has shown that minorities have made up 80% of US population growth<br />

in recent years.<br />

<strong>Franchising</strong> opens up new opportunities for minority groups <strong>to</strong> learn new skills, grow and expand their<br />

businesses, or acquire a new business and in recent years, the IFA and other associations have set up<br />

programs, <strong>to</strong> increase the number of minority owned franchise firms. The MinorityFran program and the<br />

National Minority <strong>Franchising</strong> Initiative (NMFI) are two such projects that aim <strong>to</strong> expand the <strong>to</strong>tal of<br />

number of minority franchisors, franchisees, and firms involved in the franchising industry. Both<br />

programs host minority recruitment conventions that give prospective franchisees the opportunity <strong>to</strong><br />

participate and meet with franchisors, companies, and experts paving the way for minorities <strong>to</strong> enter the<br />

franchising industry.<br />

With increasing numbers of franchise companies becoming active in the recruitment of minority<br />

franchisees, their commitment <strong>to</strong> diversity and multiculturalism in the industry, can help minorities<br />

achieve their dreams of franchise ownership.<br />

In turn, increasing the number of minorities involved in the franchising industry will help reflect the<br />

diverse nature of the U.S. population. These rapidly growing American cultures will have a significant<br />

influence on the development of the U.S. franchising industry in the future.<br />

MinorityFran Program<br />

In 2006, the IFA launched a new initiative MinorityFran, which was established <strong>to</strong> increase the number of<br />

minority franchisees, franchisors, and suppliers within the franchising industry. The IFA’s Minorities in<br />

<strong>Franchising</strong> (MIF) committee helps create awareness in franchising, and encourages minority groups <strong>to</strong><br />

enter in<strong>to</strong> franchising. Participant companies in the initiative receive the information and contacts <strong>to</strong><br />

help them recruit minorities in<strong>to</strong> the franchising system.<br />

National Minority <strong>Franchising</strong> Initiative<br />

The NMFI was established in 1999, <strong>to</strong> address the under-representation of<br />

minority groups in the franchising industry in the U.S. The program<br />

provides information on more than 450 companies involved in increasing<br />

the number and success of minorities in franchising. Its publication, The<br />

Minority <strong>Franchise</strong> <strong>Guide</strong>, serves as a resource for both minorities and<br />

franchisors interested in recruiting minorities.<br />

The organization’s network of organizations, companies, and associations,<br />

dedicated <strong>to</strong> minority groups in franchising, combined with its broad range<br />

of resources, from books and publications, consulting and advisory<br />

services, and its informative online websites, makes NMFI one of the <strong>to</strong>p<br />

providers of information <strong>to</strong> minority groups in the franchising industry.<br />

17<br />

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Women and <strong>Franchising</strong><br />

Women and <strong>Franchising</strong>: Top <strong>Franchise</strong> Characteristics<br />

According <strong>to</strong> Iain Murphy in his book (The <strong>Franchising</strong> Handbook: The<br />

Complete <strong>Guide</strong> <strong>to</strong> Choosing a <strong>Franchise</strong>), women are in some ways better<br />

suited <strong>to</strong> franchising and make a more attractive group as potential<br />

franchisees.<br />

Here are a number of interesting characteristics that make women in<br />

franchising a successful target group for franchisors:<br />

Women are good at organizing, at coordinating activities and<br />

people efficiently. This means women franchisees will be naturally<br />

inclined <strong>to</strong> organize and coordinate their franchise opportunity<br />

more productively and profitably.<br />

Women are good at prioritizing, at deciding which activities are<br />

more important than others. This particular skill works well in the<br />

franchising industry, when problems arise concerning planning,<br />

staffing, financing and people management.<br />

Women enjoy working <strong>to</strong>wards a common goal. Women<br />

operating a franchise will work <strong>to</strong> make that franchise a success,<br />

for all franchisees involved under the one franchise operation.<br />

Women are good at networking, ensuring effective<br />

communications are created between franchisee and franchisor,<br />

and franchisee and all other internal and external bodies.<br />

<strong>Franchising</strong> can offer women who are ambitious the opportunity<br />

