Franchise FAQ

what does it mean to franchise a business

by Terrance White Published 2 years ago Updated 1 year ago
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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

What should I consider before buying a franchise?

Ten Things To Consider Before Buying A Franchise

  • What's the story on the franchisor's business record and reputation?
  • Have you spoken to existing franchisees?
  • Have you contacted government consumer protection agencies, Canadian Franchise Association and your local Better Business Bureau?
  • Is the franchisor's infrastructure comprehensive and stable?

More items...

What are the advantages and disadvantages of franchise business?

These include:

  • Limited control: As a franchise business owner, you have limited control. ...
  • Costs: Opening a franchise is not a cheap endeavor. ...
  • Potential leadership changes: There is always the possibility that the franchise can be acquired and new leadership will move in.
  • Lack of privacy: Being a franchisee also comes with a lack of financial privacy. ...

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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 do you need to franchise a business?

What do you Need to Franchise Your Business? 1. A good business plan that itemizes the key elements of the franchise expansion model and how the franchise program... 2. In order to franchise your business effectively, you should have a good understanding for the marketplace, and the... 3. A solid ...

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What happens when you franchise a business?

A franchise enables you, the investor or franchisee, to operate a business. You pay a franchise fee and you get a format or system developed by the company (franchisor), the right to use the franchisor's name for a specific number of years and assistance.

Does owning a franchise means you own your own business?

“Owning a franchise allows you to go into business for yourself, but not by yourself.” A franchise provides franchisees (an individual owner/operator) with a certain level of independence where they can operate their business.

What does franchise the business mean?

A franchise is a business whereby the owner licenses its operations—along with its products, branding, and knowledge—in exchange for a franchise fee. The franchisor is the business that grants licenses to franchisees.

Why would you franchise a business?

Advantages of buying a franchise You don't necessarily need business experience to run a franchise. Franchisors usually provide the training you need to operate their business model. Franchises have a higher rate of success than start-up businesses. You may find it easier to secure finance for a franchise.

How do franchise owners get paid?

How do franchise owners get paid? Franchise owners can pay themselves a salary or depending on their business entity, they may be able to take a draw from their accumulated equity.

Do franchises pay taxes?

Franchise taxes are paid in addition to federal and state income taxes. The amount of franchise tax can differ greatly depending on the tax rules within each state and is not calculated on the organization's profit. Kansas, Missouri, Pennsylvania, and West Virginia all discontinued their corporate franchise taxes.

What are the 4 types of franchising?

The four types of franchise business you can invest inJob or operator franchise. These owner operator franchises are usually home based, which keeps overheads down to a minimum. ... Management franchise. ... Retail and fast food franchises. ... Investment franchise.

What are the three types of franchises?

There are three main types of franchise opportunities available, these are: Business format franchises. Product franchises, or Single operator franchises. Manufacturing franchises.

Is franchise business A Good Idea?

Risk – The biggest advantage of owning a franchise business is investing into a business which is already tested and proven. The probability of the risk regarding the profits and growth of the business is likely to be very low.

What are 3 disadvantages of franchising?

The franchise agreement usually includes restrictions on how you can run the business. You might not be able to make changes to suit your local market. You may find that after some time, ongoing franchisor monitoring becomes intrusive. The franchisor might go out of business.

What are 2 disadvantages of a franchise?

Disadvantages of franchising for the franchiseeRestricting regulations. ... Initial cost. ... Ongoing investment. ... Potential for conflict. ... Lack of financial privacy.

Is it better to own or franchise?

Bottom line, franchises have a higher overall success rate than startups. Franchises operate under a predetermined business model that has already brought success while independent businesses make adjustments and decisions to their business model as they go.

Are franchisees business owners?

Key Takeaways. A franchisee is a small-business owner who operates a franchise. The franchisee pays a fee to the franchisor for the right to use the business's already-established success, trademarks, and proprietary knowledge. The franchisee receives continuous guidance and support from the franchisor.

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).

Do franchises count as small businesses?

So, under these terms, does a franchise count as a small business? For the vast majority of them, you'd say yes, the owner of a franchise is an independent business owner, most likely making less than $5 million a year, and they also have to find their own finance.

What is the difference between franchise and independent business?

Ownership Model Unlike independent business owners, franchise owners don't have the freedom to change their products or services based on their personal desires or changing market conditions. To a large degree, the franchisor (i.e., the parent company) makes the decisions about product lines and other variables.

What is franchise part of?

Individual franchises are part of a brand’s ecosystem, a network that is a pooling of resources and capabilities.

What is franchising in business?

Franchising is a form of marketing and distribution in which the owner of a business system (the franchisor) grants to an individual or group of individuals (the franchisee) the right to run a business selling a product or providing a service using the franchisor's business system.

What are the different types of franchises?

There are three main types of franchises. • Most franchises fall under the business format type where the franchisor licenses a business format, operating system, and trademark rights to its franchisees. • The second type of franchise is product distribution, which is more of a supplier-dealer setup.

