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Published 11th Feb 2009 Posted by admin |
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To trade in your briefcase, an ice cream Scoop You’re excited about buying a franchise and are ready to trade his briefcase for a scoop of ice cream. The company said it is the opportunity of his life, given an impressive tour of its headquarters and led to greater exploitation of its outlets. When the day ended, they presented their FDD disclosure of documents or franchise. He said that you read the contract and can not be signed by at least 14 days. Who do you use and what’s it going to cost to revise its FDD? Using a lawyer or an accountant? In good news scenario above is the franchise investor is in the process of using an attorney to review the FDD. Disclosure of the franchise documents are complicated, often running into hundreds of pages of reference tables that only segments of the complex and detailed franchise contract. It is absolutely essential to use not only a lawyer, but a franchise attorney to review these FDD’s. The bad news is that many investors avoid paying franchise independent advice. I consulted with a couple after the fact, that has invested more than $ 1 million in a horrible franchise. Before investing all of its value in this franchise, or not having invested a dollar in a legal analysis or review. Why Use a Franchise Attorney? That is the role of franchise attorney – to see the red lights that do not even notice. Remember, a franchise is a long-term legal and financial commitment – usually 10 to 20 years minimum. It is suicidal to go that often amounts to a significant amount of its net assets, and an even greater amount of 10, over a period of 20 years without seeing what you’re jumping into. Look before you leap. Cost: Using a Franchise Tax FDD Evaluator Negotiation of Franchise Contracts |

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Published 11th Feb 2009 Posted by admin |
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Operations manuals franchise may seem intimidating, especially for a company that has never written a manual of operations before. Puzzled by the new business of franchising, with its legal requirements, the franchise documents, operations manuals, training programs, etc., many companies delegate responsibility to a high-priced franchise consultant. But using someone to write your franchise operations manual that literally knows nothing about your business, it makes no sense when all is considered objectively. And, in addition to a strong price of $ 20,000 or more to write the manuals, use of consultants brings another franchise, it is expensive – the legal risk. Here are some tips and strategies for writing a recognized, international franchise expert. Why Franchise Consultants Åre risky business The use of a franchise consultant to write a franchise operations manual also carries legal risk. The main legal risk is the inclusion of inappropriate subjects, chapters and policies that are company-owned, chain of manual operations. If these are included, as they often are in the franchise operations manuals, franchise very important the question of liability. Because the franchise Franchise consultants are not lawyers or experts, which are totally unrelated to this risk. Do not know that the bullets came from the franchise in question. As expert testimony and consulting franchise, usually find the franchise operations manual prepared by consultants franchise and do it yourself manuals that contain chapters or inappropriate themes. And because they are based on boilerplate manuals used for other clients, which (hopefully) all cases of hamburgers, for example, sought and was replaced by tax returns, the end result is not only dangerous – it is very mediocre . Giving a mediocre manual operations to a franchise holder that has invested hundreds of thousands (or in some cases, millions) of dollars in its franchise model is not the best way to ensure a good start or franchise relationship. The best practice approach to the development of Operations Manuals Franchise Three simple steps for writing a Franchise Operations Manual The second step is that the person (s) within your company who have responsibility for the preparation of samples of handwriting styles of operation, directions and instructions. With these, you can start writing each chapter of the manual through their extensive knowledge of the operations from day to day, week to week, etc aspects of your business. The third and final step is to have the franchise experts, because each chapter is read and commented on the professionalism and proficiency of the chapters of a franchise industry best practices and the franchise operator perspective. Abstract |

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Published 11th Feb 2009 Posted by admin |
