Chapter 8 Franchising Flashcards

1
Q

Define franchising

A

FASA defines franchising as an arrangement between two parties, where one is selling or granting a privilege and the other is purchasing or receiving the privilege to do business using the name and idea of the first party.

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2
Q

Types of franchising

A

Business-format franchise

  • The franchisor offers the franchisee a clearly defined package of deliverables and services, including a corporate identity, a fully functioning system to conduct business at optimal efficiency, hands on assistance.

E.g.

Quick service restaurants

Automotive services

Home repair services

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3
Q

Types of franchising

A

Product and trade name franchising

  • this is an arrangement in which a supplier supplies a product family to a dealer who may also take on the identity of the franchisor
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4
Q

Franchising models

A

The development model

-The expansion of the franchisor network

Company-owned unit

  • franchises retain at least one unit indefinitely to test market acceptance and iron out all possible glitches

Joint venture

  • business set up at arms length with prospective franchisees.

Good for BEE

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5
Q

Advantages of being a franchisee

A

On going advise, training, research and development.

Reduced capital outlay with increased profits

Brand awareness

Buying power

Infrastructure

Business synergy

Increased success rate

Exit strategy

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6
Q

Disadvantages of being a franchisee

A

Not completely independent

Restrictions of p/s on offer including price and geographical territory

Payment of ongoing royalties

Maintaining balance of management of restrictions and support between franchisee and franchisor

A damaged, system wide image can result in all franchisees performing badly

The term of franchise agreement is limited and usually not negotiable

Expensive and sometimes non existent franchisor services

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7
Q

Finding most suitable franchisee

A

FASA
Advertisements
Personal referrals
International franchise and Entrepreneur expo

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8
Q

Evaluating a franchising opportunity

A

Initial screening
-compile list and familiarize yourself with product and history

Assess the franchises history

  • how many sold? Hoe long have they been in operation? Talk to existing franchisees

The product or service

Financial aspects

-is it financially stable ? Investigate

Market research

Change of ownership

Franchisee support
-Determine amount of support available

Franchisee can expect

Operations and procedures manual

Assistance in finding the right franchisee facility

Guidance during establishment of new unit

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9
Q

Franchising a business

A
  • preliminary planning
    has the business been profitable for at least one year ?
    Are there clearly defined operating procedures and manuals
    Business processes have been standardized and simplified

Establish network potential

  • identifying target areas for expansion

Financial projections

  • dev pro forma financial statements

Setting up franchising fees

  • upfront fee
  • renewal fee
  • ongoing fee ( management service fee or royalty)
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10
Q

5 step franchising recruitment approach

A

Generate enquiries

-introduce and present yourself at seminars and expos

Set up follow up procedures

Invitation to a meeting

Enter into concrete negotiations

Formal agreement

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11
Q

The franchise package

A

The disclosure document

The franchise agreement

Operations and procedures manual

Cooling off period

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12
Q

The disclosure document

A
  • FASA requires prospective franchisees to be issuer with a DD.
  • responsibility of franchisor to issue but in self interest of the prospective franchisee
  • contains:

Directors and executives business experiences

Company’s track record

Description of franchise

Initial investment required

Ongoing payments due

Number of existing franchisees and their success rate

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13
Q

Franchise agreement

A

The founding document in terms of which the franchisee is licensed to operate the franchised business in accordance to a predetermined business system.

Contains : the parties involved (signatories)

Period of agreement

Set up requirements such as obtaining finance

The rights to sell or transfer ownership

Obligations to franchisor

Terms and conditions to termination of contract

Precise price, rental fees, commissions involved

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14
Q

Operations and procedures manual

A

The document that ensures operational consistency throughout the network

Should include:

  • an introduction to the franchise (general business)
  • step-by-step guidelines
  • the production equipment
  • all details regarding stockholding, systems and controls
  • the business operation where the franchisee must meet specific operational requirements
  • the accounting and administration system to be used
  • the duties of franchisor
  • industrial relations
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15
Q

COOLING OFF PERIOD

A

A cooling off period of 14 days must elapse between the day the Prospective franchisee receives the disclosure document and copy of franchisee agreement and the day on which the binding agreement can be entered into or which franchisor accepts any payment of franchisee .

Favors both franchisee and franchisor as it helps eliminate people who have not planned properly and helps the franchisee by eliminating pressure to buy.

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16
Q

Start up assistance package

A

Once FA is signed and upfront fee paid then prospective turns into a franchisee.

The start up assistance package helps iron out doubts to first business owners

17
Q

5 elements of Start up assistance package

A

Pre opening assistance

  • franchisee provided necessary finance now franchisor could assist in development of an action plan

Statutory requirements

  • franchisee needs help with licensing requirements

Staff election and training

  • franchisor helps with initial staff complement

Moral support

  • franchise should fully support franchisee, especially during first few weeks, a representative should be elected to spend time at franchisee and make sure everything is in order .

Opening promotion

  • the franchisor should design, develop and provide promotional material that will make target market aware of opening.

Franchisor should make standard advertising artwork available to franchisee

18
Q

Ongoing franchisee support

A

Training

  • a training schedule should be available

Group purchase arrangements

  • group buying arrangements could be made in behalf of the network

Marketing and advertising

  • advertising is financed through advertising fees levied to franchisee

Trouble shooting

Franchisee is bound to encounter routine problems where prompt assistance is crucial for cementing a franchise relationship

Market and product research

Franchise should use its network to gain information and formulate it into an appropriate strategy to build up the brand name

Administrative systems:

All aspects of daily running such as petty cash float should be covered my means of a checklist

Communication

The franchisor should enhance their success by providing formal/ informal means of communication

19
Q

Competition legislation and franchising

A

Competitions act of 1998 regulates activities such as:

  • Price setting arrangements
  • no penalty, sanction or disincentive is meted out to franchisees
  • Tying arrangements
  • Franchisors may not insist that the franchisee should enter into a range of other agreements
  • Exclusive dealing
  • Franchisees may not be prevented from dealing with third parties if goods of a similar quality are available and the franchisor’s trade mark dies not suffer any harm

-Territorial restrictions

Franchisors need proof that territorial restrictions will be beneficial to competition

  • Clauses protecting intellectual property and know how

Restricting Franchisees from engaging in a similar trade, business or occupation only acceptable if it protects a legitimate interest.

20
Q

International Franchisees

A

Assess feasibility

  • if franchise is established and there is room for more capacity and resource deployment then international borders may be widened

Develop a master license

  • a franchise that grants the licensee the rights to open up a business in an entire country . The licensor then sells that license to master licensee in another country

Asses the county

  • size of potential market?
  • is there sufficient people there to buy into franchise
  • are the attainable margins sufficient to cover expenses

Investigate the licensee

  • can they uphold the system of the franchise and its network
  • do the ethics’ of the licensee overlap with the ethics of the franchise
21
Q

Sipper systems for international franchises

A

Legal professionals with international links and knowledge of international legislation

Training consultants with international links and expertise

Financial consultants with expertise in international accounting procedures and principles

FASA which is a member of the world franchise council and has many links with franchise associations around the globe

22
Q

Franchising industry sectors

A

Pet services

Education and training

Automotive franchises

Cleaning franchises

Sports and recreation