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8/8/2019 Franchising 111
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A. Simple definitions of franchising
B. Licensing the system & the Proprietary Marks
C. Franchising origins & formats
D. Types of Franchising Agreements
E. Franchise search and selection criteria
F. Franchising strategies
G. Advantages & Disadvantages of Franchising
Contents
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1. Franchising is a unique System for expanding a certainbusiness .
2. Franchising is a Strategy for distributing goods & services.
3. Franchising is a Legal & Commercial Relationshipbetween the business owner (Franchisor) and the businessoperator (Franchisee).
4. Franchising involves a License to operate a business usinga known Brand name and Proprietary Marks.
Simple definitions
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All Tangible Business components (Decoration, Equipment, POS,signs, Furniture, etc)
The Operations Manuals
The Know How Techniques
The Training (classroom & on the job)
The Support (Business Plan preparation, Store Location, Store design,Equipment purchasing, Recruiting, Marketing, Operations,
Financial, ongoing support services )
Seminars & workshops
The System in Franchising
Trade Name (s)
Trade Mark (s)
Patent (s)
Logo (s)
Emblem (s)
Motto (s)
Other Proprietary Marks / copyrights
The Proprietary Marks in Franchising
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Franchising takes place when the owner of the unique &distinctive business (FRANCHISOR)
Licenses
To the new operator (FRANCHISEE) to use its Trade name,Proprietary marks and system according to the terms ofthe Agreement (FRANCHISE AGREEMENT) and for certainfees.
Franchising from a Legal Point of view
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LICENSE
FranchisOR System Proprietary FranchisEE
Marks
Must be in a written form
For a specific region
For a limited time frame (term)
Should specify whether exclusive or not
Defined number of stores
May vary in case of Agreement breach
In Exchange for
Initial Franchise Fee
Royalty Fees
Other Fees
The Grant of Rights from franchisor to franchisee
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RECEIVING Franchise Fee & Royalties
FRANCHISOR License FRANCHISEE
GIVING the License for System & Proprietary Marks
The Franchise relationship : The Exchange
Company owned outlets
Agency
Distributorship
Licensing
Partnership / Joint venture
Other Forms of Business Expansion
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Franchisor
Franchisee
Franchise Agreement
License
System
Proprietary Marks
Initial Franchise Fee
Royalties
Key Terms so far
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Middle-Ages The origins of the word are French.Franchise was the synonym of grantedprivilege
1858 Singer (famous sewing machines brand )was the first to sell rights to distribute themachines & train customers.
1950s Coca-Colas Expansion by shifting theburden of manufacturing & distributing toFranchisees
Same with Famous Car Dealers and OilCompanies (Convenience stores)
The Origins of Franchising
(a) Business Format Franchising
(b) Product Format Franchising
The Two Formats of Franchising
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Franchisor may or may not be a Manufacturer
License covers system + Proprietary Marks
Franchisee Follows strict & uniform way to operate &promote Franchise
Example : Mc-Donalds, Pizza Hut, Starbucks.
(a) Business Format Franchising
Franchisor is Typically a Manufacturer
License covers Proprietary Marks only
Franchisee may or may not use same marketing effortsas Franchisor
Example : Ford, GM, Coca-Cola
(b) Product Format Franchising
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Example of Franchise Sectors and BrandsSubway
Debenhams
Kwik Kopy
Citroen
Fuddruckers
Hilton
Pizza Hut
GNC
5aSec
Ford
Chillis
Marriott
Pepsi-Cola
McDonalds
Zara
Avis
General Motors
Applebee's
Sheraton
Coca-Cola
Fast Food
Retail
Service
Automotive
Restaurants
Lodging
Beverage
1. To own, register & protect the Proprietary Marks
2. To be an excellent communicator
3. To constantly seek manageable expansion
4. To constantly develop the system (R&D) & solve
problems5. To ensure consistency in service / product delivery
6. To Employ experienced staff & invest enough capital
7. To support Franchisees & provide training & manuals
8. To maintain value for Franchisees
9. To abide by the Franchise Agreement
The Franchisors obligations & duties
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Allocate Time and effort to operate the Franchise
Use Proprietary Marks & system appropriately
Abide by confidentiality & non competency agreement
Train and Motivate team members
Pay royalties & other dues on time
Avoid breaching the Franchise Agreement
The Franchisees obligations & Duties
Commitment to franchise partnership
Commitment to learn
Commitment to succeed
Commitment to cooperate
Commitment to communicate
Commitment to serve customers
Commitment to develop business & staff
Commitment to be unique
What kind of Commitment is requested ?
