Author: Ethan Theo

Abe WalkingBear Sanchez is an International Speaker / Trainer / Consultant on the subject of cash flow / sales enhancement and business knowledge organization and use. Founder and President of www.armg-usa.com, WalkingBear has authored hundreds of business articles, has worked with numerous companies in a wide range of industries since 1982 and has spoken at many venues including the Shakespeare Globe Theater in London.

Franchise

6 Key Clauses Obligatory in a Franchise Agreement

Post author By Ethan Theo
Post date February 4, 2008

In the early days of franchising, the relationship between franchisors and franchisees was a lot less complicated and less sophisticated, and the franchise agreement was a lot less vague than it is now. Today many franchisors limit what they offer to franchisees within the franchise agreement. The reason for this lack of specific clauses is because franchisors fear franchisees will demand more from their franchise agreement if more clauses are added in the agreement at the begining of negotiations.
So what does this mean for potential franchisees and what general clauses should they expect to be positioned within the franchise agreement?
1. Training
It is essential in franchising, that franchisors must provide training for new franchisees in how to operate the franchised business. This obligation to train must continue beyond initial training, so that franchisors are obliged to provide continuing and further support to franchisees during the continuation of the franchise agreement. This must be stated in the franchise agreement from the beginning…
2. Protection
Franchisees pay franchisors for the right to use the franchisor’s intellectual property such as the trade name, trade marks, know-how, copyright, business system and so on. A balance has to be struck between what is necessary, desirable or practicable for the interests of the franchisor, the franchisee and the franchised network as a whole.
Franchise agreements should contain provisions relating to branding/trademarks and its portection (for example, taking court proceedings against infringers of franchisor’s intellectual property) so that prospective franchisees can make a decision, as to whether such provisions are acceptable to them or not.
3. Support
Crucial to any successful franchised operation is the level of support a franchisor gives to its franchisees in its operation of its franchised business. This after all is one of the things franchisees pay for.
Therefore there should be a positive obligation on the part of the franchisor to provide such support as a franchisee may require from start to finish. The level of support however, will vary from one franchisor to another. The best advice here is to state clearly what support is offered by the franchisor, and if there is a possibility of continual support.
4. Improvements
One of the fundamentals to any franchisor/franchisee relationship agreement is the on-going improvement of services, products and the business system itself which is implemented from the start of the franchise agreement.
One of the principal obligations of franchisees is to sell goods or services which are the subject of the franchise, not to develop them. It is up to the franchisor to think of improvements for the business and to implement these changes with the help and assistance of the franchisee. At the beginning of the franchise business, improvements to the business system must come from the franchisor.
5. Quality Control
Different franchisors have different methods of ensuring that quality is maintained throughout their franchised network. Before franchisors can do this they must be sure of the quality of their own system, products, services, staffing and so on. This is best achieved by demonstration, and these days very few if any franchisees will buy a franchise without having first proven the business system works effectively.
Having established a high quality business system, the franchisor must also state in the franchise agreement, that all franchisees must meet the standards of quality put in place. This ensures that high standards of quality are met and the business system can run more smoothly.
6. Advertising marketing and promotions
This is the last obligation, and one in which not everyone will agree to. Some feel that the obligation to provide advertising marketing and promotions of the franchise, at least at the national level, should be that of the franchisor.
Much depends on the nature of the business. In some cases franchisors are content to leave it to the franchisees and feel that their franchised business would benefit little, by any form of national advertising.
Other franchise systems are increasingly reliant on national advertising and marketing campaigns, and promote such campaigns in a consistent way that involves the entire franchise network.
In essence, PR and Marketing is generally regarded as a beneficial campaign for the effective promotion of the business system, and most franchisors will obligingly manage campaigns on behalf of the franchisees.
In other cases, the franchisor may enable localized campaigns to be conducted and managed by the franchisees themselves. Once again, this obligation on the part of the franchisor will be mentioned within the franchise agreement.

There are many more “obligations” by which a franchisor should help a franchisee operate a franchise system successfully. It is up to the franchisee to study carefully the clauses within the franchise agreement to understand fully the consequences involved within running a franchise business before signing on the dotted line…
If you have any more obligations a potential franchisee should be made aware of it, please feel free to leave a comment.