How long do franchise fees stay collected?

In addition, fees are collected regularly for as long as the franchisee owns the franchise. In exchange for these payments, the franchisee will receive continued support such as marketing assistance and ongoing training opportunities.

How did franchises help the United States?

Car manufacturers who had been spending enormous amounts of capital tooling their assembly lines found they could develop retail distribution networks using capital provided by independent dealers. Oil companies such as Standard Oil and Texaco also started granting franchises to convenience stores and repair mechanics across the U.S. to efficiently expand their reach.

When purchasing a franchise, is the franchisee required to comply with strict guidelines and rules regarding the operation of the business?

When the purchase of a franchise is made, the franchisee is required to comply with strict guidelines and rules regarding the operation of the business. These guidelines are in place to maintain brand consistency.

Is franchising a success?

No business method or industry sector can guarantee success, and franchising is no exception. If a franchise system has a proven product or service with a well-recognized brand combined with hard-working, well-financed franchisees, the chances of success are very high — but never a 100 percent given. If, on the other hand, the franchise system is under-funded with an ill-conceived business plan that has not been tested properly, and franchisees have been poorly recruited or trained, failure is likely.

What does it mean to franchise a business?

When you choose to franchise your business it means you are bringing other people into your system to learn about your business. This includes all the best practices you have developed over years of experience which has led to your success. You are giving other people (let’s call them entrepreneurs) permission to sell your products and/or offer your services under your name and to operate the business the same way that you operate it. When you franchise your business you now become a “franchisor” and you are responsible for teaching these entrepreneurs all your methods, processes, procedures and best practices so these entrepreneurs can be just as successful at operating the same type of business as you in their market (learn about your role as a franchisor). This entire concept is known as “business format franchising”. Basically these entrepreneurs are given a jump start into business ownership; saving them tons of time, money and frustration.

How does franchising work?

This often happens much quicker than if you tried to open more company-owned locations yourself. As different franchisees begin to open locations in different markets then your business name becomes recognizable and soon branding starts to take place. Eventually this means you become so recognizable that you become a household name (watch our brief video that explains how franchising is a means to dominate the marketplace). As your system becomes a brand typically there is an increased demand for the products and/or services your system offers.

How does franchising make money?

You collect an upfront fee (read more about this fee referred to as the “franchise fee”) for providing training and other deliverables to your new franchisees. Basically all the knowledge and wisdom someone needs to get started in business is being provided by you. The franchise fee is compensation to you for all your efforts. Besides the franchise fee that is collected, you also collect: royalty payments; revenue from the sale of equipment, products or supplies sold to franchisees; and in most cases commissions and/or rebates from different vendors and suppliers who you require franchisees to purchase from for various elements of your program (check out our article to learn more about the money side of franchising) .

What is a franchise contract?

Franchises are built out of contracts between the franchisor and franchisees. As such, there are two places a franchisee can look to determine their rights and responsibilities within the relationship: the language of the contract itself and the relevant jurisdiction's contracts laws.

What is a franchise agreement?

The franchise agreement creates many of the most important rights and obligations between the franchisor and franchisee, including the degree of control the franchisor may exercise over the franchisee, terms of operation, training requirements, trademark and copyright obligations, renewal and termination options, and other important details. The jurisdiction's laws indicate how contracts are interpreted and enforced when the parties have a disagreement.

What is business format franchising?

Business Format Franchising refers to franchises where the franchisor and franchisee have an ongoing relationship in which the franchisor provides services such as site selection, training, marketing plans, and other tools for your business.

What are the advantages of franchise?

One of the great advantages of a franchise is that a relatively inexperienced businessperson can purchase a business that has many of the most complicated decisions have already been made by the franchisor. However, the difference in experience and sophistication between the prospective franchisee and franchisor can also make choosing and negotiating a franchise challenging. Consider contacting a local attorney with experience in franchise law to help locate and launch the right business opportunity for you.

What is the term for a business owner who grants a license to another person?

Franchising occurs when the owner of a business grants a license to one or more parties for the purpose of conducting business using the same trademarks, trade names, trade dress, and other identifying aspects of the business. The party granting the license is referred to as the "franchisor," while those purchasing licenses are referred to as the "franchisee."

Who pays the franchisor a fee?

The franchisee pays the franchisor a fee.

Who Owns the Business?

A business may have multiple locations without being a franchise. If the locations all have the same owner, then the business does not meet the definition of a franchise. A business franchise is defined by the structure of its ownership.

Why do companies franchise?

When a company wants to grow its market share or geographical reach at a low cost, it may decide to franchise. Franchising the product and brand name is a relationship between the franchisor and franchisee. Franchises are a popular way for those who want to start a business while entering a highly competitive market. One of the advantages of a franchise is getting access to an established company’s product and brand name. Moreover, the risk of business failure is much lower compared to starting a company from scratch. A franchise provides the opportunity to have total independence of a small business while operating from a concept that has proven to be successful. Furthermore, you’ll have the support of a parent company with an established reputation, management, and work practices.