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The starting point in the face of the franchise licensing is a business analysis to examine the legal aspects, and aspects of the business. In reviewing the legal issues, start with the following premise that applies to both. If you put someone into business (or allow them to use the name of your company / brand), this could constitute a regulated activity, subject to significant penalties for noncompliance. The guiding legal principle, along with business aspects of the sale of a franchise versus a license (discussed below) to answer most questions license vs franchise. The advice of competent counsel franchise is indispensable. BACKGROUND OF FRANCHISE AND BUSINESS OPPORTUNITY LAWS (1) franchise disclosure-registration laws, and The spirit of these laws is to require sellers to give potential purchasers sufficient information before the sale to make informed investment decisions can be made before money changes hands, the long-term contracts were signed and significant financial commitments carried out. Under federal regulations, a document Franchise (FDD), which cover twenty-three chapters and a hundred pages or more in length must be prepared and delivered to each prospective buyer at least 14 calendar days before signing the contract or the money paid. No matter what terms are used by parties to contracts or other documents to describe their relationship. For example, the contract may call the relationship a license, distribution, joint venture, independent contractors, etc., or the parties can form a limited partnership or a corporation. This is totally irrelevant in the eyes of government regulators, including the Enforcement Division of the Federal Trade Commission (FTC). Its focus is not semantics, but if a small number of defining elements are present or not. Today the industry is subject to a complex web of rules that differ from the federal level to state level and differ widely from state to state. Companies or individuals who claim to be called a “license” to renounce the legal standards are delusional and wrong, at least three reasons: (1) common sense – if it really easy, everyone would be that way. The 3000-plus businesses that are franchises are not stupid. Many of them can afford the best legal talent available. It is no coincidence that we are not a franchise and licensing; (2) Even if the relationship is not regulated under the law of franchises, business opportunity laws (discussed below) will apply, and comply with these will be much more expensive than going the franchise route, and (3) The analysis must include federal and state laws apply. All this reminds me of some financial planners who continue their clients the presentation of U.S. tax returns is not bound by its interpretation of the U.S. Constitution. Simply does not work that way. This does not mean licensing is not a viable option in foreign countries (outside U.S.) operations, in situations in which U.S. laws do not apply – these are but a small minority. Most transactions and contracts for U.S. cover the activities and the residents, so the franchise vs. license is an easy question to answer. The list of required elements of the definition is quite short, and although some franchise exemptions and exclusions are available, the legal framework of the franchise was designed to pigeonhole these relationships, whether a business opportunity or franchise box. Agreements contain a normal “control” provisions (right to audit, require reports, mandated suppliers, etc) and the presence of any control or assistance (operations manual, training, or other site type of assistance) is enough to satisfy these elements of the Rule. In fact, the title of the FTC Rule says it all: “The prohibitions and disclosure requirements relating to the Franchise and Business Opportunity Ventures.” Therefore, the focus must be on the box that it is better to use, not how to avoid the use of any cash. FREE THE BOX – THE RULES OF FEDSA As mentioned, this document is designed to give prospective buyers well in advance of the sale of information about the company, its financial situation, the draft contract, investment requirements, trademark rights, exclusive territories, etc. so decisions can be made before long-term contracts are signed. For companies trying to ignore the federal law, the FTC Act authorizes the Commission to recover civil penalties of up to $ 10,000 for each violation of the Rule, in addition to measures of consumer redress (the obtaining full refunds, cancellation of contracts), etc. Because each sale can involve multiple violations of various regulations, fines can be substantial and well beyond the cost of doing so from the start. Disguised sale of a franchise (franchise illegal) as a “license” may be the most expensive mistake a company ever does. Just check the record of applications for franchises in several states to see the large number of companies that fall into this trap. Began selling “licenses”, operating under bad advice, in a vain attempt to save money. Then, either for a lawsuit against the illegal sale or not a franchise. Or finally get competent legal advice that what actually has sold franchises are disguised, despite being called a “license”. Require government agencies to offer full rescission rights (to cancel the license, refund all the money that changed hands) to all persons who sold “licenses” to. Defenses that do not sell a franchise – just sold a license “is useless. In the end, they pay much more than have made the way it should have from the beginning. Not a pretty picture. STATE REGULATION OF FRANCHISING To mitigate these difficulties and achieve a uniform format, a group of Securities Commissions of different states adopted a Uniform Franchise Regulation, from 1977, known as the Uniform Franchise Offering Circular (UFOC) format. All states that require registration, followed by the franchise UFOC format, thick paper also contains 23 chapters of information. None of these states agreed to what was then known as the Federal Trade Commission disclosure of basic documents. To alleviate the difficult situation created by obvious UFOC vs. FTC format, the FTC allows companies to use the UFOC format as an alternate to its Basic Disclosure Document. In 2007, the Federal Trade Commission approved its own version of the UFOC format, known as the disclosure of documents