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(A) Single Unit Franchise Agreements (SUA)
(B) Multi Unit Franchise Agreements
i Master Franchise Agreement (MFA)ii- Area Development Agreement (ADA)
iii- Multiple single units Agreement (MSU)
Types of Franchising Agreements
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SUA MFA ADA MSU
X1 X3 X1 X3
X X X X X
X2 X4 X2 X4
OR OR
X1 X2
X X
A B X1 X2
OR
A B
X
C D
Types of Franchising Agreement (contd)
Master Franchise Agreement
Master Franchisee
Area Development Franchise Agreement
Area Development Franchisee
Multi Unit Franchise Agreement Multi Unit Franchisee
Single Unit Franchise Agreement
Single Unit Franchisee
Trademarks (Marks, Brand Name, Logo,)
Additional Key Terms
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Internet
Magazines
Exhibitions
Franchise Associations
Newspapers
Franchise Directories
Referrals
Existing Franchises
Where to look for a Franchise ?
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1. The Franchise costs and expected returns
2. The Brands Equity
3. The nature of the franchise : Demand and competition
4. The Franchisors Background and commitment
5. The Franchisors support
6. The Degree of personal Involvement
Which Franchise to choose : Main selection criteria
The Franchise Information Package (The franchise kit)
The Uniform Franchise Offering Circular (UFOC)
The Franchise Agreement
The Main Franchise Documents to review
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Passion about the franchise business
Good financial capabilities
Business Acumen
Desire to succeed
What is the franchisor looking for ?
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(a) Expanding by selling Franchise Rights to prospectFranchisees
i- Offering Rights only
*)Master Rights
**) Area Development Rights
***) Single Rights
ii- Offering Turn-key solutions
iii- Offering (i) or (ii) with Full or partial financing
(b) Expanding by establishing and operating new stores
(c) Expanding by a combination of (a) & (b)
(d) Expanding thru conversion strategy(e) Expanding thru Retro-Franchising
Types of Franchising Strategies
Its ultimate Goal is increasing profitability, distribution andBrand equity
It offers a cost effective mean of business expansion as itrequires minimal capital commitment from Franchisor
It is an optimum method to reach International Markets whereFranchisor has no knowledge or experience .
It offers sometimes a Complete business solution for nonexperienced operators
It offers several expansion alternatives
It offers an opportunity to stimulate entrepreneurship at arapid pace
Why would we consider Franchising a successful strategy ?
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1. Proven & tested concept
2. Reduces the risk of failures associated with newbusinesses
3. Operating under a recognized brand name
4. Faster learning curve
5. Start-Up Assistance
6. Easier for obtaining Financing
7. Collective purchasing power
8. Synergy created by associating with Franchisees
Advantages of Franchising
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The Statistics supports Franchising
1. Lack of Business Experience
2. Shortage of capital
3. Bad location for business
4. Bad Management of Inventory
5. Over Investment in Fixed Assets
6. Absence of Financing options
7. Use of capital for personal purchases
8. Competition
Main reasons for failures of small projects
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Franchisee is committed to pay Franchise Fee & Royalties
Franchisee has to report constantly to Franchisor
Some Lack of independence & Freedom
Limited Geographical Area & defined Franchise term
Control over permitted products & services
Major Franchisor problems may someday affect your business
Disadvantages of Franchising