Reviewing the franchise agreement forms that you sign with a franchise owner makes sense because you might want to cut them a better deal or cut them out.

September 5, 2011 by  
Filed under Franchise Articles

The franchise agreement forms that you send out to a prospective franchise owner are not “till death do us part.”  While you are selling that franchise to a small business owner and it is he or she who will run their operation, the rights to that franchise are still with the franchising company. That is why the language that you put into the franchise agreement forms should include some escape clauses so that if the franchise owner makes a mess of things, you have a way out.

Franchising your company  is a big step and there are steps you can take to make sure the partners you bring onto your roster of players as franchise owners are up to snuff.  The various franchise agreement forms shift some of the burden of proof that they can carry their weight in the franchise relationship to those starry eyed new franchise owners.  By making it a serious requirement that the franchise owner provide proof that when it comes to running a small business, they know their stuff, you avoid handing over that valuable franchise to someone who is going to run it into the ground.

There are variables in the franchise agreement forms that you can tweak based on how well this new franchise applicant gives you the warm fuzzies that they will do well.  If you have secret doubts that a particular franchise applicant might be a dud, you can hike up the initial franchise fees within the franchise agreement forms.  That way you build in some insurance in case you have to go in and clean up some messes.

You can also adjust the term of the franchise agreement forms so that an iffy franchise comes up for renewal faster than might be standard. If you set that renewal to come up in a year and make that the law of the land in the franchise agreement forms, then you have a legal way to cut and run if they do badly.  But if they turn out to be all star business managers and their franchise is knocking down serious money, you can make adjustments when you renew the franchise agreement forms.

Making some changes when franchise agreement forms are renewed gives you a window to turn a good franchise owner into a great one.

All franchise agreement forms spell out so anyone can get it that the franchise will expire at some moment in the future.  While the idea of renewing the franchise agreement seems on the surface to be at time when either franchisor or franchisee can run for the hills if they need to, it is also a chance to kick a very successful franchise owner into high gear.

If you have a franchise owner who is kicking backside and taking names when it come to profits, you can sweeten the pot in the franchise agreement forms to make his or her next tour of duty even more of a profit machine. You may wish to sweeten the pot with a nice looking franchise royalty arrangement that lets the franchise owner keep more gold in his or her bank account if they break a few sales barriers.  Or you can offer that knock-your-socks-off franchise owner a way to build an empire through a master franchise agreement.

These changes are all perfectly legal within franchise law and they are what capitalism is all about. When you can capitalize on your all stars and cycle out the dead weight leveraging those franchise agreement forms term limits, that is just smart business that will result in a dynamite team of franchise owner that you will profit from big time year after year after year.

Franchise licensing is essential to winning a franchise and it could be just the right structure you need to start your own business.

August 6, 2011 by  
Filed under Franchise Articles

Franchise licensing is the legal tool to make sure that the franchising process is handled correctly. One of the big motivations for franchising a small business is that entrepreneurial streak that many of us have to own and run your own business. There is nothing wrong with that inner drive to want to get away from being a servant to “the man” and run the show for yourself.  Franchise licensing is what spells out the rules of the road for using the franchising route to achieve your dream of running your own money making operation.

The one drawback to starting your own small business from the ground up is a drawback that those franchise licensing documents can help to take care of.  The drawback is that there is almost too much freedom and lack of structure when you start your own small business. It helps to have some structure so you know what to do next and how to live up to expectations and you have a road map to what to do next.

The value of going with a franchising solution even with the overhead of franchise licensing is the structure the program that you get from the franchising company. That structure is highly regulated and the franchising company will put that road map in front of you that you pretty much are forced to follow because the franchise licensing arrangement are not just a bunch of pretty ideas. They represent franchise law that neither you nor the franchising company can get frisky with that.

Holding the franchise company to live up to their end of the franchise licensing agreements.

You are a smart one to jump back and think about the good as well as the scary part that franchise licensing will bring to your world when you sign those franchise agreements.  Anyone who launches out without thinking hard and long about franchise licensing and what it means should find the door locked when it is time to sign those agreements and enter into that binding relationship with a franchising company.

At the same time, keep in mind that those franchise licensing rules and regulations go two ways. Sure they hold your nose to the grindstone to create a knock-your-socks-off great franchise for the franchising company.  But those franchise licensing details also hold the franchising company to a standard so they have to pony up as part of the relationship too.

You can dig out the details of exactly who does what, when and how in the franchising relationship in the franchise disclosure documents that you will get early in the cycle of developing your love affair with the franchising company.  Be sure you become an insatiable reader and that you understand everything in those documents as well as in all other literature you get from the franchising company.