<strong>to</strong> go in<strong>to</strong> business and <strong>to</strong> be potentially successful and profitable<br />

on a personal and professional level.<br />

Advantages for women running their own franchise<br />

In franchising you get <strong>to</strong> be your own boss, and take control of<br />

your own life. Women franchisees are more successful because<br />

they enjoy the work/life balance franchising can offer, making it<br />

more appealing <strong>to</strong> be their own boss.<br />

With 20% of small businesses failing in the first year of business,<br />

the concept of franchising offers assurance for women, interested<br />

in minimizing business start-up risks. The tried and tested formula<br />

helps reduce the risks by providing training, help and support.<br />

After a career break or pregnancy, women can often feel a lack of<br />

confidence in returning <strong>to</strong> the workplace. <strong>Franchising</strong> gives<br />

women the opportunity <strong>to</strong> rebuild their skills and knowledge in a<br />

supportive and successful environment.<br />

<strong>Franchising</strong> offers a tremendous opportunity for ambitious women <strong>to</strong><br />

start their own business. Women and franchising can make a very<br />

successful combination.<br />

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18


Veterans and <strong>Franchising</strong><br />

In an interview with <strong>Franchise</strong> Direct, Drew Myers, the head of Recruit Military, spoke about how he<br />

believes military veterans are ideally suited <strong>to</strong> franchise opportunities because of the skills they have<br />

developed during their military career. They are also well disciplined and willing <strong>to</strong> persevere <strong>to</strong> achieve<br />

their goals. These are key personality traits that franchisors look for in potential franchisees. Many<br />

franchisors have recognized this, and actively seek out veterans <strong>to</strong> recruit as new franchisees. This<br />

practice is made even more prominent by the growing number of franchises offering tailor-made veteran<br />

franchise packages.<br />

The suitability of their background, combined with funding support available, makes franchising an<br />

attractive consideration for veterans who might be interested in starting their own business. The IFA<br />

established a program by the name of VetFran <strong>to</strong> meet the growing needs of military veterans in the U.S.<br />

The program brings <strong>to</strong>gether hundreds of franchises dedicated <strong>to</strong>wards the promotion of franchising as a<br />

viable business opportunity for veterans. Typically, although it is not a requirement, franchises offer a<br />

discounted franchise fee. Some franchises even waive the franchise fee in some circumstances.<br />

In addition, the Small Business Administration offers the Small Business Association’s Patriot Express<br />

program. The program accepts applicants from military veterans for business loans <strong>to</strong> kick start their<br />

career following transition. The program is not strictly confined <strong>to</strong> franchise opportunities. Loans are<br />

available up <strong>to</strong> $500,000 for business startup, expansion, purchase of equipment, working capital,<br />

inven<strong>to</strong>ry or business-occupied real-estate purchases.<br />

Retirees and <strong>Franchising</strong><br />

Today’s 50+ population is reluctant <strong>to</strong> be “put out <strong>to</strong> pasture.” Instead many people in their 50s and<br />

beyond dream of owning a business when they leave the traditional workforce. And there is no reason<br />

that older people driven by the entrepreneurial spirit cannot achieve their dream. For example, Colonel<br />

Harland Sanders was 62 when he sold the first Kentucky Fried Chicken franchise in 1952. Twelve years<br />

later, KFC was a popular fast food restaurant with locations throughout the U.S.<br />

Consider these statistics gathered from a study by the American Association of Retired People:<br />

The percentage rate of self-employed people rises with age.<br />

Those who are middle-aged and older make up a large share of all self-employed people,<br />

with those over 50 accounting for 40 percent of the self-employed.<br />

Approximately one in three of older self-employed individuals made the transition from<br />

employee <strong>to</strong> business owner after the age of 50.<br />

People older than 55 are the fastest growing group of self-employed workers.<br />

