Franchises and licenses are both business agreements in which certain brand aspects are shared in exchange for a fee. However, a franchising agreement pertains to a business’s entire brand and operations, while a licensing agreement only applies to registered trademarks.
What is the difference between franchising vs licensing?
Another difference between franchising vs. licensing is the amount of control that can be exerted by the seller over the buyer. In a franchise agreement, the franchisor can lay out specific guidelines for how the franchisee markets the business, uses brand trademarks, where the business is located and how the business is operated.
Is licensing or franchising the best way to start a business?
Some business opportunities offer the best of licensing and franchising. They offer tools or training to help you start your own business, but usually at a lower cost and with fewer restrictions than a franchise. Many vending companies, for example, offer support and training but have no royalty or franchise fees.
What is a franchisee required to pay to the franchisor?
The franchisee is required to pay to the franchisor an upfront fee known as an initial franchise fee and on-going fees known as royalties. Unlike a license agreement, franchise agreements are intended to duplicate a brand, its business model, and its on-going operations.
What is a franchisor and how does it work?
The franchisor is the owner of a business. The franchisor sells the rights to their brand — including products and services, intellectual property and more — to a franchisee, who will open up a separate branch under that brand’s name, which is essentially a duplicate of the original business.
What are the similarities between franchising and licensing?
Is franchising a form of licensing? Franchising and licensing are two different business models. However, both models involve you allowing another individual to use your intellectual property, such as your brand name, in exchange for payment.
What are the similarities and differences between chains and franchising?
Simply put — within a chain business, a parent company owns each location. With a franchise, different stores or branches are owned by separate individuals who are solely responsible for daily operations.
What are the similarities between franchise and corporation?
Franchises and corporations may be the same genre of businesses but with different growth strategies. A franchise that's incorporated enjoys the same legal protections as any incorporated business. A franchise is owned and operated by an entity but operates under license from the parent company.
What are the similarities between franchising and management contract?
A management agreement is similar to a franchise agreement in the sense that it allows another party to operate one of your businesses. However, you will maintain ownership of the business, but the operator will be responsible for the day-to-day running of the business.
Is McDonald's a franchise or chain?
Welcome to McDonald's Franchising Approximately 93% Of McDonald's restaurants worldwide are owned and operated by independent local business owners. The status of franchising in the markets where we currently do business is described on the specific pages identified by market below.
Is Starbucks a franchise?
Starbucks Coffee doesn't franchise. Even though franchising is a classic, successful growth strategy for myriad beloved, familiar brands, Starbucks does not grant franchises. It's not because franchising isn't a time-tested model for growth. Many companies offer franchises.
Is Burger King a franchise?
Nowadays, Burger King is one of the top five food franchises in the world in terms of number of locations, and second to only McDonald's when it comes to largest burger franchises.
What is the difference between a franchise and a business?
The main difference between franchising and buying an existing business is the level of control you'll have over your business. A franchise is a business model where one business owner (the franchisor) sells the rights to their business logo, name, and model to an independent entrepreneur (the franchisee).
Does a franchise own the business?
In franchising, a franchise owner partners with a corporate brand to open a business under the brand's umbrella. The franchisee owns and operates that location using the franchisor's brand name, logo, products, services and other assets.
What is meant by franchising?
A franchise (or franchising) is a method of distributing products or services involving a franchisor, who establishes the brand's trademark or trade name and a business system, and a franchisee, who pays a royalty and often an initial fee for the right to do business under the franchisor's name and system.
Is franchise agreement same as operating agreement?
A franchise agreement is similar to an operating agreement in some ways, but where an operating agreement provides structure for the business and its members, the franchise agreement is a contract between two separate parties, the franchisee and the franchiser.
What is involved in a franchise agreement?
A franchise agreement is a contract under which the franchisor grants the franchisee the right to operate a business, or offer, sell, or distribute goods or services identified or associated with the franchisor's trademark.
What is the difference between franchising chains and licensing?
Franchises and licenses are both business agreements in which certain brand aspects are shared in exchange for a fee. However, a franchising agreement pertains to a business's entire brand and operations, while a licensing agreement only applies to registered trademarks.
What are the differences among an independent business a chain and a franchise?