By understanding how you have to salute the flag according to franchising agreements and how the franchising company must bring some serious stuff to the table too, you will be able to work as a full partner in the building of your new business.  That means serious success and serious money for you and the company whose sign is on the door and in that way, everybody wins.

Don’t spend time resenting time spent preparing each franchise document because the experience can become vital preparation time as well.

July 9, 2011 by  
Filed under Franchise Articles

Each franchise document that has to be prepared serves an important purpose in the preparation that you and those who would buy your franchises must go through. As the company who will offer franchises to eager investors, it is up to you to prepare each and every franchise document well before you get out there and start selling those franchises aggressively.  It is easy to want to put together the marketing campaign to the many excited future franchise owners all of whom are clutching big handfuls of money to sink into buying a franchise from you.

Resist that urge to rush to the recruitment stage to quickly. That will be the exciting part but use that future excitement as incentive to take your time and put together rock solid franchise documents that will serve you well when the time comes to get active in your quest to franchise your business.  The good news is that with few exceptions, you will only have to prepare each franchise document once. From then on out, you can use that vault full of great franchise documents to bring on hundreds of productive franchise owners to help you expand your business rapidly.

When the space program gets astronauts ready for space travel, they use flight simulators so they can imagine what it will be like out there.  In a way, preparing each franchise document can serve as a form of flight simulation to get ready for you to launch into the stratosphere of franchising.  When you prepare the franchise disclosure document, you have to brainstorm every possible thing that must be disclosed to a future franchise owner so they will come to the table ready and equipped to sign the franchise documents and hit the ground running making their new franchise a profit generating machine.

In other ways, preparation of the franchise agreement and even the franchise operating manual all force you to think about every detail of how it will be for the franchise owner to be part of your organization and what that new partner will need to be a massive success out there and send massive franchise royalties back to you.

Creating a franchise document qualifies as “on the job training” time for going live as a growing franchise business.

The good thing about working through a franchise document is that it forces you to slow down and think into the future about how your relationship with your franchise owners will work. It is impossible to get in a hurry and do a good job of putting together quality franchise documents that will stand up when you get into the fray of creating a new franchise chain from the ground up.  Each franchise document is a significant undertaking that will require good advice and research. You will be called upon to do some serious business planning on how your franchise will operate, what you want to happen in every one of your many franchises and what should never happen as well.

Don’t try to create each franchise document by yourself.  Calling in the Calvary is not only allowed, it is advised. You have a business full of experts in every aspect of how to be a success.  It is that team that has brought you this far. Depend on them to give you insights on what should go into each franchise document to take your success to the next level.

Don’t be afraid to tap the wisdom of great minds of franchising. Be aggressive in learning what very successful franchise gurus know about each franchise document.  The internet can help a great deal with that quest but don’t overlook your network of business associates.  Buried in that network may be some real franchising experts who can give you insights that should go right into those franchise documents.

If you put this kind of tender loving care into the franchise documents, the end result will be that you will go into this adventure of starting a franchise fully prepared.  Your franchise documents will look great and you will feel confident in them.  That feeling that you are prepared and confident will ooze out of you as you stand up in front of that first meeting of excited future franchise owners and get the ball rolling recruiting your army of franchisors to turn your business into the next big franchising success story.

Your franchising company will provide a sample franchise contract well in advance so you know what you are signing when you enter into that binding relationship.

June 24, 2011 by  
Filed under Franchise Articles

A sample franchise contract is part of the process of learning every detail about the franchise relationship before you sign those papers and make that partnership take off.  Any good franchising company will flood you with every imaginable document so you will come to the table a fully informed partner.  They know that the more you know about the benefits and the demands of franchising, the more you will make your franchise take off and make a pile of money for them and for you.

The sample franchise contract that you get from the franchising company is just one of the documents that is important for you to know like the back of your hand.  Along with the franchise agreements and the franchise operating manual, you will get more information about the nitty-gritty of running a franchise than you may have ever imagined was out there.

However, you do not have to wait until the franchise company is ready to send you a sample franchise contract as that step usually happens just before franchise agreements are signed and you are officially part of that company’s family of franchise members.  There are plenty of places online where you can find sample franchise contracts and other franchise documents.  The good of using these resources is you can start the process of becoming a serious expert in franchising even before you pick out which company will be the one you want to sell you a franchise.

Look for the danger signs like fixed costs despite profits in the sample franchise contract you get from the franchising company.

It is important to keep in mind that the primary source of franchise information once you begin negotiating that new franchise adventure will be the company that is selling you their franchise. They don’t do this just because they are really sweet people.  They must provide you with every possible kind of disclosure information before the transaction takes place as part of franchise law.  However, once you get that sample franchise contract in your eager hands, consider the source.  Since all of the binding franchise agreements that you will sign originate with the other party, it makes sense they will be written more to protect their interests than yours.