Aine Meade is a Website Editor for Franchise Direct, a leading Internet franchise advertising portal. Aine creates high quality franchise information for its international websites in the U.S., and Europe. Aine has a BA (First) in English and History; MA in Literature & Publishing; Diploma in Media Journalism and a Diploma in Marketing.

Tags Franchise, franchise agreement, franchise opportunities, franchisee, franchisor

Communication Skills

Do You Follow Marked Trails or Bushwhack Through the Bush?

Post author By Ethan Theo
Post date January 29, 2008
1 Comment on Do You Follow Marked Trails or Bushwhack Through the Bush?

If you’ve ever dreamed of owning your own business, you’re not alone. The desire for the autonomy and financial security that being your own boss can provide has never been more prevalent than it is today. There are many reasons for this but a main one would have to be that as big business gets bigger, the value of the individual employee is diminished and people are fed up with being disposable. Owning a business is a great way for a woman to take charge of her future.
One way to become a business owner is through franchising and the franchise industry is at an all-time high. There are more franchised businesses than you can possibly imagine. A recent survey found almost 500 concepts in fast food alone, a category that represents only 20% of U.S. franchises. The IFA Educational Foundation’s Economic Impact of Franchised Businesses study indicates there were three quarters of a million franchised businesses in 2001.*
There are other ways to become a business owner, include buying a business opportunity and creating a business from the ground up. There are definite advantages and some disadvantages to owing a franchise business over these other business ownership options and the franchise model is not right for everyone.
To see if franchising could be right for you, compare your previous business experience, your motivations and your current situation to the following examples.
Franchise Ownership
Let’s imagine that you are in your early 40s and have worked for a half a dozen large companies over the last 20 years. You’ve been recently laid off but even before the layoff, you realized you desperately wanted to change careers and find something that would allow you to use a larger skill-set and provide a greater income. Your company has given you a cash settlement and you are keen to take charge of your life, become your own boss and try something different. You want a good income and are willing to put in whatever hours necessary to jump start the new career but your overall goal is to eventually work reasonable hours and have more time for yourself and your family.
If your history is similar, you are probably an excellent candidate for franchise ownership. This path will allow you to benefit from a proven system of operations and a training program that will quickly get you up and running. As you have no previous business ownership experience, the ongoing support you will receive from a franchisor will be vital to your success. Many franchise opportunities offer a turnkey package that will include almost everything you need to start your business. In addition, most franchisors require no previous experience in their industry so you can be open to a variety of types of businesses and won’t need to stick to the one industry you know.
Another advantage to franchising is that franchisees can take advantage of lower cost materials due to group buying power. They also learn from each other and usually form a peer support system. Because you won’t be occupied with every minute detail of owning a business, you will be able to concentrate on growing your business.
Franchisors learn from their franchisees and use this information to continually improve their systems. Data from other franchisees can be used to help you predict your break even timeframe and franchisors are required to provide you with a UFOC (Uniform Franchise Offering Circular), which will help you learn about the company, the officers, the current franchisees, and any litigation against the company.
Franchising is a business model that works very well for those who have previously been in middle or upper management – particularly women as they are historically more likely to comply with a franchisor’s rules. Women, many franchisors report, are also quicker to see the value of using a proven system and less likely to waste time trying to fix something that’s not broken.
Compliance with a franchisor’s rules can also been seen as a disadvantage to franchise ownership. A franchise lets you be in charge as long as you follow and adhere to all of the elements of the franchise system. This is necessary so that the franchisor can offer consistency across the brand – and let’s face it, they’ve done the research and tested the procedures so their way is usually the right way. This is also a benefit to the consumer who can expect comparable quality products or services no matter which franchisee he patronizes, anywhere across the country or around the world.
Another perceived disadvantage is that a franchisee must pay royalties and sometimes a marketing fee to the franchisor. Royalty payments are compensation for everything the franchisor provides, including access to the brand, the operating system and related items. The franchisor uses the marketing fee to provide national advertising to build the brand and drive market penetration at a greater level than a franchisee could do on her own. Also, national marketing funds enable franchisees to benefit from professionally produced marketing materials and realize efficiencies from commingled funds.
If your are comfortable learning from others who have experienced success and would rather follow a proven trail than bushwhack your way through the jungle, buying a franchise could help you achieve your personal and financial dreams. However, if you’re the type of woman who likes to run with scissors and would never stop to ask directions, there may be better options for you. Read on!
Buying a Business Opportunity
As another example, let say that a varied work history has given you some great skills which you wish to put to use running your own business. You are not concerned about the type of business you buy but want to have freedom to run it your way. You would be okay with a certain degree of risk but also recognize the advantages of an established system of operations.
A business opportunity is a business you buy outright and have the freedom to run any way you choose. The benefit of a business opportunity is that they generally provide you with a successful business model and possibly some training and marketing assistance. The initial investment is usually lower than for a franchise and there are no ongoing royalty payments.
A downside to a business opportunity is that the seller isn’t as invested in your success or failure as is a franchisor because they make their money up front. Therefore, you won’t have extensive ongoing training, assistance, a national marketing program, research and development, etc. The risk factor is probably greater than for owning a franchise but could be less than starting your own business.
Starting Your Own Business
In this third scenario let’s assume that you have a steady, predictable income, perhaps from a working spouse or other source. You think of yourself as a truly entrepreneurial woman and you are brimming with ideas for new products or services and love to “tinker” with things until they are just as you want them. You are strongly attracted to the idea of being your own boss and don’t like to answer to others. You’ve previously been a business owner and have enjoyed the experience. You have the drive to follow through on your plans and have a background in a variety of disciplines, including sales, marketing, accounting and management, so you are not looking for outside support. In addition, you have plenty of money to spend on researching and developing your product/service so a predictable timeframe for break even isn’t a concern.
If you are like this type of person, one who likes blazing her own trails, franchise ownership is not for you. Instead you will be more comfortable setting up your own business using your own ideas. This is the most risky way to become your own boss because you will not have the proven operations system, nationwide brand and marketing, and the ongoing support of a franchise company. You may also have more difficulty obtaining business loans and the time from inception to when you start turning a profit will be hard to predict. On the plus side, you will owe no royalties and can run you business just as you please.
Historically this is the model least likely to succeed on average so it is recommended only for truly exceptional individuals who have the desire and stamina to start their own business based on their own unique idea or approach.
The chart below will help you compare the advantages and disadvantages of these three types of business ownership opportunities. For a majority of people, franchising has proven to be a viable way to become a business owner. For the most part it offers the lowest risks and the highest level of support. Because a franchisor doesn’t succeed until the franchisees do, you’ll find a team of dedicated professionals willing and able to help you every step of the way, from site selection to employee hiring to grand opening. They will keep in touch with you from the very beginning to years down the road and have web sites, toll free numbers and dedicated staff to make sure all your questions are answered quickly.
But it takes the right sort of person to be a happy and successful franchisee. Before you become too involved in the process of finding a business to buy, carefully consider which type of opportunity will be right for you. It can make all the difference between the success and failure of your new venture.
Business Ownership Comparisons

