Franchise FAQ

how is franchise formed

by Elisabeth Schaefer MD Published 1 year ago Updated 1 year ago
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How Is a Franchise Formed: Everything You Need to Know

  • Step 1: Weigh the Pros and Cons
  • Step 2: Choose the Right Franchise
  • Step 3: Form a Limited Liability Company (LLC) or Corporation
  • Step 4: Do Research on Market Conditions and Franchise Opportunities
  • Step 5: Create a Business Plan
  • Step 6: Secure Financing
  • Step 7: Sign the Franchise Agreement

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.

Full Answer

Can you make money starting a franchise?

The franchisor doesn’t actually make much money if any at all from the upfront fee that a franchisee pays to purchase a franchise business. The investment cost of a franchise opportunity is simply there to cover the cost for the franchisor in terms of bringing a new franchisee on board. Making strong investments in new franchisees will ensure they get off to a great start. The following fees are usually covered:

What to consider before buying a franchise?

What to Consider Before Buying a Franchise

  • Make Sure Your Family is On Board. Owning a franchise—or a business of any kind—is truly a family affair. ...
  • Count Your Cash. ...
  • Reach Out to Other Franchisees. ...
  • Do Some Soul Searching. ...
  • Test the Product. ...
  • Understand What You’re Getting Into. ...
  • Talk to a Franchise Consultant. ...
  • Come Up With an Exit Strategy. ...
  • Consult With Franchise Experts. ...
  • Do Your Due Diligence. ...

What to know before you buy a franchise?

If you’re interested in franchising, you should explore the following:

  • Any and all existing reports: Now’s the time to put your detective hat on. To start, get a Uniform Franchise Offering Circular (UFOC). ...
  • Associated rules and regulations: Every franchise is different. ...
  • Contracts: The contract between the two parties usually benefits the franchisor more than the franchisee. ...

Can I make money with a franchise?

When it comes to making money franchising, and if your franchise program is built right (hint, hint), you may have additional sources of revenue built into your franchise program.

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What Is a Franchise?

A franchise is a type of license that grants a franchisee access to a franchisor's proprietary business knowledge, processes, and trademarks , thus allowing the franchisee to sell a product or service under the franchisor's business name . In exchange for acquiring a franchise, the franchisee usually pays the franchisor an initial start-up fee and annual licensing fees .

What is franchise contract?

Franchise Basics and Regulations. Franchise contracts are complex and vary for each franchisor. Typically, a franchise agreement includes three categories of payment to the franchisor. First, the franchisee must purchase the controlled rights, or trademark, from the franchisor in the form of an upfront fee.

What Are the Risks of Franchises?

Disadvantages include heavy start-up costs as well as ongoing royalty costs. By definition, franchises have ongoing fees that must be paid to the franchisor in the form of a percentage of sales or revenue. This percentage can range between 4.6% and 12.5%, depending on the industry.

How Does the Franchisor Make Money?

Typically, a franchise agreement includes three categories of payment to the franchisor. First, the franchisee must purchase the controlled rights , or trademark , from the franchisor in the form of an upfront fee. Second, the franchisor often receives payment for providing training, equipment, or business advisory services. Finally , the franchisor receives ongoing royalties or a percentage of the operation's sales.

What does a franchisor receive?

Finally, the franchisor receives ongoing royalties or a percentage of the operation's sales. A franchise contract is temporary, akin to a lease or rental of a business.

How long does a franchise contract last?

It does not signify business ownership by the franchisee. Depending on the contract, franchise agreements typically last between five and 30 years, with serious penalties if a franchisee violates or prematurely terminates the contract.

When a business wants to increase its market share or geographical reach at a low cost, it may franchise its product?

When a business wants to increase its market share or geographical reach at a low cost, it may franchise its product and brand name. A franchise is a joint venture between franchisor and franchisee. The franchisor is the original business. It sells the right to use its name and idea. The franchisee buys this right to sell the franchisor's goods or services under an existing business model and trademark .

What is franchise agreement?

The agreement is the contract for the transaction and outlines startup fees, royalties, the understanding that the franchise owner will abide by corporate protocol and the mission statement.

Why do business owners franchise?

Business owners franchise for a number of reasons. Franchising increases the speed of company development, delegating growth and management to a network of outlets; increases financial growth through royalties and startup fees from franchise owners to the corporate entity ; generates motivation in franchise owners because their own money is tied up ...

What do you need to franchise a business?

This includes company protocol, employee training manual and course, product standards, mission statements, dress codes, rules, and customer-approved products or services. Your business system is a pilot of sorts for your brand, so every aspect of daily operations needs to be addressed and perfected in the system.

What does a franchisee receive from a franchisor?

The franchisee generally receives site selection and development support, operating manuals, training, brand standards, quality control, a marketing strategy and business advisory support from the franchisor. While less identified with franchising, traditional or product distribution franchising is larger in total sales than business format ...

What is franchising in business?

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. Technically, the contract binding the two ...

Why is it important to select a franchisor that routinely and effectively enforces system standards?