<strong>Franchise</strong> companies are recognizing that older, experienced workers retiring from regular jobs are good<br />

candidates for franchise ownership. They have confidence from the wisdom gained over the years in the<br />

workforce. They know how <strong>to</strong> plan ahead and reliably persevere <strong>to</strong> reach goals. And their experience<br />

has refined and sharpened their interpersonal skills.<br />

But before rushing in<strong>to</strong> franchise ownership, retirees must carefully consider just what it is they want do<br />

in this next phase of their lives. Quality of life should be the first priority, so that fac<strong>to</strong>rs such as time<br />

commitment and physical endurance must be carefully weighed. The financial aspect is another major<br />

influence – as one approaches retirement age, it is unwise <strong>to</strong> “bet the farm” on any investment. Retirees<br />

are better off looking for franchises with lower up-front costs and minimal ongoing overhead.<br />

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Home-based <strong>Franchise</strong>s<br />

In recent years, home-based franchising has become more popular as a range of companies have<br />

discovered that working from home can be just as effective as having an established office elsewhere.<br />

Franchisors in several sec<strong>to</strong>rs such as consulting, children's services, financial services, computer training<br />

and repair, cleaning, pet care, pho<strong>to</strong>graphy and travel, are now actively offering potential franchisees<br />

opportunities <strong>to</strong> have their headquarters where they live.<br />

Potential home-based franchisees must check with their local authority <strong>to</strong> see if there are any rules<br />

restricting the commercial use of a property and then decide if it is still worth working from home. Some<br />

<strong>to</strong>wns do not allow businesses <strong>to</strong> be run from home, or have restrictions on it. For instance, cus<strong>to</strong>mer<br />

parking could cause a problem should special permits be required for spaces used commercially.<br />

If approved, this arrangement can save costs for both franchiser and franchisee, although specialist<br />

training will be needed <strong>to</strong> ensure that franchisees will be ready and able <strong>to</strong> run a successful franchise<br />

from home, as they will have <strong>to</strong> adapt <strong>to</strong> a unique working style.<br />

It is important that franchisees working from home have in place the right equipment. To make sure<br />

things are run efficiently, a desk, stationery, posting equipment, notebooks and other items should be in<br />

a set place.<br />

Establishing distinct boundaries between the office and living space will help <strong>to</strong> make the franchise more<br />

professional.<br />

It is advisable <strong>to</strong> have a separate business phone line <strong>to</strong> keep work and home life apart and if using a<br />

computer, it should operate at a fast speed so that more work can be done during a day. The same<br />

applies for an internet connection and email software.<br />

<strong>Franchise</strong>es at home must have their office or workspace in an area away from potential distractions<br />

such as roommates, children, pets and television.<br />

Having a schedule and sticking <strong>to</strong> it as closely as possible will also help, including regulated breaks,<br />

although franchisees should not fall in<strong>to</strong> the trap of working <strong>to</strong>o long because they do not have <strong>to</strong> travel<br />

<strong>to</strong> work, which can be counterproductive and have a negative impact on the business, as well as family<br />

and friends.<br />

Those who are self-motivated and can work <strong>to</strong> these<br />

conditions should do well as long as the franchise they choose<br />

is right for them and gives them sufficient training and<br />

support. However, it can be lonely at times so franchisees<br />

wanting <strong>to</strong> work at home are advised <strong>to</strong> develop a network<br />

with the company's other home working franchisees and<br />

business owners in their area. These groups can provide each<br />

other with useful ideas and vital support.<br />

<strong>Franchise</strong> Direct USA<br />

335 Lenox Rd, Suite 750<br />

Atlanta; GA; 30326<br />

www.<strong>Franchise</strong>Direct.com ©Copyright 2012 <strong>Franchise</strong> Direct. All Rights Reserved<br />