Chain Restaurant vs. In a chain business, one parent company owns all of the business locations, whereas independent owners operate individual stores in a franchised business concept. With a chain restaurant, one company handles all of the management for the entire business.
What is the difference between individual ownership chain ownership and franchises?
Franchises are not the same as chains As already mentioned, franchises are typically owned by local individuals. Chains are not. Chains are owned by corporations and do not sell the rights to use their brand name and proprietary systems. Examples of chains include In-N-Out Burger, Chipotle, and Best Buy.
What's a chain?
1a : a series of usually metal links or rings connected to or fitted into one another and used for various purposes (such as support, restraint, transmission of mechanical power, or measurement) b : a series of links used or worn as an ornament or insignia.
What is franchising?
Franchising is a partnership in which one party allows another to borrow its business model or brand name. This is usually done at a fee. The party which lends its name or business model is called the franchisor, while the party paying for the permissions is the franchisee.
What is licensing?
Licensing is also a legal partnership between two parties. In this type of arrangement, one party (the licenser) sells the rights for the use of its intellectual property to the licensee. The licensee can then manufacture the products of the licensor, while paying royalties to the licensor.
5 Differences between franchising and licensing
Although their definitions sound similar, there are noticeable differences between franchising vs. licensing.
Finding Licensees to Grow Your Business
The process of finding licensees is similar to finding franchisees. You want to create marketing material and website content that explains the opportunity and benefits for the buyer.
What is the difference between licensing and franchising?
Difference Between Licensing and Franchising. Licensing refers to an arrangement between licensor and licensee where latter party would acquire the right to use products and goods where the ownership remains with the licensor whereas Franchising refers to an arrangement between franchiser and franchisee where the latter will enjoy the ownership ...
What is franchising agreement?
Franchising: It is an agreement between two parties where the , one party (henceforth referred as the franchisor), permits another party (henceforth referred as the franchisee) to use its brand name or business model for a fee in order to conduct the business as an independent branch of the franchisor. Licensing: It is an agreement between two ...
What is Licensing?
To understand Licensing, let us take the example of Walt Disney. It is the registered owner of cartoon characters like Mickey Mouse, Donald Duck, etc., these characters are nothing but the outcome of an artist’s imagination which is now popular around the world. There are many merchandises which bear these characters on it; like bags, cups, bottles, etc.; now Walt Disney is not the sole manufacturer of this merchandise. Hence anyone apart from Walt Disney manufacturing these products enters into an agreement with the former to gain a right to use these characters on its merchandise for some consideration & sell the same. This kind of arrangement is referred to as licensing.
What is a license agreement?
Licensing: It is an agreement between two parties where the, one party (henceforth referred to as the Licensor), sells another party (henceforth referred to as the Licensee) the rights to use its intellectual property or manufacture the licensor’s products in exchange of royalty.
Who is governed by the licensor's terms of use?
The licensee is governed by the licensor’s terms of use as prescribed in the licensing agreement for the licensed product. Licensor, however, has no autonomy over the business of the licensor
Is franchising a subset of licensing?
Though both share similar advantages, licensing can be called a subset of franchising; i.e. a typical franchising arrangement would involve numerous licensing agreements to transfer the use of intellectual property rights. Franchising is a much broader concept since it involves a greater degree of control by the franchisor.
What is franchising?
A franchise is a business agreement between a franchisor and a franchisee. The franchisor is the owner of a business. The franchisor sells the rights to their brand — including products and services, intellectual property and more — to a franchisee, who will open up a separate branch under that brand’s name, which is essentially a duplicate of the original business.
What is franchising a franchise?
Franchising is a deeper, more complicated business relationship and agreement than licensing. A franchisor retains control over how their brand is used and how each franchise under their name is operated.
What is the difference between a franchise and a license?
However, a franchising agreement pertains to a business’s entire brand and operations, while a licensing agreement only applies to registered trademarks. Franchises typically work best for service-based businesses, while licenses are more conducive to product-based businesses. A licensee has more control over how they run their business compared to a franchisee, whose business will be dictated by the franchise owner (franchisor). However, a franchisee will also receive significant guidance and training from the franchisor.
Why is franchising important?
Franchising also has the benefit of a shared relationship. The franchisor gets to scale their business rapidly while minimizing some of the work , which is instead done by franchisees. Additionally, the franchisee works with the franchisor to manage the business and learn business skills that they may not know already.
