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FranchiseKnowHow
PO Box 714
Stony Brook, NY 11790
631-246-5782
ed@franchiseknowhow.com

 

 

Information and Advice That Matters
 February 2006

In This Issue
-- FRANCHISE RELATIONS "RULES TO FOLLOW."
-- HOW FRANCHISEES CAN IMPROVE FRANCHISE RELATIONS
-- WHAT SETS LEADERS AHEAD OF THE PACK
-- FKH INTERVIEW: HAROLD KESTENBAUM, FRANCHISE ATTORNEY
-- START-UP YOUR FRANCHISE THE RIGHT WAY

Ed Teixeira, Publisher - Carol Moccia, Editor

FRANCHISE RELATIONS "RULES TO FOLLOW."
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Franchise Relations is not Public Relations

Conventions, newsletters, birthday cards, teleconferences, bulletins, franchise recognition awards, grand opening flowers, CEO visits, franchise advisory committees,etc. contribute to positive franchise relations but are ineffective unless resting upon a solid foundation.
Consider the fact that franchisees would obviously prefer to have a profitable franchise with solid resale value and obtain the services they pay for versus mediocre financial results with all the frills.

RULE NUMBER 1: THE FRANCHISE MUST BE A SUCCESS

There needs to be a positive relationship between franchisee's earnings and their investment, if the franchise program isn't working fix-it. Accountants are a good resource to use. Use your accounting firm to review the franchisee financial model. Survey and gather franchisee financial results to make sure that your franchise program works.

RULE NUMBER 2: DELIVER WHAT YOU PROMISE

As franchisor deliver what you promise. Don't raise false expectations in the UFOC, in franchise sales literature or during discovery day visits by prospective franchisees.

RULE NUMBER 3: FOCUS ON A SOUND FRANCHISE PROGRAM FIRST

Focus on building a sound franchise program first. Some franchisors introduce PR activities and other soft benefits before establishing a solid franchise program. Concentrate on providing services to the new franchisees before tooting your horn.

RULE NUMBER 4: FRANCHISE LEADERSHIP MUST UNDERSTAND FRANCHISING

Its important that franchisor management understands and is knowledgeable about franchising. The franchisor needs to know what it means to be a "good" franchisor. Prospective franchisees are advised to contact other franchisees. Franchisors should contact successful franchisors in order to gain insight into how they have built successful franchise programs.

RULE 5: FRANCHISORS SHOULD HELP A STRUGGLING FRANCHISEE WHO IS DESERVING

There is nothing wrong with helping a franchisee that is having problems, but has followed the franchise program. If the effort is there, it makes good business sense to assist these franchisees. Use an action plan to document responsibilities and determine what the problems are. Could the problem be unforeseen market conditions that impact a franchisee? Consider royalty relief with a payback schedule where appropriate. The important point to keep in mind is that assisting a franchisee who is committed to the franchise program is beneficial.

RULE NUMBER 6: MEASURE THE RESULTS OF YOUR FRANCHISEES

In order to have a sound franchise program, its important to monitor the results of your franchisees performance. A franchisor won't know how well their franchise program is functioning unless they see results. Use surveys, tax returns or franchisee income statements to measure your franchise program.

In summary, good franchise relations must be built upon a solid foundation. Franchisees must achieve results that are consistent with their expectations and investment. Without these results the franchisor will encounter obstacles on the road to positive franchise relations. " The public is like a piano. You just have to know what keys to poke." Al Capp

HOW FRANCHISEES CAN IMPROVE FRANCHISE RELATIONS
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Usually, its the franchisor that is held responsible for maintaining postive franchise relations. However, franchisees have a responsibilty as well. This article shows how franchisees can contribute to positive franchise relations.

"The secret of business is to know something that nobody else knows" Aristotle Onassis

Click here to learn more

WHAT SETS LEADERS AHEAD OF THE PACK
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Read an interesting article by Paul B. Brown of the NY Times that reviews three business books dealing with leadership.

" Wise are those who learn that the bottom line doesn't always have to be their top priority" William A. Ward

Click here to read the article

FKH INTERVIEW: HAROLD KESTENBAUM, FRANCHISE ATTORNEY
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Harold Kestenbaum is a franchise attorney with Farrell Fritz, LLC, based in their Uniondale, NY office. He has been practicing franchise law for 29 years.
FKH: What are some of the more significant changes in franchising you've seen over the past 29 years?

HK: Many more woman are involved in franchising today versus years ago. Also, government regulations have become more rigid and franchising is more carefully scrutinized by government officials. Another major change has been the increase in international franchising. Twenty years ago bringing a franchise to Canada was considered a significant move. Now franchising has reached everywhere. Also, a number of countries have attempted to duplicate the United States franchise model in terms of structure and regulations.

FKH:What about other changes?

HK:The Internet has had a dramatic influence on the way franchises are marketed. One example is the impact on franchise trade shows. Years ago there were more franchise shows compared to today.

FKH: What advice would you offer new franchisors?

HK: Be sure to be well capitalized. Many good franchise concepts fail because of a lack of capital. Also, franchise candidates are more sophisticated versus years ago. They have access to more information and advice, and that includes evaluating the financial capability of a franchisor.

FKH: What advice would you offer a prospective franchisee?

HK: Use a franchise attorney to review the franchise agreement. Don't rely on a general practice attorney. Consider having an accountant review a franchisor's balance sheet.

FKH: There are some impending changes in terms of franchise disclosure scheduled to take place in the near future. Will these changes affect franchising ?

HK: Probably the most significant change will be that a franchisor can provide cost information to a prospective franchisee without it being considered an earnings claim.

Harold, thanks very much for your comments.

Harold Kestenbaum can be reached at 516-227-0700 or hkestenbaum@farrellfritz.com 

" The toughest thing about success is that you've got to keep on being a success." Irving Berlin

START-UP YOUR FRANCHISE THE RIGHT WAY
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I've known a number of new franchisors who started their franchise program only to become stalled in their efforts. In many cases the franchisor has the tools such as the UFOC, operations manual and franchise sales kit but doesn't know where to go from there. The analogy would be giving someone the tools to build a home when they don't know how to use them.

I've always taken the position that franchise operations represents the real nuts and bolts of franchising. Constructing a franchise agreement without having the experience or expert advice about selling franchises can be a mistake. Not knowing how prospective franchisees think, react and deal with specific issues can be a disadvantage when drawing up the basic terms of a franchise agreement. With all due respect to my colleagues in the legal profession I don't know of any who have sold franchises.

The important point to be made is that there is a lot more to franchising than being equipped with a franchise agreement and a manual. Its knowing how to prospect franchise candidates, where to advertise, how to negotiate certain terms of the franchise agreement and how to set the right level of expectations for a franchise prospect.

My suggestion to the new franchisee is to learn about about franchising in-depth before putting your program together. Consider engaging the services of a highly skilled and experienced franchise advisor or consultant before having your UFOC done. Spending 1-2 full days with a franchise expert and focusing on franchise operations and the various aspects of franchising can be in-valuable. After you've done this you'll be better equipped to construct your franchise documents and have your operations manual done.

" Informed decision making comes from a long tradition of guessing and then blaming others for inadequte results." Scott Adams