Franchise FAQ

what is a business franchise

by Ashlynn Mante 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 are the disadvantages of a business franchise?

Disadvantages of franchising for the franchisor

  • Per-unit contribution. In a franchising agreement, it should first be noted that the franchisor does not profit from every dollar the franchisee makes.
  • Litigation risk. Franchisors are also exposed to litigation. ...
  • Cost. Franchising is a relatively low-cost means of expansion, but this does not mean it is no-cost. ...

Should you buy a franchise business?

Others also have their unique reasons on why they buy a franchise business. One of the few good reasons of buying a franchise business is that it lets you avoid all those potential risks experienced by other start ups. This is also a one way of being smart.

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 ...

What does it mean to franchise a business?

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.

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What is the definition of business franchise?

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.

What is a franchise business example?

Examples of well-known franchise business models include McDonald's (NYSE: MCD), Subway, United Parcel Service (NYSE: UPS), and H&R Block (NYSE: HRB). In the United States, there are franchise business opportunities available across a wide variety of industries.

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 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.

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 is the main purpose of franchising?

Franchising allows bigger businesses to branch out and grow while giving people the opportunity to run their own business with the help and support of a larger company that has a proven formula for success.

What are the risks of franchising?

Three Types of Franchise RiskReputational Damage. Franchisees are investing in a business model, but they're also investing in a reputation. ... Joint Employer Liability. Labor violations have proven to be an especially complicated issue for franchises. ... FDD Compliance Issues. ... Limiting the Risks.

What is the most successful franchise ever?

The top 25 highest grossing media franchises of all time worldwide (by total revenue in U.S. dollars) are as follows:Pokémon – $92.121 billion.Hello Kitty – $80.026 billion.Winnie the Pooh – $75.034 billion.Mickey Mouse & Friends – $70.587 billion.Star Wars – $65.631 billion.Anpanman – $60.285 billion.More items...

Why is buying a franchise a good idea?

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.

Who gets the profit in a franchise?

The franchisee will make money through profits gained through sales. Although a percentage of this will be paid to the franchisor through royalty fees, the successful franchisee can make a significant amount of money by selling the brand's products or services.

Do franchise owners pay taxes?

States charge businesses franchise taxes for the privilege of incorporating or doing business in the state. Franchise tax is different from a tax imposed on franchises. And, it is not the same as federal or state income taxes. Business owners must pay franchise taxes in addition to business income taxes.

How much money do you need to start a franchise?

Franchise startup costs can be as low as $10,000 or as high as $5 million, with the majority falling somewhere between $100,000 and $300,000. The price all depends on the industry, location and type of franchise.

What is a good example of a franchise?

Franchising is a business relationship between two entities wherein one party allows another to sell its products and intellectual property. For example, several fast food chains like Dominos and McDonalds operate in India through franchising.

Is KFC a franchise?

KFC Franchise is owned by Yum! brands, global franchisor whose 3 restaurant brands, Pizza Hut, Taco Bell and KFC, are amongst the largest and most well-known franchises in the world. They are leaders in their respective industries - Pizza, Mexican and chicken. Yum!

Is Coca Cola a franchise?

Coca-Cola is a franchise as a product distribution system and the largest beverage company in the world. As a product and trade name franchisor, The Coca-Cola Company licenses its franchisees to sell and distribute the end product using the franchisor's trademark, trade name, and logo.

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.

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.

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.

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.

Who pays the franchisor a fee?

The franchisee pays the franchisor a fee.

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."

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 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 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 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, ...

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 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 ...

Definition

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

Types of Franchising

Business – the franchisee is provided with a proven business model and operates under the umbrella of the franchisor. Their operation must comply with the franchisor’s guidelines at all times. Business format franchising is by far the most widely-used type of franchising agreement.

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.

Get Advice

Now that 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 will enable you to attract new partners or build your own customer base.

What is a Franchise Business?

Let’s break down what a franchise business is and discuss other common words associated with franchising.

What does a franchise agreement include?

So, how does a franchise agreement work? In addition to laying out what type of franchise license will be issued to the franchisee, a franchise agreement must also include a franchise disclosure document. This document must include 23 key items, as dictated by the Federal Trade Commission (FTC). The FTC also requires that franchisors must provide franchisees with these provisions at least 14 days before the document needs to be signed—or before any initial money is exchanged. The 23 sections of the franchise disclosure document are:

What are the key factors in the franchise relationship?

Both the franchisor and franchisee should maintain regular, honest communication about goals, successes, and pitfalls.

What is a franchisee?

A franchisee is a small business owner who operates a franchise. The franchisee has purchased the right to use an existing business's trademarks, associated brands, and other proprietary knowledge to market and sell the same brand, and uphold the same standards as the first business.

What is the relationship between a franchisee and a franchisor?

The relationship between a franchisee and franchisor is inherently one of advisee and advisor. The franchisor provides continual guidance and support concerning general business strategies such as hiring and training staff, setting up shop, advertising its products or services, sourcing its supply, and so on.

Why do franchisors pay a startup fee?

To start, the franchisor assigns the franchisee an exclusive location where no other franchises within the same underlying business currently operate in order to prevent competition and help ensure success. In return for the franchisor's advisory role, use of intellectual property, and experience the franchisee generally pays a startup fee plus an ongoing percentage of gross revenues to the franchisor.

What are some examples of franchises?

Examples of well-known franchise business models include McDonald's (NYSE: MCD), Subway, United Parcel Service (NYSE: UPS), and H. & R. Block (NYSE: HRB).

How many McDonald's franchises are there in 2020?

At fiscal year-end 2020, there were 39,198 McDonald's restaurants in 119 countries around the world, 93.17% of which were franchised. So, the company has 36,521 franchisees. 2 The company’s long-term goal is for 95% of McDonald’s restaurants to be owned by franchisees.