20


Part-time <strong>Franchising</strong><br />

Starting a part-time franchise is a great<br />

opportunity that can lead <strong>to</strong> the growth and<br />

development of a successful business. Parttime<br />

franchising is defined as any franchise in<br />

which the franchisee works on average<br />

between twelve and twenty hours a week.<br />

This work arrangement can be the ideal job<br />

for an entrepreneur who is looking <strong>to</strong> start a<br />

franchise and keep their work-life balance.<br />

Work-life balance attractions include family<br />

responsibilities and recreational and leisure<br />

activities. An individual’s civic responsibilities<br />

can also increase the need for reduced or<br />

more flexible working hours. These<br />

obligations can include volunteer work,<br />

community work such as local school<br />

positions and environmental protection jobs,<br />

or serving on a legal jury.<br />

<strong>Franchise</strong>es that are looking <strong>to</strong> work at their<br />

own pace, control their own schedule, or<br />

earn a supplemental income are frequently<br />

opting for the part-time franchise option.<br />

Part-time franchises are also good for<br />

workers who are transitioning from a<br />

corporate job who don’t want <strong>to</strong> leap<br />

directly in<strong>to</strong> franchise ownership, but want<br />

<strong>to</strong> phase in<strong>to</strong> their franchise lifestyle over a<br />

period of time.<br />

The motivation for starting part-time<br />

franchises can differ for males and females.<br />

Research shows that combining work with<br />

education or leisure time is the main goal for<br />

male franchisees. Female franchisees prefer<br />

part-time franchising as it helps balance<br />

work and family. In this way, part-time<br />

franchising is an attractive option for women<br />

returning from maternity leave, people with<br />

young families, or stay-at-home parents.<br />

With an increased focus on family-friendly<br />

work and the work-life balance, part-time<br />

franchising is a viable option for entrepreneurs and/or first time franchisees.<br />

21<br />

<strong>Franchise</strong> Direct USA<br />

335 Lenox Rd, Suite 750<br />

Atlanta; GA; 30326<br />

www.<strong>Franchise</strong>Direct.com ©Copyright 2012 <strong>Franchise</strong> Direct. All Rights Reserved


Alternative Modes of <strong>Franchising</strong><br />

In most cases, entrepreneurs arriving fresh <strong>to</strong> franchising would invest in a new, single unit franchise. In<br />

this type of franchise, the franchisee is only responsible for running one unit where they are involved<br />

with all of the daily operations of the business. However, there are other ways <strong>to</strong> enter the franchising<br />

world.<br />

Multi-Unit Ownership<br />

Multi-unit ownership is where the franchisor grants a franchisee the right <strong>to</strong> operate more than one<br />

outlet within a defined location. With this right comes the potential for serious money making as well as<br />

increased responsibilities in operating your businesses.<br />

Franchisors have high standards in regard <strong>to</strong> granting multi-unit rights. You must have a proven track<br />

record of successfully managing a business, with the ability <strong>to</strong> motivate your staff and continually seek<br />

performance improvement. If you already own a franchise, expect the possibility of having <strong>to</strong> make a<br />

convincing argument in support of your application <strong>to</strong> own multiple units. Exhaustive research about<br />

your market and competition for each unit must be done, along with a strict accounting of your own<br />

personal and professional finances. However, some franchisors do offer a discounted rate on the startup<br />

costs involved in the case of franchisees opening multiple units.<br />

Resale <strong>Franchise</strong>s<br />

You may have opportunities <strong>to</strong> buy existing franchises from either a franchisee or the franchisor. Often<br />

you can get a discount on these sales, and since it is an existing business, you can examine all the records<br />

for sales, costs, and profit margins <strong>to</strong> make an informed decision. A franchise unit that has changed<br />

hands repeatedly probably has problems, and you should take extreme care in reviewing its his<strong>to</strong>ry for<br />

several preceding years.<br />

Master <strong>Franchise</strong>e Licenses<br />

Another means of expansion in franchising is <strong>to</strong> acquire a Master <strong>Franchise</strong> license. This puts you in<br />

charge of other franchisees within an established terri<strong>to</strong>ry, which could be as small as a county or as<br />

large as a country.<br />

A Master License requires a significant investment, but offers tremendous rewards in return. With the<br />

