How to Turn a Franchise Agreement to Your Advantage

Deciding to buy a franchise is a huge decision. Once you have convinced yourself that franchising suits your character and business aspirations, have identified the right franchise, done your sums, attended the initial training and perhaps paid an initial deposit you will be presented with a Franchise Agreement to sign.

franchise agreement

Typically this agreement could run to 40 or 50 pages and can be a daunting read to those unfamiliar with commercial contracts. The very nature of a franchise business structure means that the agreement will be fairly complex. Remember that this document provides the framework for your business life over the next seven years or so.

Franchisors, particularly established ones, will rarely change or negotiate the terms of their standard Franchise Agreement as they will want to maintain uniformity across all the franchises.
 
>> RELATED: Directory of Home-Based Franchises
 
However, it is essential that you understand what you are being asked to sign. Once you have signed an agreement as a business person (without the cotton wool treatment given to consumers) you will struggle to persuade a court later that the terms were unfair or sufficiently unreasonable to be void. You will be stuck with it! I strongly recommend that you seek legal advice from a commercial solicitor familiar with franchising.

Key areas include establishing the true cost of the franchise including ongoing royalties, advertising costs, minimum stock purchases.

  • What location and territorial rights have been granted? Are these exclusive to you?
  • What property and equipment is required?
  • What obligations are there on you and the Franchisor relating to the ongoing operation of the franchise?

Often the most complex area relates to renewal and termination of the franchise.

  • Are you granted an automatic renewal right beyond the franchise term of 5 or 7 years?
  • What renewal fee is payable?
  • Can you sell the franchise on? Usually you will need to give the franchisor first option and/or a right of veto over the acceptability of any proposed transferee, often coupled with a % fee.
  • What are the consequences of an early termination by you if you want or need to get out prematurely? There will usually be a minimum period with forfeiture of the franchise fee, stock and possibly other financial penalties and compensation.
  • What if you are in breach? What circumstances would lead to an automatic termination? Are you given a period in which to remedy your breach?

Ask yourself some “What if?” scenarios.

  • What if you died or were seriously ill?
  • What if you failed to meet your sales targets?
  • What if you wanted to sell product out of your territory?
  • What if a customer sued you for faulty products?

If you cannot answer all your What ifs, do seek more advice. Don’t be afraid to ask the Franchisor these questions. But don’t expect an impartial response.

The Franchise Agreement will usually have an express term preventing any reliance upon representations or claims made by the Franchisor in the initial presentations or documentation. Much to the disappointment of many clients who come to us for advice having run an unsuccessful franchise, this applies particularly to any claims as to how much money can be earned.

Buyer beware!

Wanted: Military Veterans for Franchising

Franchisors offer incentives to help veterans start their own franchises.

Help Wanted

Don’t know anything about starting a business but are determined to take control of your employment destiny?

If you’re a military veteran, the International Franchise Association (IFA) thinks you’re particularly well-equipped for a franchise. And they’ve got a program to help you take a leap into entrepreneurship and a career in which you can use the skills you’ve acquired in the military.

VetFran was founded as a special program within the IFA in 1991 to help veterans returning from the first Gulf War as a way to thank veterans for their service, according to the IFA.

Then in 2011, the IFA launched Operation Enduring Opportunity, a partnership with several organizations, including the U.S. Chamber of Commerce and the U.S. Department of Veterans Affairs, to help the large influx of veterans transitioning to civilian life get into franchise careers. The program has been a great success.

Through VetFran, many franchisors will waive 10 percent to 25 percent of the franchise fee, which can help veterans hire staff as they get their new businesses up and running.

In the last three years, more than 150,000 veterans have started careers in franchising, more than 5,000 as franchise owners. Now, one out of every seven franchise businesses is owned by a veteran of the U.S. military, according the IFA.

This is clearly a win-win partnership for both sides.

Franchising offers one of the very best paths to starting your own business for those with little or no experience in the business. With a proven system, training and ongoing support, novices get a franchise team to show them the way to success, helping them troubleshoot the rough spots along the way. As the IFA points out, the system is not dissimilar to the structure of military life.

