Franchising Flashcards

1
Q

Franchising

A

a marketing system revolving around a two-party legal agreement, whereby the franhsiee conducts business according to terms specified by the franchisor

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2
Q

Franchisee

A

The party in a franchise contract who is granted selling and other privileges whose power is limited by the franchising organization

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3
Q

Franchisor

A

the party in a franchise contract who specifies the methods to be followed by the franchisee

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4
Q

Franchise contract

A

the legal agreement between franchisor and franchisee

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5
Q

Franchise

A

the privileges in a franchise contract

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6
Q

Product and trade name franchising

A

a franchise relationship granting the right to use a widely recognized product name

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7
Q

Business format franchising

A

the franchisee obtains an entire marketing system and ongoing guidance from the franchisor

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8
Q

Master licensee

A

firm or individual acting as a sales agent with the responsibility for finding new franchisees within a specified territory

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9
Q

Multiple-unit ownership

A

a situation in which a franchisee owns more than one franchise from the same company

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10
Q

Area developers

A

individuals or firms that obtain the legal right to open several outlets in a given area

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11
Q

Piggyback franchising

A

the operation of a retail franchise within the physical facilities of a host store

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12
Q

Three alternative franchising systems

A

Franchisor is a producer or creator -Franchisee is a wholesaler, such as a soft drink bottler

Franchisor is a wholesaler
-Franchisee is a retail establishment, such as a hardware store

Franchisor is a producer or creator
-Franchisee is a retail establishment, such as a fast-food restaurant

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13
Q

Pros of Franchising

A

Probability of success
Training
Financial assistance
Operating benefits

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14
Q

Cons of Franchising

A

Franchise costs- Initial franchise fee, Investment costs, Royalty payments, Advertising costs

Restrictions on Business Operations

Loss of independence

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15
Q

Pros of Franchising from the Franchisor’s Perspective

A

Reduction of capital requirements

Increase in management motivation

Speed of expansion

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16
Q

Cons of Franchising from the Franchisor’s Perspective

A

Reduction in control

Sharing of profits

Increase in operational support costs

17
Q

Three sources of information on a Franchise

A

Independent, third-party sources
Franchisors themselves
Existing and previous franchisees

18
Q

Basic Requirement:

A

Franchisors must furnish potential franchisees with written disclosures providing important information about the franchisor, the franchised business and the franchise relationship, and give them at least ten business days to review it before investing.

19
Q

Disclosure Option

A

Franchisors may make the required disclosures by following either the Rule’s (FTC Rule 436) disclosure format or the Uniform Franchise Offering Circular Guidelines prepared by state franchise law officials.

20
Q

Coverage

A

The Rule primarily covers business-format franchises, product franchises, and vending machine or display rack business opportunity ventures.

21
Q

No Filing

A

The Rule requires disclosure only. Unlike state disclosure laws, no registration, filing, review or approval of any disclosures, advertising or agreements by the FTC is required.

22
Q

Remedies

A

The Rule is a trade regulation rule with the full force and effect of federal law. The courts have held it may only be enforced by the FTC, not private parties. The FTC may seek injunctions, civil penalties and consumer redress for violations.