
|
 |
| | FAQ: About franchising | | What is Franchising? | | | The European Code of Ethics defines franchising as a
system of marketing goods and/or services and/or technology, based upon a close
and ongoing collaboration between legally and financially separate undertakings,
the franchisor and its individual franchisees, whereby the franchisor grants its
individual franchisees the right, and imposes the obligation, to conduct a
business in accordance with the franchisor’s concept. This right entitles and
compels the individual franchisee, in exchange for a direct or indirect
financial consideration, to use the franchisor’s trade name and/or trademark
and/or service mark, know-how, business and technical methods, procedural system
and other industrial and/or intellectual property rights. The franchisee is
supported in this ongoing service by commercial and technical assistance, within
the framework and for the term of a written franchise agreement, concluded
between the parties for this purpose. | | | Santiago Barbadillo, Consultant |
|
| | What makes a good franchisor? | | | Good franchisors must have experience in the sector in
which the franchise is developed, as well as a sufficiently strong financial
organisation and management skills to provide support and assistance to the
franchised network which is dependent upon them. The franchisor’s main
responsibility is to provide its franchisees with initial training and ongoing
assistance, while ensuring that each franchised unit is managed in accordance
with the system transferred.
| | | Santiago Barbadillo, Consultant |
|
| | What makes a good franchisee? | | | Franchisees must have a good level of personal
initiative, sufficient enough to take on the responsibilities inherent to
managing a business; however, they must also be willing to stick to the
operational model transferred by the franchisor.
| | | Santiago Barbadillo, Consultant |
|
| | What are the franchisor's undertakings? | | | Although franchise packages cannot guarantee
profitability for the franchisee, the factors necessary for success should be
taken into account in order to reduce the franchisee’s risk of failure.
Franchisors should not simply transfer a product or service to the franchisee.
According to the European Code of Ethics, they should also transfer the rights
to use the brand name and any other distinguishing signs recognised by the
clientele as well as access to knowledge gained from experience, know-how,
technical and commercial methods and procedures. They are thus transferring a
comprehensive and confidential business concept with a proven track record that
helps the franchisees to operate within the business format. | | | Santiago Barbadillo, Consultant |
|
| | What are pilot units? | | | These are units owned by the franchisor, which are
used to check the profitability of the business under identical conditions to
those which will subsequently be applied to the franchise network. Pilot
units can also be used to fulfil two additional objectives: a) as training
centres for new franchisees b) to try out new goods or services, prior to
rollout across the whole network. | | | Santiago Barbadillo, Consultant |
|
| | What is a "pilot" shop? | | | When a franchisor claims to have know-how
he must not only have ideas but also experience. He usually acquires this experience in the shops he owns, i.e. in his
branches (part of the same company) or in subsidiaries (other companies owned by
him). All - or a number - of these subsidiaries or branches serve to improve
know-how, to test out ideas or to demonstrate the latest concept developments
that are to be used by new franchisees. In the world of franchising, the test
units or business models that are then copied by franchisees are called “pilot
businesses”. It is also possible, however, that a franchisor signs an agreement with one
or several franchisees for them to run pilot businesses. There are several
reasons for this: the franchisor may not wish to invest in such a pilot unit
himself (Why? Through lack of resources? Investigate thoroughly.) or because he
wishes to learn how businesses other than his own cope with his business concept
(a rarer but much sounder policy). | | | Jean Samper, Consultant |
|
| | How does the transfer process work? | | | The transfer of the system to the franchisee should be
as straightforward as possible, thus allowing the franchisee to acquire the
knowledge necessary in a relatively short time frame. The franchisee training
period is generally composed of two quite distinct elements: a) A theoretical
and practical training phase, provided at the franchisor’s premises and in
existing outlets. b) A second on-site support phase during the opening and
launch of the franchised outlet. | | | Santiago Barbadillo, Consultant |
|
| | What are the different types of franchise? | | | There are various types of franchise. Generally speaking, a distinction can
be made between industrial franchising and commercial franchising: • Industrial franchising: form of business collaboration
between manufacturers. The franchisor owns a manufacturing system and/or
exclusive patents, which are assigned to another manufacturer for use in a
predetermined territory. Given that the franchisee could easily undermine the
franchisor by copying formulae and methodology received, the franchisor does not
generally transfer the entire production process to the franchisee, only a part
thereof. • Commercial franchising: this type of franchising can be
divided into: o Goods franchising or distribution franchising:
franchise system whose objective is to market a product or a number of products,
usually manufactured, distributed or selected by the franchisor, on an exclusive
basis, or otherwise. (e.g. clothing) o Service franchise:
business aiming to provide a service or group of services, commercialised by the
franchisee, in accordance with methodology provided by the franchisor. This type
of franchise requires a greater level of control by the franchisor in order to
guarantee that the service provided is adequate. (e.g. hotels) o Mixed franchise: franchises which integrate both
goods and services. (e.g. certain restaurants) | | | Santiago Barbadillo, Consultant |
|
| | What type of fee is the franchisee required to pay? | | | The franchisee pays the franchisor three types of
fee: • Entry fee. This grants the franchisee the right to join the
network and includes the following: o The right to use a known
brand, granted by the franchisor to the franchisee. o Training
process and assistance from the franchisor to the franchisee prior to and during
the opening of the outlet to the public. o Partial indemnity
paid to the franchisor for initial investments made in establishing the
franchise. o The entry fee may also depend on the potential of
the exclusive territory to which the franchisee is given
access. • Royalties or operating fees. Sums paid by the franchisee to
the franchisor periodically for ongoing assistance and support provided. Unlike
the entry fee, these payments constitute the franchisor’s principle source of
income. • Advertising fee. The goal is to create a pool of funds for
investment in advertising or marketing, which will benefit the network as a
whole (brand profile and image, promotions, etc.). Advertising fees should not
represent a source of income for the franchisor, who should simply act as
administrator for income received. It is therefore recommended that franchisors
use separate bank accounts for income and advertising fees. They should also
provide details of sums received and the purpose of said sums.