How does a franchise work?

Franchisees pay a franchise fee and get a format or system developed by the company (franchisor). They also have the right to use the franchisor's name for a specified period of time.

How do you invest in a franchise business?

To invest in a franchise, the potential franchisee must first pay an initial franchise fee for the rights to the business, initial training, and the equipment required by that particular franchise . Once it is in service and operating, there is often an ongoing royalty payment, either on a monthly, quarterly, or annual basis paid to the franchisor. This payment is usually calculated as a percentage of the franchise operation’s gross sales.

What does a franchisor require of a franchisee?

For example, the franchisor will require the franchisee to use the uniforms, business methods, and signs or logos particular to the franchise. The franchisee should remember that he or she is not just buying the right to sell the franchisor’s product, but is buying the right to use the successful and tested process used in other profitable ...

What are some examples of franchises?

So, what is a franchise example? Prominent examples of well-known franchise business models include many food chain restaurants, such as McDonald’s and Subway. Other examples of franchise opportunities are businesses like UPS and H & R Block. In the United States, there are franchise opportunities available across a wide variety of industries.

Do franchises have to use the same pricing?

The franchisee will also usually have to use the same or similar pricing in order to keep the advertising streamlined. For example, if you saw an advertisement for $75 tax preparation from a well-known tax preparation franchise, you would expect to find this deal at the franchise operation closest to you.

Do franchise owners have control over their own business?

The franchise owners will not have as much control over the business as he or she would have over their own business model, but may benefit from investing in an already-established, name brand due to customer recognition.

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 ...

What is a franchisee responsible for?

The franchisee is responsible for the day-to-day management of its independently owned business and benefits or risks loss based on his own performance and capabilities. Investing in a franchise or becoming a franchisor can be a great opportunity.

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.

A Definition

What is a franchise business definition? A ‘franchise’ is a license granted to an independent entrepreneur, a ‘franchisee’ by an established, successful company – ‘a franchisor’.

The Responsibilities & Obligations of the Two Parties Explained

In exchange for a franchise, a franchisee must pay the franchisor an initial upfront fee, as well as make monthly contributions. These payments usually cover royalties, in addition to marketing and advertising, and operational support.

Advantages Gained by the Franchisor

By franchising their business, a franchisor is able to expand their operation at a far faster pace. This is because their franchisees will establish themselves in new areas and raise the profile of the overall brand. Furthermore, the cost of this expansion won’t solely come out of their own pocket.

Benefits Enjoyed by the Franchisee

Many aspiring entrepreneurs pose the question ‘what is a franchise business and why would it be more beneficial than creating my own independent operation?’ The answer is simple. Starting your own business can be extremely difficult.

Only Certain Businesses Can Be Franchised

You must be aware that not all businesses can be franchised. In order to be successful as a franchisor, a brand must stand out from the crowd, and have proven products and services that are in demand, and will remain in demand for the foreseeable future. Plus, their model should be simple enough that it can be easily taught to new franchisees.

Get Advice

Now the question ‘what is a franchise?’ has been definitively answered, you can decide whether franchising will benefit you. Remember, it doesn’t matter whether you’re an aspiring franchisor or franchisee, Franchise Fame can help you – you’ll receive expert support that’ll enable you to attract new partners, or build your own customer base.

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.

What is a franchise agreement?

Franchising is a legal and business relationship that can help grow your business. A franchise is created by a legal agreement that involves the license of a trademark, the payment of a fee, and control over the operations of a business. When you franchise your business you’ll be creating the legal documents, pre-sale disclosures, ...

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.

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Who Owns The Business?

  • A business may have multiple locations without being a franchise. If the locations all have the same owner, then the business does not meet the definition of a franchise. A business franchise is defined by the structure of its ownership. Franchising occurs when the owner of a business grants a license to one or more parties for the purpose of condu...
See more on findlaw.com

Kinds of Franchising Relationships

  • There are two basic kinds of franchise relationships: 1. Product or Trade Name Franchising refers to franchises where the owner holds the right to a name or trademark, which is then sold or licensed to franchisees; or 2. Business Format Franchisingrefers to franchises where the franchisor and franchisee have an ongoing relationship in which the franchisor provides service…
See more on findlaw.com

Franchise Contracts

  • Franchises are built out of contractsbetween the franchisor and franchisees. As such, there are two places a franchisee can look to determine their rights and responsibilities within the relationship: the language of the contract itself and the relevant jurisdiction's contracts laws. The franchise agreement creates many of the most important rights and obligations between the fra…
See more on findlaw.com

Get Legal Assistance When Considering Franchise Opportunities

  • One of the great advantages of a franchise is that a relatively inexperienced businessperson can purchase a business that has many of the most complicated decisions have already been made by the franchisor. However, the difference in experience and sophistication between the prospective franchisee and franchisor can also make choosing and negotiating a franchise chall…
See more on findlaw.com

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