or franchise FDD. FDD format is the format required in all states as of July 1, 2008. SUMMARY OF FRANCHISE THE CASE OF BUSINESS OPPORTUNITIES For a company that’s going the business opportunity route two documents can be prepared and if necessary, the FTC disclosure document base (if the business opportunity fits with the FTC definition of a business opportunity) and a state abbreviated document business opportunity. Additionally, you may have different deadlines to be observed: the FTC 14 calendar days before, and a business opportunity in the state after the reflection period. Bottom line of business opportunity – if you are a lawyer with a business opportunity or “license” from the client, to prepare for hundreds of billable hours, you just landed a big one. But if the company is paying the bills will be much less money to the franchise route. Prepare a single franchise in the records of a state or two, as the expansion efforts begin, and is essentially done. There are other factors to consider in the analysis vs franchise business opportunity, including the issue of liability (no doubt a higher risk in the franchise), but these are beyond the scope of this article is not intended to offer legal advice. Companies should consult with competent, informed legal counsel about the details of your particular situation before making any decision. ASPECTS OF THE ACTIVITY OF FRANCHISING VS. LICENSING OF BUSINESSES This, together with the complete package of training, implementation and support services offered by franchised businesses, a franchise that makes a product more attractive to the prospective buyer and a sale easier. The same applies to companies selling “licenses” and then switched to the sale of franchises. ” These firms report that they have attracted considerable interest and much more research to offer “franchises” compared to when it offers “licenses.” Thus, even from the point of view, the licensing of a franchise company in relation to the question is easy to answer. Also, as mentioned above, a “license” is almost always an excess in disguise, creating a time bomb significant legal issues if the FTC Rule (and corresponding state laws franchise record) is not follow. ASPECTS OF THE ACTIVITY OF FRANCHISING VS. BUSINESS OPPORTUNITIES OBSERVATIONS |

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Published 11th Feb 2009 Posted by admin |
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Over the past twenty-eight years as a franchise attorney, author, teacher and recognized expert in franchising, he helped companies enter and succeed in the field of franchising – the hope of every one to become the next “McDonalds” of their respective industries. Along the way, I have met and worked with an interesting group of founders of entrepreneurship. Clothing for water treatment, the franchise concept also incredibly diverse. Some of them interested me so that I considered buying a franchise myself. In two or three cases, began talks to discuss the possibility, but never progressed. I could not find the precise set of criteria to meet my requirements. After all, I had advised hundreds of franchise buyers, and developed sophisticated radar to detect the good, the bad and the ugly in franchise investments. In May 2002, my life changed dramatically as I took the step and became a franchise holder for the first time. I just finished a draft of franchise development for the San Francisco Peninsula, a company ready to enter the franchise. It operated a highly successful home improvement business specializing in a unique niche. Orientation of houses built in the 1960s to the 1980s that have old, flat and ugly interior doors, the company replaced all the interior doors to a new house, newly painted raised panel design doors, hinges and locksets. Your advertising mantra was “Replacement of America’s 1.16 billion of interior doors.” After interviewing a couple of franchises interested candidates who are not registered, the company became concerned about the sale of its first franchise. The sale of the former is usually the most difficult task facing any new franchise. No other franchise owners of a potential buyer can discuss the financial results, training, ongoing support and other issues regarding the franchise. In their absence, the sale of the former is difficult. After he was asked repeatedly when they could expect to sell the first franchise finally my hand and I jumped up to be offered for the mission. After discussing the project with my wife Linh Luu-Murphy, who agreed to take a break from her successful Napa Valley reflexology foot massage to help my business, our franchise agreement was signed May 22, 2002. Let’s examine the main assumptions and the factors evaluated in making the purchase of a franchise in my investment decision, and see how things worked out. INDUSTRY TRENDS Unlike other home improvement companies that focus on a single ticket high improvement (remodeling a kitchen, for example, can cost $ 50,000 and more) for a couple of thousand dollars ($ 2000 to $ 5000), a homeowner can make all the rooms throughout your home a major face lift by replacing your old, flat doors with new raised panel door design. Following 9-11 attacks and the country’s high security anxiety, I felt most people would never be nesting at home. A home typically represents the most valuable asset in the portfolio of a family. If the owner can be educated and motivated to improve the appearance and value of this asset by making a reasonable investment, sales are easy. Key chains for home improvements, such as Home Depot, realized this and are aggressively promoting