What are the pros and cons of becoming a franchisee?
One of the pros of becoming a franchisee is all the benefits of being a self-employed business owner without the risks of starting a new business. Franchises come with the bonus that they’re already a proven business model with a pre-established customer base.
What is a licensee?
Licensing, on the other hand, is a limited, legal business relationship where a specific party is granted rights to use certain registered trademarks of a brand. The business relationship is between the licensor (the one who owns the trademarks) and licensee (the one who is granted rights to use them).
How much does it cost to franchise a business?
In comparison to a license, a franchise will seem much more expensive and complicated. Initial franchise fees can cost between $10,000 and $50,000 — then there are the ongoing fees to keep in mind. This might seem exorbitant, but it’s important to remember that you’re getting access to an entire business. In comparison, a licensing agreement only gives you access to use specific trademarks in certain ways. So, a license will be cheaper and less complicated, but it also gives you access to a lot less.
What is franchise ownership?
With a franchise, you are investing in an established business, and you are given specific instructions on how to operate it and receive ongoing support and training to ensure success. With franchise ownership, you are committed to following the franchisor’s system, branding and operating procedures. You are also restricted to do business within a specific territory. Franchising offers investors a detailed road map for success.
What is licensing in business?
With licensing, you are obtaining the rights to a certain asset. It’s more like ordering something à la carte. That asset can be part of a bigger business. You can control the business as you wish and use the licensed asset as agreed on in a contract with the licensor.
What is IFPG certification?
IFPG trains individuals to become Certified Franchise Consultants and earn money selling franchises. Franchising and licensing both offer business opportunities with some of the work already done for you, but that doesn't mean they're exactly the same. Franchising is more like a full-service package. Think of it like ordering from ...
Why do franchisees lose control?
There is a loss of control because franchisees must follow the franchisor’s system. But in my experience, many people invest in franchises for that very reason. Most of us can name several examples of franchised businesses without much thought. After all, franchised businesses are all around us.
What is a license agreement?
Licensing agreements run the gamut from obtaining the right to use software and apps to using the name or brand of another company to sell products. To give an example, Disney licenses the use of its beloved characters to companies that sell products such as t-shirts, lunchboxes and kids' pajamas.
What are the elements of a franchise?
In legal terms, three elements distinguish a business as a franchise: trademark license, degree of control and payment of an initial fee. With these three factors present, a franchise is required to comply with franchise laws. Every franchise must issue a franchise disclosure document (or FDD).
How to decide what type of business is right for you?
Whether licensed or franchised, the most important part of deciding on what type of business is right for you is by looking at the big-picture stuff. Are you excited about it? Will it suit your lifestyle? Will you make a good return on your investment? These are things you can find in both structures, so you owe it to yourself to do your due diligence.
What is the difference between a licensee and a franchisor?
Methods and systems: Franchisors dictate their own methods, while licensees can develop their own.
What is corporate franchising?
Corporate franchising involves an organization that seeks successful franchise planning and operation. It has franchise disclosure-registration laws, which define how the business operates, and business opportunity laws, which describe regulations on how the business runs.
What Is a Franchise Agreement?
Similarly to a license agreement, a franchise agreement is a contract. The franchisor has more control over franchisees than a licensor does. However, franchise agreements have specific directions on how the franchise operates and have specifications on the type of marketing franchisees attempt.
What is a licensor in a licensing agreement?
When it comes to licensing agreements, the licensor gives the licensee the rights to sell goods, use patented technology, or use a brand name or trademark. In exchange, the licensor receives payments from the licensee. These licenses are typically non-exclusive so competing companies can serve the same market.
What are the benefits of a license relationship?
Benefits of License Relationship. Licensing agreements are usually more flexible and are more collaborative. Licensors can answer questions, suggest opportunities, and warn you of complications . They do this while giving you the freedom to operate in your own studio with your clients.
What are the characteristics of a franchise?
There are certain characteristics between a franchise and license: Marketing plans: Franchises have common marketing plans, while licensees determine their own marketing . Methods and systems: Franchisors dictate their own methods, while licensees can develop their own.
How many parts are there in franchising?
According to the Federal Trade Commission, there are three parts to franchising:
