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