the interior door replacement. However, it is not organized to meet the needs of the target market in a profitable way. The franchise company had discovered and perfected the “do-it-right” for this market and, indeed, welcomed the competitive bids from Home Depot and other large chains of home improvement. In my opinion, all this bodes well for home improvements in general and this particular franchise company. TOTAL INITIAL FRANCHISE INVESTMENT As operational fairly quickly. Linh from the time my wife and I signed the franchise agreement in late May 2002, secured the property in mid-July 2002, after completion of the improvements in training in August 2002 and began operating as a rocket in the first week of September 2002, approximately four months elapsed. We have reached a point in mid-October 2002, barely six weeks after commencement of operations, and began to accumulate an increasing balance in the business savings account. When we sold our franchise in September 2003, our internal work of replacement door swinging and rolling. Owners of residential housing negotiated on our position from six to eight weeks on the waiting list to get his old, ugly, flat interior doors replaced with new raised-panel, the interior designer and shinny door lock sets. The new owner paid $ 236,000 for our franchise, and received $ 235,000 from escrow after fees. Subtracting the $ 100,000 investment made a profit of $ 135,000 ordered. Not bad for the operation of the business just a year, and this does not include monthly operating income before the company was sold. REAL BUSINESS FRANCHISE MANAGEMENT EXPERTISE Normal working hours and days, sufficient income LEVEL – FRANCHISE FRANCHISE PROFITS AND PROFITABILITY Although this means that our employees had to work four hours ten days, which were very receptive to the idea. When you start on Monday and get all the orders for the week door installed on Thursday, everyone had a weekend three days each week, not only on an occasional holiday. Of course we do not have to work ten hours a day. I arrived in 10 hours and usually end at 4 pm – Monday to Thursday. The supervision of four employees, working 24 hours a week and have 3-day weekend off every week – in which to try to find another franchise! What about the financial situation? Take June 2003, our tenth month of operation, when we started interviewing a number of interested buyers. Sales were $ 47,000 less expenses of $ 35,500, income that has left $ 11,500 a month. Of course, other months varied, and the business was still in the implementation phase of development that operates with a team of four employees – but you get the idea. Using the results for the month of June and is multiplied by an annual twelve, who had entered the execution of the territory is only a select group of franchisees throughout the industry. Minimum number of employees LEASING AND LOCATION Due to the size of our facilities and the nature of the inner door of the place of business, three crews were possible and in line with what a crew at a time, that ultimately, then double triple sales. Also, because we were the first to enter the franchise system, we have chosen the very lucrative, exclusive territory, which stretched from Palo Alto, CA all the way to San Francisco, CA. Although it was never expanded the business beyond a single team, the “next steps” in the evolution of the main company in this area are the strong points of sale. The new owner of our franchise ultimately took the following steps and enjoy the crews of three weekly sales of $ 30K to $ 35K – which is more than $ 1.5 million per year. IMAGE AND LIFESTYLE Back at the office, I enter in the estimation of the information on our team and generate a contract proposal. Then I email or fax the contract to the client and wait for your deposit. Approximately 70% of the proposals that became the job. Customers called, gave me your credit card billing information, fax the signed contract and scheduled production week. By the time they sold the company in September 2003, turnover for residential housing in our position of six to eight weeks on the waiting list to get your interior doors replaced. He also ordered the new doors, lock sets, hinges, paint and accessories. Finally, I paid the bills. It was a very efficient company, a large cash flow, no billing and no waiting for payment. Looking back, I saw some very nice homes and met some very interesting people. The collection, production, painting and installation process was handled directly by the employees under the supervision of the contractor and therefore not involved in this issue – although I did go out with our crew of about three months for collection and installation of doors. In this way, I understand the process first hand, and this helped a lot in knowing how the job and cover the contingencies in the contract. TRUE VALUE OF FRANCHISING The best proof of franchise value reached in November 2002. I was in route, will drive our table full of door-jamb, power tools, lock sets, hinges, etc, to our larger facility employment, however, with our contractor, Scotty, who oversaw the team and franchisor adopted was our manager. Everyone was back in the shop, frantically cutting, sanding and painting the rest of the doors more than 100 for other jobs during the week. Knowing that it had taken the week of our fledgling business, Scotty contractor complained all week about his salary, saying he was not being paid enough. I explained many times, our cash flow would not support any increases at this time, had only been working for us a little over two months, and payment is exactly what we asked