Master License, you have the power <strong>to</strong> appoint and train new franchisees, and the right <strong>to</strong> collect a<br />

portion of the fees these franchisees pay <strong>to</strong> the franchisor.<br />

As with buying an individual franchise, you will need <strong>to</strong> do extensive market research before making an<br />

investment in a Master License. And just as with the <strong>Franchise</strong> Agreement, you must carefully scrutinize<br />

all the terms so that you fully understand your obligations and rights as a Master Licensee. Be sure the<br />

terri<strong>to</strong>ry is carefully defined. Consult an at<strong>to</strong>rney experienced with licensing contracts. Expect some of<br />

the franchise units <strong>to</strong> flounder, and be prepared <strong>to</strong> step in <strong>to</strong> help run the operation.<br />

22<br />

<strong>Franchise</strong> Direct USA<br />

335 Lenox Rd, Suite 750<br />

Atlanta; GA; 30326<br />

www.<strong>Franchise</strong>Direct.com ©Copyright 2012 <strong>Franchise</strong> Direct. All Rights Reserved


Area Developer Rights<br />

In addition <strong>to</strong> Master Licenses, one can also purchase the right <strong>to</strong> be an Area Developer. In this case, the<br />

franchisor enters in<strong>to</strong> an agreement with an area developer <strong>to</strong> sell a specified number of franchises in<br />

the area within a specified time. Area Developer agreements are not common in the U.S., but tend <strong>to</strong> be<br />

used more for international expansion.<br />

Final Advice<br />

Here are five main points <strong>to</strong> remember when making your decision on which franchise system <strong>to</strong> invest<br />

in:<br />

1. Find an outlet for what you’re passionate about. Virtually all of the franchisees we speak with<br />

mention how much they love the area they are working in.<br />

2. Scout your area and match what you want <strong>to</strong> do with a need in your community. This will<br />

increase the likelihood of your franchised business being a success. Also, you will be able <strong>to</strong> take<br />

advantage of local contacts you’ve garnered over the years.<br />

3. Finding financing in this economic climate can be difficult. Many traditional avenues of funding<br />

are either closed or very rough <strong>to</strong> navigate. As you look at franchise options, honestly audit<br />

yourself <strong>to</strong> determine how much you can afford.<br />

4. Visit other franchisees. During the research process of learning about any franchise you have the<br />

opportunity <strong>to</strong> speak <strong>to</strong> existing franchisees <strong>to</strong> gain an even clearer idea of what <strong>to</strong> expect. Their<br />

names and locations will be provided when you request the FDD of a franchisor. Take advantage<br />

of this opportunity <strong>to</strong> learn what happens when you open a franchise, in practical terms, from<br />

someone who has been there before.<br />

5. Make sure you really want <strong>to</strong> be a part of the franchise system. <strong>Franchising</strong> is for people who<br />

want <strong>to</strong> own a business, but don’t want <strong>to</strong> do it alone. If you are an entrepreneur that values<br />

independence in making decisions, you will probably find franchising <strong>to</strong>o confining.<br />

<strong>Franchising</strong> is a time-tested way for everyday people just like you who have made the decision <strong>to</strong> run<br />

their own business. When you’re ready <strong>to</strong> begin your journey <strong>to</strong> franchise ownership, browse through<br />

our listings on <strong>Franchise</strong>Direct.com and find a franchisor that suits you most.<br />

23<br />

<strong>Franchise</strong> Direct USA<br />

335 Lenox Rd, Suite 750<br />

Atlanta; GA; 30326<br />

www.<strong>Franchise</strong>Direct.com ©Copyright 2012 <strong>Franchise</strong> Direct. All Rights Reserved