Do franchisees get help?

Franchisees typically get a lot of help, as franchisors will tend to supervise their new franchisees closely.

Who owns the intellectual property of a franchise?

No, the franchisor is the entity that owns the intellectual property, patents, and trademarks of the brand or business being franchised. A franchisee buys the rights and licenses to operate a location of the franchisor.

What is a franchise?

A franchise is a business in which independent entrepreneurs use the rights to a larger company’s business name, logo, and products to operate an individual location. The franchiser is the owner of the larger company who sells the rights to license their business, and the franchisee is the third-party owner and operator of the business locations.

How much does a franchise cost?

Every franchiser requires an upfront fee. This can range from hundreds to hundreds of thousands of dollars.

How long does it take to run a McDonald's franchise?

The franchise term for McDonald’s, for example, is 20 years.

How much does it cost to buy a franchise?

The initial investment in a franchise can be pricey, and range anywhere from a few thousand dollars to over a million. If you're looking to purchase a franchise at a lower price point, there are options for you in a variety of industries.

Is it good to own a franchise?

Owning a franchise has countless benefits. You can profit from the franchiser’s recognizable brand while essentially running your own operation. The most profitable franchises rarely fail, removing the risks typically associated with opening a brand new business.

Is a franchise one size fits all?

No franchise is one-size-fits-all. Entrepreneurs who want to open a franchise must take into account their budgetary constraints and the franchiser’s support system during the evaluation phase.

Find Legal Answers For Your Small Business

Nolo offers hundreds of consumer-friendly do-it-yourself legal products written in plain English.

What Is a Franchise Business?

A franchise business is a business where the owner grants licenses to licensees to operate the business (sell its products, provide services, and more) at a business location. Think of Baskin-Robbins, CrossFit or another business that you’ve seen in multiple cities.

Franchise Pros and Cons

The great advantage of a franchise is not starting from scratch. You have the branding and design concepts ready to go, and you get to focus on the important operational aspects of the business.

How To Start a Franchise in 8 Steps

There are several steps to start a franchise after you decide to pursue this business. From picking to getting a license to securing space, you have to plan this process ahead of time to stick to the franchisor’s standards.

Find Legal Answers For Your Small Business

Nolo offers hundreds of consumer-friendly do-it-yourself legal products written in plain English.

What is franchise investment?

All franchises come with some kind of investment, which usually comprises corporate fees, startup costs, real estate, staff, equipment and other expenses, too. Your investment will be contingent on several things, but the two most important are the mandatory expenses set by the parent company to get up and running as well as the regional expenses that dictate costs (in other words, some markets are more expensive than others).

What type of loan do entrepreneurs take?

Many entrepreneurs choose to take advantage of a business loan, including SBA loans, business lines of credit, term loans and equipment financing. To begin, check out the best franchise financing options.

Is Ace Hardware a good franchise?

Ace Hardware is an excellent franchise prospect for providing an antidote to the big-box home improvement store experience, which is typically marked by unhelpful staff and overwhelming product choices. Instead, Ace Hardware locations pride themselves on hiring staff that put customer service at a premium and keeping product choices to a reasonable selection. Their franchises make it easier for local hardware stores to remain competitive against mega-stores by way of their cooperative structure and store-brand products.

Is McDonald's the most expensive franchise?

We’re pretty positive this is a name you know. McDonald’s is one of the more expensive franchises around, but has perhaps the best brand recognition in the world. If you’re able to open a McDonald’s franchise in a well-trafficked area without much competition, you may be able to quickly recoup the initial investment.

Is it hard to find a franchise?

Still, just knowing you’re interested in a franchise is only the beginning; in reality, finding the best franchise opportunities can be a challenge. There are more franchises out there than one can reasonably count and consider, making it tough to figure out which one is right for you.

Is Kiddie Academy a franchise?

There are franchise opportunities throughout 49 states (sorry, Montana) and plenty of room to grow.

Is Primrose a franchise?

Early childhood education is a prime market for franchise opportunities as parents look to give children every opportunity to learn — even within their early years of education. Primrose Schools are a solid franchise because they offer educational programs all year round, are licensed facilities for educational child care and give their teachers continuing education access to keep their skills sharp.

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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

What Is A Franchise?

Image
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 i…
See more on investopedia.com

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

Definition

  • What is a franchise business definition? A ‘franchise’ is a licence granted to an independent entrepreneur, a ‘franchisee’, by an established, successful company – ‘a franchisor’. This licence gives the franchisee the right to use the franchisor’s intellectual property and branding as well as market and then sell its goods or services.
See more on franchisefame.com

Types of Franchising

  1. Business– the franchisee is provided with a proven business model and operates under the umbrella of the franchisor. Their operation must comply with the franchisor’s guidelines at all times. Busin...
  2. Product – the franchisee purchases goods directly from the franchisor and then sells them.
  3. Manufacturing – the franchisee is allowed to produce and then sell the franchisor’s products.
See more on franchisefame.com

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. Further to this, a franchisee is required to uphold the standards and guidelines set by the franchisor throughout the duration of their agreement. This i…
See more on franchisefame.com

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. Most of the required investment will actually come from the franchisees themselves. M…
See more on franchisefame.com

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. The majority of money lenders don’t want to risk contributing capital toward a venture that is unlikely to succeed – approximately 90% of indepen…
See more on franchisefame.com

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 business model should be simple enough that it can be easily taught to and replicated by new franchisees. If a b…
See more on franchisefame.com

Get Advice

  • Now that 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 Famecan help you – you’ll receive expert support that will enable you to attract new partners or build your own customer base. If you’re still unsure of how …
See more on franchisefame.com

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