While veterans can expect a little extra special treatment as thanks for their service to the country, franchise companies benefit from the particular strengths veterans bring to the franchise.

Before you or a veteran you know starts second-guessing all the ways he or she is not qualified for a career in franchising, consider the following list, compiled from articles written by Franchisors or IFA officials.

The Treasured Traits of Veterans Prized by Franchisors

Integrity and Honor

Ingrained through their military training, veterans learn firsthand the importance of executing orders with dedication to accomplish a common goal.

Respect for Rules of Operation

A military operation requires everyone to do his job. A franchise requires franchisees to follow the proven system of the franchise company to succeed. In both one person implements a plan prepared by others with proven experiences.

Leadership Training

Business ownership requires the type of leadership the military teaches. An owner is responsible for the business, its employees and, of course, accountable to its customers.

Discipline

When the buck stops with you, you need a disciplined work ethic, especially during the early days as you build your business to profitability.

Character

Overcoming obstacles, an everyday activity for soldiers in the military, builds the kind of character necessary for business ownership.

Teamwork

In the military, soldiers learn to put the success of the mission ahead of their own interests. This dedication to teamwork well suits the needs of franchisees to work with franchisors in a cooperative manner to maximize success.

To pursue the opportunity available through VetFran, veterans should check out the website and complete the toolkit at www.vetfran.com/toolkit-sign-up/. You’ll find a list of franchises that offer incentives to veterans, as well as greater detail on what it takes to purchase a franchise, such as investment of capital and time for research.

Ready to make your dream of becoming an entrepreneur come true?

Get your free evaluation today!

Contact Dan Citrenbaum to help you create the career you’ve always wanted. As a franchise coach, Dan brings years of experience helping people select and buy a franchise or existing business. You can reach Dan at dcitrenbaum@gmail.com or at (484)278-4589.

© Dan Citrenbaum 2024

Is A Franchise Right For You? Take The Quickie Questionnaire

A franchise can offer a perfect second stage for a stagnating career. If you’re ready to take control over your career destiny, you ought to ask yourself if a franchise might be right for you.  Not only do you get to be the boss, but a franchise comes with a lot of information that can help you achieve success. This includes a complete set of guidelines to get the business up and running, training and ongoing support, as well as a full breakdown of your upfront costs. If we’ve piqued your interest and you want to learn more, take our quickie questionnaire, which boils down some of the prerequisites of business ownership into bite size digestible nuggets.www.workitdaily.com RSS

Quickie Questionnaire: Should you buy a franchise?

Thinking of buying a franchise? Take this quickie questionnaire first!

Can you follow someone else’s system?

A franchise comes with an operating system, the time-tested method the franchisor has formulated to help its franchisees achieve success. If you have a yearning to invent your own unique operation, don’t buy a franchise.

Can you tolerate risk?

Sometimes the most obvious questions get overlooked. But starting your own business entails risk. So the question becomes do you believe in yourself. Do you think you have the ability to run a profitable business, like the others in that franchise company? This one has to be a yes.

Do you like managing employees or do you prefer to work alone?

Franchises come in all forms, and you can find one where you primarily work alone or one in which you will have to manage employees.

Would your family support your decision to give up your current salary?

When you begin a new business, you probably won’t be drawing a salary for a period, possibly for six months. If this presents a problem for your family, the timing may not be right.

Can you handle more than one type of responsibility?

While you won’t need to do all these things at the same moment, you will have to juggle multiple aspects of running a business, from hiring and firing and managing employees, working with suppliers, securing and maintaining a clientele, advertising, marketing and so on. If this sounds daunting, the writing may be on the wall. Ideally, this sounds exciting as all heck! And if you’re not sure, interviewing franchisees will give you a better handle on their day-to-day activities. As you consider your options for a second stage, you may end up sitting on the fence for a while. While pondering, we recommend you do more research. Look at intriguing possibilities and talk to as many franchisees as possible.

Ready to make your dream of becoming an entrepreneur come true? Get your free evaluation today!