when we hired them. Scotty does not listen to their complaints and continued during the trip along El Camino Real to the customer’s home. We stopped at a red light, waiting to make a turn when he announced abruptly Scotty “I’m out of here, stop smoking.” Open the door, jumped out and walked quickly through the side of El Camino Real, leaving me stranded in a van a little larger than a UPS delivery truck. Scotty thinks that it is essential and plays were nothing but a hard power play for money. Looking back on all freshly painted on the doors of the van, I knew there was no way one person can install them. I completed my turn, pulled over and called the store with my cell phone. Our main gate cutting and better employee, Brian confirmed what we already knew. That could leave me and for the installation, but throw out all of our calendar week. Then I remembered something important. “That’s why I bought a franchise,” I thought, “we’re in business for ourselves, but not by ourselves.” Undoubtedly, the franchise company knows exactly what to do, and help us, its first franchise, as opposed to a problem that could paralyze or kill our new business. It was a short twenty minute drive, he had multiple crews, and so I called the founder, Mr. Interior door itself. The first thing I told Mike, after I related my situation was: “Do you think Scott will start a competing company? I assured him that it was not even remotely possible. From a business door usually cost more than $ 350,000, a large warehouse-showroom, power tools, truck and other things. Scotty, in addition to their tools, has no assets. There was even moved into our warehouse from the first day so he did not have to pay rent and lived check to paycheck. Mike quickly redirected me to the purpose of my call and asked his advice and help. Maybe a couple of installers on the door for the rest of the week, at my expense? Answer – No. What about a person for the rest of the day? Answer – No. What about a person by just a couple of hours? Same answer – no. Incredibly, Mr. Puerta said that Interior could not spare even a single person (including himself) for a couple of hours to help us. Therefore, no help – but what about counseling? Mike the only advice: call all our customers, including the one I was on the way to say we could not do this week and re-schedule all future jobs a week. Since I already had booked other jobs during the next two weeks, this would have been a disaster, not just our cash flow (payroll, rent and bills from suppliers that were due weeks), but for our customers who had already scheduled time off from work to stay at home as scheduled. That’s when I realized we were in business for ourselves. . . and by ourselves. After thinking about things going into the silence, I called the store and told Brian to me at the address of the customer for installation. I figured at least we charge $ 4000 and this work just to do the rest of the week. At the time Brian and I finished the day was over. We came back to the shop at 4 pm – quitting time for our construction workers. Our door job for the next day is not even close to being finished. The crisis was finally with us – I follow the advice of Mike, call all our customers and try to reschedule for next week? Linh and I decided on a different approach. We had a small reunion, explained the situation and asked the employees if it had been willing to work overtime, so our company is not going out of business. Also fully the concerns of our employees. Who had been working hard this week to help us achieve our ambitious goal. Our team leader, Scotty, was history, and they all had families and responsibilities at home. Under normal circumstances, we shall the proverbial creek without a paddle. Lưu Linh STYLE OF MANAGEMENT FOR THE FIRE Fortunately, we did not have that many employees, but each month there was an increased total of these benefits in our income statement. Me Linh questioned on the subject, reminding her door Mr. Interior employee meals provided only once every two months for a special occasion. Linh always had the same answer – “do not worry, it’s the right thing and if you ever need them, they will be there for us.” As part of his management style, Linh also see our crew day of installation of gates and doors hung next to the right. It was amazing to see this little Asian-American women carry solid core doors weighing as much as it did in the house of the customer and our right to install equipment – a clear morale booster. Linh said our crew “This boss likes to get involved.” Linh’s management style of our business remain in business and on the road in November. All employees immediately agreed to work overtime. I ordered pizza for dinner for all and worked from 5 pm until 1 am the next morning. This commitment was repeated over the next two days, which is nothing short of amazing because everyone had to report back to work at 7 am every morning. We have completed all the tasks scheduled for that week, our money and collected all the customers were very satisfied. In the next week, the company was on track, humming along, and strengthened by overcoming adversity. ABSTRACT It was definitely an effort to get the business established, finding the place, the right of workers, and navigating a new company on our own. But the challenges are a learning experience, and overcoming them was very rewarding. Although I have advised hundreds of people and businesses on the in and out of the franchise, expertise and experience in running my own franchise and interaction with the company restructured franchise my knowledge of the franchise relationship. |