* IFA Educational Foundation-FRANdata study released August 2006

Kim Ellis is the President of Bison.com, a leading online resource for franchise and business opportunities. She has been quoted as an industry expert in USA Today, Wall Street Journal and a variety of local and regional publications regarding trends in business and franchising. Kim combines her entrepreneurial spirit with a diverse background in marketing and operation to help others succeed in franchising.

Tags business, Franchise, Kim Ellis, opportunity

Franchise

The Franchise Timeline: Guidelines for how long it should take to open a new franchise

Post author By Ethan Theo
Post date January 23, 2008
2 Comments on The Franchise Timeline: Guidelines for how long it should take to open a new franchise

Susan, a bright, energetic and make believe person, has decided to become a business owner by buying a franchise. She understands that there are many steps to the process and asks me how long it will take before she will be able to open the doors to her business. Figuring she wouldn’t be satisfied if I told her that it could take anywhere from several months to a year or longer, more or less, I came up with the following timeline:
Step 1: Finding the right franchise
Susan could be out shopping and see a for sale sign in the window of a storefront franchise. If she likes the business, can meet the seller’s price, is approved by the franchisor, and gets in on a franchisee training program right away, Susan could be running her new business in a short period of time.
However, a more likely scenario is that she will spend weeks or even months doing research on a variety of franchise businesses before selecting one for purchase. Once she finds a business to investigate, Susan will have to go through a Discovery Day to meet with the franchisor in person, learn more about the business, have financing arranged, and be approved as a franchisee.
There are a lot of variables here but much depends on a person’s motivation –
how anxious they are to start a new career. Another variable would be how the search is conducted. If Susan uses a franchise broker to help her narrow down her search, the process usually takes about six weeks. If she decides to do research all on her own, it may take months or even as long year before she is confident she has found the right business.