This is important to you as enforcement of brand standards by the franchisor is meant to protect franchisees from the possible bad acts of other franchisees that share the brand with them. Since customers see franchise systems as a branded chain of operations, great products and services delivered by one franchisee benefits the entire system. The opposite is also true.

What does a franchisor do?

The franchisor provides the franchisee with franchising leadership and support, and exercises some controls to ensure the franchisee’s adherence to brand guidelines. In exchange, the franchisee usually pays the franchisor a one-time initial fee (the franchise fee) and a continuing fee (known as a royalty) for the use of ...

What is franchising relationship?

Franchising Is About Relationships. Many people, when they think of franchising, focus first on the law. While the law is certainly important, it is not the central thing to understand about franchising. At its core, franchising is about the franchisor’s brand value, how the franchisor supports its franchisees, ...

What is business format franchise?

In a business format franchise, the franchisor provides to the franchisee not just its trade name, products and services, but an entire system for operating the business.

Why are franchisors important?

Great franchisors provide systems, tools and support so that their franchisees have the ability to live up to the system’s brand standards and ensure customer satisfaction. And, franchisors and all of the other franchisees expect that you will independently manage the day-to-day operation of your businesses so that you will enhance the reputation of the company in your market area.

What does it mean to franchise a business?

When you franchise your business it means that you have taken the necessary legal and business steps to sell franchises, support franchisees, and grow your brand. First and foremost, your franchise lawyer will have to prepare and issue a Franchise Disclosure Document that complies with federal and state law.

How long does it take to develop a franchise?

The franchise development process typically takes between 90- to 120-days to go from where you are today to being a franchisor legally able to offer and sell franchises. However, once you “franchise your business” you’re just getting started.

What Are the Franchise Laws and What Is a Franchise Disclosure Document?

Franchising is regulated and requires compliance with federal and state franchise laws.

How Long Should It Take to Franchise My Business?

Typically, franchising your business takes from 90 to 120 days. Depending on unique factors related to your business or industry, there could be variations. A lot also depends on who you are working with and your internal team.

Can a Franchise Developer or Consultant Prepare My FDD Instead of a Franchise Lawyer?

No. Your FDD is a legal document that requires the integration of federal and state-specific franchise laws and regulations and should only be prepared by a qualified franchise lawyer.

How Do I Get Started?

By reading this guide, you’ve already taken the first step! Now that you have a solid foundation as to what franchising is all about and the steps involved, start building the right team to help support and guide you in franchising your business .

How long do you have to give FDD to franchisees?

It’s required by federal and state law and is the legal foundation for your franchise. You are required to give prospective franchisees your FDD no less than 14 days before signing any agreement with a franchisee or accepting any payments from a franchisee.

When did franchises start?

The franchise business model is popular in highly competitive industries such as the fast-food industry, video rentals, and automotive services. The model first appeared in the US after the Civil War, and it gained popularity in the 1950s and 1960s through to the 1990s.

What is a franchising business?

Franchising is a popular tool to scale business operations worldwide and accounts for a large portion of the U.S. market.

How does a franchisee get royalties?

First, the franchisee purchases the controlled rights and intellectual property from the franchisor business, paying a lump sum contribution or a one-time fee. Secondly, the franchisor is paid by the franchisee for training, equipment, and business advisory services. In the end, the franchisor receives royalties every month.

What is franchising in the US?

Small businesses in the US use the franchising model to grow into national chains and gain a foothold in other locations such as Europe, Canada, and China. On the other hand, overseas franchisors turn to franchises to establish themselves in the US market, using funds provided by the franchisees in the US mainland.

What is a franchise agreement?

A franchise is an agreement between two independent parties: the franchisor and the franchisee. One party (the franchisor) offers its business model, brand name, and intellectual property to another party (the franchisee) that will use the resources to start a business according to the existing system.

How much does it cost to franchise McDonald's?

Taking McDonald’s as an example, the estimated total costs to launch a franchise range from $1 million to $2.2 million. When it comes to royalties, the franchisee needs to remit 4%-8% of its revenue to the franchisor per month.

What is the FTC?

The Federal Trade Commission (FTC) serves as a federal regulatory body that aims to protect consumers and ensure strong competition in the markets. The Franchise Rule, which is published by the FTC, represents a legal disclosure conveyed to a potential buyer of the franchise from the franchisor.

How does a franchisor start a franchise?

When a franchisor starts a franchise, there’s a startup cost to get the business in operation. A franchisor must make sure that the franchise agreement is written clearly and reviewed by a lawyer experienced in franchise law. You may also hire a franchise consultant for expertise during this process. Starting a franchise requires an initial investment of both time and money on the part of the franchisor.

What is franchise business?

Franchises, on the other hand, are already well-known businesses with established customer bases built in. So when you open a franchise with this recognizable branding, people will automatically know what your business is, what you provide, and what they can expect.

Why is it important to expand your business as a franchise?