| | | Santiago Barbadillo, Consultant |
|
| | What are the main disadvantages of franchising for the franchisor? | | | Potentially, the main disadvantage for the franchisor
resides in the franchisee’s thirst for independence, especially if the project
lacks real loyalty incentives. The brand could also suffer from the mistakes and
scheming of unsatisfactory franchisees. The only way to avoid this is to
employ an appropriate selection process and training programme and establish an
effective system of periodic monitoring. It is more difficult to impose
specific behaviour on franchisees than on branch employees. Another
disadvantage could be the obligation to share profits with franchisees, however
the franchisor’s overheads are also reduced and a more compact organisational
structure (personnel) can be operated.
| | | Santiago Barbadillo, Consultant |
|
| | What are the advantages of franchising for the franchisee? | | | Experience gained from pilot units and other
franchised outlets considerably reduces the risk of failure in comparison to
running a sole proprietorship. When opening their outlet, franchisees are not
starting from scratch but buying into a potentially established business, thanks
to a brand that is more or less known on the market. The business system is
supplied by the franchisor, thus simplifying management and guaranteeing
tried-and-tested methodology which has already proven successful. Franchisees
benefit from economies of scale obtained by the franchisor, thanks to
distribution throughout the network. Communication and marketing potential is
far superior to resources available to an individual acting independently and
cost less.
| | | Santiago Barbadillo, Consultant |
|
| | What are the main disadvantages of franchising for the franchisee? | | | Like the entire franchise network, the franchisee
will be required to comply with a series of standards, established by the
franchisor. He will also be required to pay the franchisor a percentage of
annual turnover in exchange for services and benefits
received.
| | | Santiago Barbadillo, Consultant |
|
| | What are the fundamental conditions required to franchise a business? | | | Before embarking on a franchising process, businesses
must meet a series of minimum criteria. It is fundamental that only businesses
which have already demonstrated their profitability are considered for
franchising. A prerequisite of implementing a durable franchise structure is
that the goods or services being franchised must have already been accepted on
the market. Likewise, it is also important to guarantee the quality of
know-how, simplicity of methods and transferability to third
parties.
| | | Santiago Barbadillo, Consultant |
|
| | What is the procedure for franchising a business? | | | In the first instance, a feasibility study must be
carried out to ascertain whether the business model is suitable for franchising,
the profitability of the project for both the franchisor and the franchisee
should be estimated and the conditions which will define the franchise project
should be established. The operations documentation for the project should
then be compiled. This documentation should be based directly on the
franchisor’s practical experience and elements which define the franchise
project. It is paramount that this knowledge and experience are transferred in
order to ensure that the franchise package is homogenous and free of personal
variations which could affect the tried-and-tested business scheme. It is also
important to establish procedural and management standards for the franchise
network, determine responsibilities, rights and obligations for each party,
outline the joint corporate image as well as fit-out requirements for
premises. The following elements should be included in the operations
documentation for franchise projects: - Operation manuals -
Franchise agreement - Visual identity and corporate image
manual - Business plan - Specification manual for fit-out of
premises. | | | Santiago Barbadillo, Consultant |
|
| | How can I decide whether a franchise proposition is serious? | | | In the first instance, contact the franchisor and ask
all the crucial questions. If responses received are vague, you should remain
prudent and request further information and clarifications. The Franchisekey
guide to franchising, franchise consultants, specialised lawyers, chambers of
commerce and the Franchise Association in your country will be useful sources
for obtaining a broader perspective and comparing information
received. During conversations with the franchisor, you should evaluate the
following aspects: the structure set up by the franchisor to provide you with
training and assistance (in accordance with the network’s growth level),
financial and economic capacities, the management team’s knowledge of the
profession and business concept, level of experience in the sector, the number
of franchisees and their loyalty to the network and, most importantly, evaluate
the selection process used in your case (is the franchisor sufficiently
demanding with regard to your personal profile and the outlet location?). The
franchise company will impose the same requirements on other franchisees as they
expect from you. Remember that it is always useful to talk to existing
franchisees.
| | | Santiago Barbadillo, Consultant |
|
| | What is the role of a franchise consultant? | | | The main role of a good franchise consultant is to
direct, advise and guide individuals who seek expert advice on the best options
available, prior to making a business commitment. Basically, they are there to
support the potential franchisee in making a success of the franchise project.
Consultants must therefore be able to base their advice on valid experience,
allowing them to find the path most suited to their client, in accordance with
the profile, requirements, capital and expectations of the potential franchisee.
A good consultant is like a good tailor, able to create a made-to-measure suit
for their client, whether franchisor or franchisee.
| | | Santiago Barbadillo, Consultant |
|
| | | Are franchisees entitled to sell their business? | | | Since franchisees own their businesses, they are
naturally entitled to sell them. However, to maintain the standards of the
network, the franchisor will wish to participate in selecting a suitable
purchaser, as was the case when the current franchisee purchased the business.
The franchise agreement will outline the procedure to be followed by the
franchisee. Usually, contracts include a notice period, to enable the franchisor
to exercise pre-emption rights, a selection process and final decision,
candidates may be turned down if the franchisor has justifiable reasons for not
accepting the potential franchisee.
| | | Santiago Barbadillo, Consultant |
|
| | What is know-how? | | | Know-how is a body of knowledge acquired and tested
by the franchisor, resulting from his experience; it constitutes the operational
basis of a business. Know-how must be secret, substantial and
identified.
| | | Santiago Barbadillo, |
|
| | What is master franchising or sub-franchising? | | | This is a form of franchising whereby the franchisor grants another natural or legal
person, known as the master franchisee, the right to operate a franchise in
a major territory (a country for example). The franchisee is then expected to
agree franchise agreements with other individual franchisees. The master franchisee
thus acts as a franchisee vis-à-vis the original franchisor and usually
plays the role of franchisor with regard to the individual franchisees
recruited. This position is comparable to the role of importers or
wholesalers. | | | Santiago Barbadillo, Consultant |
|
| | | What, in general, are the skills and qualifications needed to become a franchisee? Is extensive professional experience required? | | | It is rare that someone young has had the time
to save enough to have sufficient personal funds to start up their own
business. It is also obvious that before working “for oneself”... ... it is useful to have amassed some experience of “working for other
people”. But apart from this, there is no minimum level of experience for
becoming a franchisee. The skills required for a bakery shop franchise are
different from those for a clothing shop and your application will therefore be
assessed differently depending on the sector. However, all franchisees need to have some commercial and business sense as
well as experience of working autonomously without being free-lance. One must be
capable of agreeing to follow the network’s rules … and then actually doing
so. | | | Jean Samper, Consultant |
|
| | | Must a franchisor provide know-how? | | | Oh yes, absolutely! Know-how is one
of a franchise’s three basic components, along with a name (and other measures
for winning customers) and a collection of products and/or services. It is know-how that makes the difference between a franchise and a concession
as a concession offers a name and collection of products and/or services without
providing any know-how. | | | Jean Samper, Consultant |
|
| | Is a franchise nowadays an alternative to setting up a business? | | | Franchises are a form of
collaboration between a franchisor who has his own business and a franchisee who
is creating his own. The fact that one is a franchisee does not mean that one is not creating a
business but simply that one is relying on a network, a name, know-how and
assistance from the franchisor, etc. Franchises are, therefore, not an alternative to setting up a business – on
the contrary they are one of the different ways of starting up a business. | | | Jean Samper, Consultant |
|
| | What is the difference between a franchise and a simple licence? Is franchising a suitable strategy for penetrating foreign markets? | | | To put it in simple terms: a licence grants someone the
right to use a trademark or brand and generally includes some restrictions to
protect the brand, whereas... ...a franchise also provides know-how and ensures that everyone involved has
mastered this know-how. And then there is the “concession” which falls somewhere between the two. A
concession grants someone the right to market a range of products or services as
well as to use the trademark. (Of course, franchises also grant a concession for
a range of products or services.) And to answer the second question: Yes, franchises are just as suitable for
export markets as they are for national markets. | | | Jean Samper, Consultant |
|
| | | I should like to know how a franchisee is paid. It seems to me that no franchise actually specifies this. | | | A franchisee is a business owner. As with all business owners, he is
working for himself........ ....and decides himself how high his salary should be. The size of his salary
will depend on how profitable his business is. He keeps the profits but must
also bear any losses. If franchises do not specify how much “you will earn” in their brochures,
then this is because it is impossible for them to forecast earnings without
taking the town, the competition and the person etc into account. | | | Jean Samper, Consultant |
|
| | | | How do exclusive franchise territories work? | | | Exclusive territories require a commitment from both parties. On the
one hand, the franchisor must undertake to respect the exclusivity of the
franchisee, by not exercising his business himself and preventing third parties
from opening outlets in the exclusive territory in question. On the other
hand, the franchisee must undertake not to actively attract clients from outside
the said exclusive territory, thus avoiding interference in territories
belonging to other franchisees.
| | | Santiago Barbadillo, Consultant |
|
|
|
 |
| |
 |