Average research time: Six weeks to six months

Step 2: Finding your location
The actual territory of your business will be part of your contractual agreement with the franchisor and within that territory you will probably need a physical location. The location could be in a mall or strip-mall, a warehouse in an industrial park, or a stand-alone building. Some exceptions would be home-based businesses that you could run from a home office or cart-based franchises that you would take to events like parades, carnivals, fairs, etc.
Most franchisors offer at least some help with site selection to find the most advantageous location for your business. Some even help with the lease negotiations. Specifics for build-out and furnishings are usually covered in your agreement and franchisors use their bulk purchasing power to get you reduced prices these items.
Depending on how difficult it is to find a location and the amount of work needed to get your location ready for business, this process could be lengthy. I’d tell Susan to be both prepared and patient.

Average time for location search and build-out: Six to eighteen months

Step 3: Financing
I spoke briefly about financing but that was assuming that my friend Susan had cash in the bank ready to spend on a franchise business. The cost for opening a business covers three areas: the initial fee paid to the franchisor, the cost of preparing the business for opening, and finally the cost of running the business for that period of time until it is profitable. That includes paying your bills and your employees and also the money you need to live on.
Fortunately a prospective franchisee doesn’t need to have all that money in her pocket. Some of it can be borrowed from a bank, usually using equity in a home. Another option is taking the money from your retirement savings plan.
Often the franchisor will help you find a franchising option by connecting you with some companies that do these types of loans. However, the sooner you can get financing, the sooner you will move ahead with your new business so don’t put this item off until the last minute.

Average time to secure financing: One to three months

Step 4: Training
Once Susan has selected her business, she will be excited and anxious to start training. Training programs can vary quite a bit from company to company. Some franchisors will do training by email and phone for a period of weeks and then bring in the new franchisees for some classroom work and hands-on training at headquarters. Other businesses need only to provide several days of classroom training.
Since Susan’s training should cover all aspects of running her new business, from operations to marketing to customer service, a training program of several weeks or more is typical. Many franchisors will offer a number of continuing training opportunities as well, and because I believe the more you know the better, I’d be sure to encourage Susan to take advantage of all the training available.
The good news for Susan, who is anxious to get started, is that a majority of the best franchisors have new franchisee training classes scheduled at least monthly so her wait to start training won’t be long. The franchisor will be just as anxious to get the new business open as the franchisee, so they will have the training process thoroughly mapped out.
The length of time for training will depend of the type of business. If the franchise provides a service, training to learn the service may require a more lengthy training time than would be required for a simple retail outlet. In a business with a more involved retail operation, a new franchisee may need to work in an existing location for a period of time to thoroughly learn the business.

Average time for franchisee training: Two weeks to two months

Step 5: Other Issues
Depending on the type of franchise you buy, you may also need to deal with zoning or permit issues, hiring and training employees, and stocking your store. If these will apply to your business, add more time to your estimate.
I’d caution my friend Susan to use these figures as estimates only. Each situation will be unique. The most important thing I’d tell her is to be sure she has adequate financing to cover whatever delays may occur because being under-financed is considered the number one reason most franchisees fail.