Contact Dan Citrenbaum to help you create the career you’ve always wanted. As a business coach, Dan brings years of experience helping people select and buy a franchise or existing business. You can reach Dan at dcitrenbaum@gmail.com or at (484) 278-4589.

Want to go Green? You can find a franchise for that, too! 10 Ways to Go Green with a Franchise

Recycle, Reuse and Reduce. Since that iconic environmentalist maxim was coined decades ago, increasing numbers of people have developed an interest in going green and recycling has become big business — which is why so many franchises have popped up to capitalize on this trend.

You can find everything from shops that help people insulate their homes to those that sell alternative energy systems. There are franchises that recycle and refurbish computer equipment as well as those that repair old furniture.

So if you have always wanted to combine your interest in preservation and sustainability with making a good living, start researching green franchises today.

Not only will you get a business that aims to tread lightly on the planet, but you will get a full how-to system for running your business, everything from training to ongoing support.

10 Ways to Go Green with a Franchise

Green Cleaning Services

Everything from maid services to carpet-cleaning services that use only earth-friendly products.

Energy Auditing

These services will check a house’s energy efficiency, whether the walls are well insulated and air is leaking out cracks around windows and doors. You can help homeowners learn how to improve the energy efficiency of their homes.

Alternative Energy and Air Filtration

There are franchises that sell alternative energy options that help people reduce their energy costs as well as their ecological footprint.

Green Restaurants/Organic Food

A growing category, you can find companies that deliver organic food and restaurants that specialize in healthy food and green practices.

Recycle and Refurbish Computer Equipment

There are franchises that help large and small companies recycle their computer equipment. You can also find refurbishing centers that sell used equipment, which keeps perfectly usable computers out of landfills.

Repair Services

Really any repair business that helps us reuse existing products helps us go green. Lots of opportunities exist in this sector.

Restoration

In this era of big weather disasters, such as floods and tornadoes, restoration firms are flourishing to help people salvage their possessions, if not save their homes.

Green Car Washes

Like cleaning services, car washes that use eco-friendly products have been popping up in the franchise sector.

Clothing Resale

Used clothing is big business. There seems no end of people who need to get rid of perfectly good clothes and those that will snap them up just as fast. And franchises have grown to meet this need.

Lawn Services

Lots have been written about the damage done to the environment by pesticides used in lawn care. Find a franchise that specializes in green methods for maintaining a beautiful garden.

Ready to make your dream of becoming an entrepreneur come true?

Get your free evaluation today!

Contact Dan Citrenbaum to help you create the career you’ve always wanted. As a franchise coach, Dan brings years of experience helping people select and buy a franchise or existing business. You can reach Dan at dcitrenbaum@gmail.com or at (484) 278-4589.

© Dan Citrenbaum 2024

Find The Perfect Franchise For You

First, there is no such thing as the perfect franchise for everyone. Since franchises come in all sizes and shapes, as do potential franchisees, the goal is to make the perfect match — choose the perfect franchise for you. And, frankly, a franchise may not be suitable for everyone. So how do you know? You have to do your research. We can help you get started, but it is worth your while to consult as many experts as possible along the way, including a franchise coach, who can help you narrow down your options to those with the best track record. One of the very best things about buying a franchise is you have the ability to know everything you need to know before you sign on any dotted line — unlike a business you start from scratch. With a franchise, you know exactly what it takes to operate profitably, how many employees to hire, how they should be trained, what equipment is necessary, and you get an advertising and marketing campaign, already designed and ready to go. Your upfront research is probably the most important aspect of the process. Not that you don’t have to work hard to get it all going, but if you make a good match, select a franchise that works well for your own skills and interests, the odds of success go way up.www.workitdaily.com RSS3 Stories You Need To Share In 2024 To Impress Recruiters & Hiring Managers

What To Know To Make The Right Selection

What do you want, exactly?