Common <strong>Franchise</strong> Terms<br />

Advertising levy<br />

The advertising levy covers the franchise system’s advertising and promotional activities.<br />

Agreement<br />

The franchise agreement is a legal written document that governs the relationship between the<br />

franchisor and franchisee. It specifies the terms of the franchise contract such as rights and<br />

responsibilities of the parties, fees and payments, terri<strong>to</strong>ry and duration of agreement.<br />

Approved Site<br />

The approved site is the location that the franchisor chooses, for the franchisee’s set-up, which meets<br />

the criteria of the franchise unit.<br />

Area <strong>Franchise</strong>e<br />

An area franchisee purchases the right <strong>to</strong> open and operate a specified number of franchise locations, in<br />

a defined geographical area, during a defined period.<br />

Business Plan<br />

A business plan is a document prepared by a franchisee, which summarizes its operational and financial<br />

goals and objectives for the franchise, and contains detailed plans and budgets showing how these<br />

objectives are <strong>to</strong> be achieved.<br />

Capital<br />

Capital is the wealth required by a franchisee. Human capital consists of the franchisees experience,<br />

leadership, and knowledge he/she will bring <strong>to</strong> the franchise.<br />

Collateral<br />

Collateral is a form of security that the borrower may offer the lender <strong>to</strong> guarantee a loan or other<br />

credit. Collateral can be resources, belongings, or something of wealth and value <strong>to</strong> the borrower.<br />

Copyright<br />

Copyright is the exclusive right of a person <strong>to</strong> use, and <strong>to</strong> license others <strong>to</strong> use, works of art, music, or<br />

literature, and <strong>to</strong> protect these works from the unauthorized use. This statu<strong>to</strong>ry right prevents others<br />

from copying or exploiting a person’s work without permission.<br />

Earnings Claims<br />

Earning claims are the actual or forecasted franchise sales, profits, or earnings stated by the franchisors.<br />

It is described in Item 19 of the UFOC as the financial performance disclosure.<br />

Equity<br />

Equity is the <strong>to</strong>tal value or worth of an asset. It is an individual’s or company’s shares and ownership<br />

rights of an asset, and does not represent an obligation <strong>to</strong> pay in the future.<br />

Feasibility Study<br />

A company that is thinking about becoming a franchisor carries out a feasibility study.<br />

24<br />

<strong>Franchise</strong> Direct USA<br />

335 Lenox Rd, Suite 750<br />

Atlanta; GA; 30326<br />

www.<strong>Franchise</strong>Direct.com ©Copyright 2012 <strong>Franchise</strong> Direct. All Rights Reserved


Federal Trade Commission<br />

The Federal Trade Commission is an independent agency of the United States government, whose<br />

purpose is <strong>to</strong> promote antitrust and consumer protection laws, and <strong>to</strong> eliminate and prevent<br />

anticompetitive business practices in the franchise industry.<br />

<strong>Franchise</strong><br />

A franchise is an agreement in which a firm (franchisor) enters in<strong>to</strong> a contract with other businesses<br />

(franchisees) granting them the authorization <strong>to</strong> operate in the distribution of goods and services, under<br />

the franchisor's trade name and guidance, in exchange for a fee.<br />

<strong>Franchise</strong> At<strong>to</strong>rney<br />

A lawyer who specializes in franchising law is known as a franchising at<strong>to</strong>rney.<br />

<strong>Franchise</strong> Consultant<br />

A franchise consultant is a business guide with expertise in the franchising industry. They give advice on<br />

<strong>to</strong>pics such as franchising operations, companies, and relationships.<br />

<strong>Franchise</strong> Disclosure Document (FDD)<br />

The FDD is a regula<strong>to</strong>ry document produced by the franchisor <strong>to</strong> the prospective franchisee, containing<br />

the franchise agreement, the disclosure statement, financial statements, and other agreements the<br />

franchisee will be required <strong>to</strong> sign.<br />

<strong>Franchise</strong> System<br />

A franchise system refers <strong>to</strong> the different franchises operating in the USA.<br />