Expanding your business as a franchise allows you to expand with little debt. The business expands as capital becomes available from franchisees instead of taking on debt through loans. The franchisor also shares minimal risk with the franchisee because the franchisee puts their name on the deed for the physical location of the business and lowers the franchises overall liability.

What are the benefits of franchise?

A big benefit that franchisees receive when opening a franchise is brand recognition. If you start a business from scratch, you would have to build your brand and customer base from the ground up, which would take time.

Why are franchises less risky than independent businesses?

One of the reasons franchise owners face lower risk than independent business owners is the franchise network. Most franchises are owned by established corporations that have tested and proven the business model of the franchise in multiple markets.

What are the advantages of franchising?

There are several advantages of franchising for the franchisee, including: 1. Business assistance. One of the benefits of franchising for the franchisee is the business assistance they receive from the franchisor. Depending on the terms of the franchise agreement and the structure of the business, the franchisee might receive essentially ...

Why do franchisors need minimal supervision?

This minimal employee supervision allows the franchisor to focus on the growth of the business instead of day-to-day operations. Instead of worrying about whether an employee shows up for their shift or not, the franchisor is focused on the big picture for business success.

What is franchising opportunity?

It gives an investor, or franchisee, the opportunity to operate a business under a franchisor’s trade name.

What is the difference between retail and franchise?

Under a franchise structure, there is limited room to operate the business to your preference.

When was Wakefern Food Corporation founded?

The Wakefern Food Corporation was created in 1946 .

Where do franchises post signs?

Franchise businesses usually post signs in their stores or notes on their marketing materials.

Which franchise is the best to own?

It’s hard to pick, but Dunkin’s and McDonald’s are part of the best franchises to own.

Who owns Shoprite?

Currently, Shoprite is individually owned by members of the Wakefern Food Corporation.

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What Is A Franchise?

Understanding Franchises

  • When a business wants to increase its market share or geographical reach at a low cost, it may franchise its product and brand name. A franchise is a joint venture between a franchisor and a franchisee. The franchisor is the original business. It sells the right to use its name and idea. The franchisee buys this right to sell the franchisor's goods...
See more on investopedia.com

Franchise Basics and Regulations

  • Franchise contracts are complex and vary for each franchisor. Typically, a franchise agreement includes three categories of payment to the franchisor. First, the franchisee must purchase the controlled rights, or trademark, from the franchisor in the form of an upfront fee. Second, the franchisor often receives payment for providing training, equipment, or business advisory servic…
See more on investopedia.com

Pros and Cons of Franchises

  • There are many advantages to investing in a franchise, and also drawbacks. Widely recognized benefits include a ready-made business formula to follow. A franchise comes with market-tested products and services, and in many cases established brand recognition. If you're a McDonald's franchisee, decisions about what products to sell, how to layout your store, or even how to desig…
See more on investopedia.com

Franchise vs. Startup

  • If you don't want to run a business based on someone else's idea, you can start your own. But starting your own company is risky, though it offers rewards both monetary and personal. When you start your own business, you're on your own. Much is unknown. "Will my product sell?", "Will customers like what I have to offer?", "Will I make enough money to survive?" The failure rate for …
See more on investopedia.com

What Is A Franchise?

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A strong franchise system needs to be carried by a solid brand that can capture attention and retain customers. When people think of a product, they automatically think of the top three brands that come to mind. A franchise can only go as far as the brand will take it. The branding of a franchise determines the business’s succ…
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Support For Franchisees

  • As a franchise is not purely cosmetic, franchisors need to ensure that franchisees provide the same quality of products and services to customers across all store locations. To ensure this, franchisors need to offer administrative support, marketing, training, supply of materials or products, and other processes. Franchisors also need to set strict regulations for franchisees fo…
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Franchising Regulations in Canada

  • There is no federal franchise legislation in Canada, as franchising is regulated at the provincial level. The provinces of Alberta, Manitoba, British Columbia, Ontario, New Brunswick and Prince Edward Island have enacted independent franchise legislation. In Canada, the recognized authority for franchising is The Canadian Franchise Association (CFA). The CFA works on behal…
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Legal Advice For Franchises

  • Generally, the Franchise Regulation in Canada requires interested franchisors to abide by legal procedures and submit documents before introducing a franchise brand to the market. Franchisors in Canada must present a Franchise Disclosure Document (FDD) to a buyer disclosing the franchise concept, the terms of the relationship and the legal framework between franchisor …
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Creating A Legal Structure

  • The few common legal structures used by franchisors are S-corporations, C-corporations, sole proprietorships, general partnerships and limited liability companies (LLC). However, C-corps are more popular with franchisors due to their equity distribution for investors. The main benefit of having a C-corp structure is to position a business for future growth by getting additional capital …
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Franchise Financing

  • Kenny Rose, the CEO of a Chicago franchise consultancy, advised prospective franchise owners to have at least $50,000 in liquid assets, a $150,000 total net worth, and a 680 credit score. He added that prospective franchisors should engage a lender that specializes in franchising. There are many avenues to fund a franchise. One can look into commercial business loans and lines o…
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