As perhaps the most difficult question of the bunch, you should get a fix on your goals, your constraints and your personal aspirations. You should know how many hours you want to work. Are days or nights preferable? Do you want to work part time? Do you want employees? Do you absolutely hate sales and so know you won’t do it? Do you like working with people? Do you want to work from home or with others? Do you want a one-person operation or do you eventually want a chain of shops? There’s a franchise for all of these preferences. Deciding what you want ahead of time will save you a lot of time down the road.

What is the franchisor’s business history?

Once you narrow down your franchise search to just a few, a search online should uncover any unsavory newspaper coverage, such as franchisees going out of business at an alarming rate. But to get a more accurate picture of the franchise all in one place, you can find what you need in the franchise disclosure document (FDD), which all franchise companies are required by federal law to disclose to potential franchisees. Get your hands on this document and read it thoroughly!

How much does it cost?

All your upfront costs will be listed in the FDD, from the franchise fee, inventory software, build-out costs, initial training and ongoing marketing and advertising. See Items 5-7.

Do I have enough money?

We highly recommend you consult an accountant to go over whether you have enough to cover your costs to operate. You should plan on a full year to get your business to start operating profitably. You may get there sooner, but it’s safer to err on the conservative side. As you likely know, under-capitalization is one of the leading causes of business failure.

Would franchisees buy this franchise again if they had to do it all over again?

The only way to learn the answer to this vital question is to get out there and talk to franchisees. Visit some nearby and call others by phone. Be respectful of their time, and they’re likely to reward you with invaluable details about their own experiences. You can find a full list of current and former franchisees in the FDD. Only by doing your due diligence can you make a good match and find the perfect franchise for you — one that will allow you to advance your career for many years to come.

Put Your Talents To Work For Yourself: How To Finance Your Own Business

Who isn’t sick of the incessant slog of working for a big corporation under the looming shadow of global economic pressure that sends American jobs and whole companies overseas. When you add in an unappreciative boss and workplace malaise, it’s only natural to start dreaming about starting your own business.

It’s important to learn how to finance your own business. Related: Want To Work For Yourself? Learn How To Finance Your Own Business The questions add up fast — How do I even start? Don’t I need a lot of money? — and you go back to your desk and spin on that hamster wheel a little longer. Wonder no more. Starting your own business is easier than you think. A whole growing sector of our economy proves the point, as people continue to start franchises at a rising rate. Folks at mid-career represent the largest cohort of entrepreneurs in the U.S. economy, which isn’t really surprising since they have the experience and skills to be successful. The best thing about choosing a franchise to jumpstart your career is you can find out everything you need to know to succeed before signing any contracts. With the assistance of a franchise coach — whose services are free — you can learn how to investigate the market to make the right match for your skills, experience and interests. So the big question remaining is how to finance your new business. Not all franchise businesses require the type of large outlays typical of fast food restaurants like McDonald’s or Five Guys. Lots of franchises in the area of personal and business services require less than $150,000 and can offer a six-figure income. Many excellent earnings opportunities are available for a total investment of under $100,000! Among the most popular ways to finance your new business is to tap into your retirement funds. Think of it as investing in yourself. Just as you would invest a 401K in other people’s company, i.e. the stock market, you would instead invest in your own business, and the profits would roll right back into the fund. Basically the way it works is the Employee Retirement Income Security Act of 1974 allows people to roll over a portion or all of their 401K or IRA into a new 401K profit-sharing plan sponsored by your new business entity, which buys stock in the new corporation without penalty or paying additional tax. While you do put your retirement savings is at risk, you’re betting on your business acumen. The question is do you think you’re a good risk? If you believe you have the skills and experience to succeed then the risk is low when you buy a franchise with a good track record. If you’re not sure you should invest your own money in yourself, you might want to reconsider starting a business altogether. Of course, you might be able to finance the start-up cost with a combination of savings, and a home equity loan. A big advantage of tapping into your own savings is you don’t need to put other collateral at risk. The goal is to take every step possible to minimize your risk. This includes conducting a thorough due diligence of the franchise company, including checking out its record of success and how well it trains and supports its new franchisees. If you believe you have what it takes to run a business and you connect with a great operation, your risk may actually fall lower than remaining with a company whose loyalty is to shareholders, not you.