<strong>Franchise</strong> Unit<br />

A franchise unit refers <strong>to</strong> each individual outlet, whether company owned or franchised.<br />

Franchisor<br />

A franchisor is an individual, partnership, or corporation who grants an inves<strong>to</strong>r (the franchisee), the<br />

right <strong>to</strong> conduct business under their trade name, using their operational methods and organizational<br />

systems.<br />

<strong>Franchise</strong>e<br />

A franchisee is an individual, partnership, or corporation who purchases the right from the franchisor <strong>to</strong><br />

conduct business under their trade name.<br />

Initial Investment<br />

The <strong>to</strong>tal investment is the capital required <strong>to</strong> start the franchised business.<br />

Initial <strong>Franchise</strong> Fee<br />

The initial fee is a once off lump sum, paid by the franchisee <strong>to</strong> the franchisor, upon signing the franchise<br />

agreement.<br />

International <strong>Franchise</strong> Association (IFA)<br />

The International <strong>Franchise</strong> Association (IFA) is a non-profit trade association of franchisors, franchisees,<br />

and suppliers. Founded in 1960, the IFA’s office is based in Washing<strong>to</strong>n, D.C.<br />

25<br />

<strong>Franchise</strong> Direct USA<br />

335 Lenox Rd, Suite 750<br />

Atlanta; GA; 30326<br />

www.<strong>Franchise</strong>Direct.com ©Copyright 2012 <strong>Franchise</strong> Direct. All Rights Reserved


Licensing<br />

Licensing is the legal act of one party granting rights <strong>to</strong> another party <strong>to</strong> a legally protected property in<br />

exchange for a fee or royalty.<br />

Master <strong>Franchise</strong>e<br />

A Master franchisee is the individual who negotiates the franchise rights for a defined terri<strong>to</strong>ry (usually a<br />

country), and assumes the rights and obligations of the franchisor in that particular terri<strong>to</strong>ry.<br />

Marketing<br />

Marketing is the process or technique of planning, pricing, promoting, selling and distributing products<br />

and services <strong>to</strong> create exchanges that satisfy both the cus<strong>to</strong>mer and the organization.<br />

Multi-unit franchisee<br />

A multi-unit franchisee is one that owns and operates more than one unit of the franchise, but does not<br />

have the rights <strong>to</strong> a defined terri<strong>to</strong>ry.<br />

Operations Manual<br />

The manual contains instructions advising a franchisee how <strong>to</strong> operate the franchise.<br />

Pro Forma<br />

The Pro Forma document is a description of financial statements which rely on his<strong>to</strong>rical data <strong>to</strong> assume<br />

levels of revenue, expenditure, assets, liabilities, and net worth.<br />

Royalty Fee<br />

Also referred <strong>to</strong> as the “management service fee”, these fees are the continuous payments the<br />

franchisee gives the franchisor <strong>to</strong> stay part of the franchise system.<br />

Supplier<br />

A supplier is the authorized individual or company who has been approved by the franchisor, <strong>to</strong> supply<br />

products or services <strong>to</strong> the franchisee.<br />

Terri<strong>to</strong>ry<br />

Terri<strong>to</strong>ry is defined as a specific area in which the franchisee has the exclusive right <strong>to</strong> conduct business,<br />

without the threat of competition from fellow franchisees.<br />

Trademark<br />

A franchise trademark is a form of identification such as a brand name or logo, which is associated with<br />

the franchise.<br />

<strong>Franchise</strong> Direct USA<br />

335 Lenox Rd, Suite 750<br />

Atlanta; GA; 30326<br />

www.<strong>Franchise</strong>Direct.com ©Copyright 2012 <strong>Franchise</strong> Direct. All Rights Reserved

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