Franchise

Q. What should I look for when considering an opportunity to open a franchise?

A. First, make sure you understand what you are getting into. Essentially, franchising is a plan of distribution under which an individually owned business is operated as though it were a part of a large chain. Services or products are standardized. Uniform trade marks, symbols, design and equipment are used. A supplier (the franchisor) gives the individual dealer (the franchisee) the right to sell, distribute or market the franchisor’s product or service by using the franchisor’s name, reputation and selling techniques. The franchise agreement should give the franchisee the exclusive right to sell, or otherwise represent, the franchisor in a specified area. In return for all of the foregoing the franchisee agrees to pay either a sum of money (a franchise fee), a percentage of gross sales (royalty), or to buy equipment or supplies from the franchisor or some combinations of these considerations.

Franchising can minimize your risk of failure. If you have a good franchise it will enable you to start your business under a name and trademark which has already gained public acceptance. You will have access to training and management assistance from experienced people in your line of business. Sometimes, you can also obtain financial assistance from the franchisor. You will also find that there are franchisors in many lines of businesses, from fast food establishments to motels and from hardware stores to travel agencies and the requirements regarding your level of experience and available capital can vary greatly. The downside of these operations is that the initial and continuing fee to the franchisor can be quite high.

There are franchises that have far lower levels of initial and continuing fees compared to the best known operations. While some of these are legitimate and offer pretty good support and prospects for success, others come close to be nothing more than scams. As a result the major issue you will need to resolve is that of the cost and quality of the franchisor you want to consider. The Federal Trade Commission (FTC) and the State of Texas, plus other states, provide rules and regulations aimed to protect you, the franchisee. These rules and regulations require the franchisor to provide you with various types of information that serve to disclose their overall operations. Normally a reputable franchisor will supply this type of information in the normal course of responding to your inquiries about how to become a franchisee. However, if such information is not forthcoming you or your attorney should request it.

The obtain a thorough insight into these issues, write to the franchise companies in your field of interest. Provide some background information about yourself and the sincerity of your interest and request a copy of the franchisor’s offering package. You will find franchises can be acquired for as little as a few hundred dollars while some others can cost up to a quarter-million dollars or more. Hence it is vital that you thoroughly investigate and evaluate any franchisor before you invest your money.

After reviewing the offering packages select the one(s) that most closely satisfy your needs, financial restrictions, and concerns. Having made your selection(s), visit and speak to some franchisees of this particular franchisor. Determine the quality of the relationship with their franchisor. Do they feel they are getting their monies worth from the franchisor? Determine what kind of training and management assistance they receive; the effectiveness of the advertising and sales campaigns that are run to promote the product or service; how much control the franchiser has over the day to day operations; what other forms of assistance are provided, i.e., credit, exclusive territory, merchandising ideas, etc. Also, determine if they can terminate their franchise contract and, if so, at what cost. Also, can you sell your franchise operation?

In addition to visiting franchisees, you should investigate the franchisor’s reputation with banks, the Better Business Bureau, Chambers of Commerce and trade associations that deal with franchise operations. . What you want to determine is if the franchisor(s) you are considering is adequately financed so that it can fulfill its obligations; is it a one person company or a firm with trained and experience personnel; do they continually update their programs to meet changes in the economy or competition; are they equipped to provide comprehensive, individualized marketing plans and financial forecasts; and does the firm have a reputation for honesty and fair dealings with its franchisees?

While you, as franchisee, must have a strong desire to succeed you must also recognize that in a franchise operation the franchisor will always retain a certain degree of control so as to protect its name and reputation and, as a result you will not always be your own boss. Nevertheless having a good franchise can be a rewarding and profitable experience. The key is finding the right franchisor for you. This should be one you can afford and, based on the information you have acquired, one with whom you feel you can form a healthy working relationship.