Tags bu siness, Franchise, guidelines, Kim Ellis, opportunity, timeline

People & Relationships

Teaching People To Learn

Common sense seems to be in very short supply. Perhaps it always was.
Even allowing for the creative and often hysterical reporting of the news media it is hard to avoid the conclusion that those making and executing laws and regulations in both Britain and the EU have taken leave of their senses. A previous culture of personal responsibility seems to have changed into a culture of dependence and blame.
Not, of course, entirely, but significantly.
This is wholly understandable. A society that rewards the feckless and punishes the responsible must expect the message to be understood and acted upon. Perhaps our rulers have forgotten that true compassion – indeed, true love – involves helping people to achieve and maintain their independence. Removing independence is theft of the most precious possession we have.
So far this sounds more like a political speech on behalf of the British Fascist Party than a basis for discussing what people need to learn. I make these points, however, because unless our education system starts with the right premise, everything else that it does will at best be ineffective and at worst be damaging.
I don’t need to tell you the difference between education and training, between knowledge and reflection, between information and thought. So I’ll skip the bit about facts, passing exams, exam marking and the roulette wheel of teachers who can (and those who cannot) forecast the likely questions with reasonable accuracy. I’ll omit the scathing references I would have made about people who decry the Arts subjects. I’ll nod only briefly towards the words of George Santayana (1863-1952) ‘Those who cannot remember the past are condemned to repeat it‘.
I’ll go on to why what we need to learn has changed so much and so recently.
My first point is that in the past few years and with considerable Government help, we have come to understand better the relationship between body and brain. If there is a work / life balance to be struck there is also a body / brain balance in need of attention.
Today we are at the threshold of understanding the mind. We have not got there yet but we will, and reasonably soon if I am not much mistaken. We have started to appreciate that the mental prisons we often feel trapped in are largely of our own making. We are all capable of much more than we thought.
Such potential brings with it the responsibility to use well the resources we manipulate and to learn a new view of the time over which we manipulate them. Strangely, our Victorian forebears had a better sense of this aspect of time than we do. They invested for what they saw as the future; we invest for the next annual – or half-yearly, or quarterly – sometimes even monthly – profit results.
Proper planning has never been so important and never so neglected.
Second, we need to learn the basic skills of interpersonal communication – or social intercourse, if you like. Whether you were in favour of invading Iraq or against it I think we can all agree that in the 21st Century settling disagreements by thuggery is an admission of failure on a breathtaking scale. But that thuggery doesn’t originate in the White House or Downing Street, it originates in Coronation Street, in your local town, the nearby neighbourhood, in the way we speak to a traffic warden, in the way officials deal with us.
Have you noticed how people seldom ask questions of each other these days?
Maybe they think it’s intrusive or not very polite. At a time when many of us are going to spend more time in front of our computers we need to improve our social intercourse and change it from the drinks party or the Friday night booze-up to intelligent, informed discussion laced with that unique ability we have to be amusing about serious matters.
Some races have always been rather inhibited about asking questions. We cannot afford such inhibitions any more. It leads to a collection of floating islands, not to a society.
Third, we need to learn the joy of work. We’ve separated work and leisure to the point where work is seen as bad and leisure is seen as good. But everyone knows that too much of either is wrong. To do this we must make work joyful, not always easy when rough conditions, noisy machinery, inconsiderate bosses, rapacious shareholders demand effort and forbearance that is above and beyond normal duty. For all that, work must become a place of joy.
We seem to have failed to learn that the true satisfaction of a job well done is not in dollars but in the heart of the person doing it. In my mentoring the simple and true story of Alf Tuck, the man who came to thatch the cottage roof, has transformed the attitudes of hundreds of people towards their work.
If you want to know it, please ask me by email, and I will send it to you.
Fourth, we need to reconsider what facts we need to know. Five years ago it was important to know quite a lot of facts. Today we need to know different facts:
– how to access and store information on the internet
– how to discriminate between right and wrong information and good and bad sources
– how to reflect on the facts we learn; facts by themselves are like random numbers; they only
– become useful when we interpret them and make decisions based on them.
Fifth, our civilisation is based on trust. That trust is based on truth, a commodity in very short supply at present. No truth, no trust. No trust, no society. There will never be perfect truth and we have to learn to distinguish between truth, lies and hyperbole. If we do not understand and accept the relevance of truth for our very existence, our society will increasingly fail.
There are many other things we have to learn, of course. These are, to my way of thinking, the five essentials. They are at present being neglected in favour of doubtful academic awards.
If you agree with my very brief summary of what people need to learn today there is one remaining question: where do we get the teachers to do it?
That’s my question to you.

John Bittleston blogs at TerrificMentors.com, a site that provides mentoring for those who wish a change in career or job, wanting to start a business or looking to improve their handling of people (including themselves).