One example of a financial plan that is common in a sample franchise contract is where the fees you pay to the franchising company are fixed.  If the amount you pay to the franchisee is not a percentage of profits, you could end up paying high fees while you are still building the business.  It would also lower the incentives to the franchisee to link arms with you and make you profitable.

This is just one example of why it is smart to have any sample franchise contract that you get reviewed by some legal geniuses that work for you.  By using a lawyer who knows his stuff about franchising, he will know the ropes of modifying that sample franchise document so that your interests are protected too.  It is not out of line for you to negotiate for the best franchise agreements for your interests. Don’t be afraid to have that sample franchise contract looked at and to ask for changes so that you can get a sweet franchising deal that makes you rich and keeps the franchising company smiling too.  That is how it should be.

Franchise agreement forms must be signed when you begin your franchise relationship or renew it and each time it pays to review what is in those important documents.

June 21, 2011 by  
Filed under Franchise Articles

Franchise agreement forms can be intimidating. When you set out to realize your dream of franchising a business , that vision is not of filling out a bunch of complicated legal forms. Whether you are new to the franchising game or coming back for renewal, you may greet the arrival of those franchise agreement forms with a massive groan.  But let that groan out and get it out of your system and then get a cup of coffee and read those franchise documents carefully. You will wind up in a stronger relationship with your franchisee if you do that.

There is always the impulse to get in a big hurry in your haste to want to get that franchise open fast.  Taking your time to work through your franchise agreement forms should not be seen as a nuisance.  One way to find the motivation to read every paragraph and line of those franchise agreement forms is to look for the areas of responsibility.  First of all, discover in what ways you must salute the flag of the franchisee company. Franchising a company is about much more than just hanging their sign outside the building and wearing the corporate logo on your uniform shirt.

But of greater interest to you is where the franchisee will earn their money you pay to buy the franchise and to keep paying those franchise royalties each month. There are ton of benefits to the franchisor that you get by getting into bed, so to speak, with a successful business as a franchisor. Those benefits will include training, products and advertising as well as the deep wells of wisdom the franchisee brings to the table to help you become a big success.

All of that is buried in the franchise agreement forms. Dig deep when you read through the franchise agreement forms and read them several times.  When you can virtually quote those documents chapter and verse, you will open the doors of your new franchise business with much greater confidence.

Renewal franchise agreement forms need love too.

Franchise agreement forms are not lifelong contracts.  Every so often, a time comes where both parties have a chance to step back and consider if this experiment in getting rich is working.  When those renewal franchise agreement forms show up in the mail, it is not a reason to panic.

 

The arrival of renewal franchise agreement forms is a chance to look at the time you have owned that business to make a decision about whether it is all living up to the grand dreams you had before you sign another set of franchising agreements to take on another tour of duty. It is a chance for you to give an honest assessment of whether the franchisee is giving you the support and service you need to be a success.

It is also a chance to take a good honest look at whether this is the franchise for you. If you decide your money making efforts would be better used elsewhere, you can always let the franchise expire and sign up with a different franchisee and put your years of hard fought experience to good use.

 

 

It is worthwhile to think about using a Heads of Agreement Template when ironing out your business relationships prior to starting a franchise partnership.

June 17, 2011 by  
Filed under Franchise Resource Center

While the Heads of Agreement Template is not always used when a franchise relationship is in the works, the format of this business tool may be valuable.  One way that you can put the Heads of Agreement Template to work is by getting it into the discussion if there are some sticking points between major potential franchise partners about how the franchise relationship will roll out once the franchises are open and big money is being made. In a similar way that the franchise agreement is meant to protect each player in the negotiation, the Heads of Agreement Template can play that same role in the drama.

It is really up to the business offering the franchise and the one that is out there to buy that franchise as to whether a Heads of Agreement Template should serve as a replacement for a standard franchise agreement or as yet another layer of franchise documentation going into the partnership. Since the Heads of Agreement Template is a format that is well known to most top dogs in the business world, it may be an agreeable format to use if things are dicey in the discussion and there is a need for a little extra punch to seal the deal.

Depending on how many areas of disagreement need to be hashed out, the Heads of Agreement Template can become complicated and lengthy.  In order for the document to be usable as a franchise agreement, however, the language used when working up a good Heads of Agreement Template for a franchise relationship must be light on the legal jargon and understandable by the average person. That is both common sense and it is part of franchise law as well.

The Heads of Agreement Template is formal but it is flexible.

 

The different areas that the Heads of Agreement try to get both parties to work together on focus on responsibilities, resolution of disputes and, of course, money.  By using the Heads of Agreement as a franchise document, you can get very picky about including the structure of both companies who are butting heads and how much cold hard cash is going into the new partnership which in this case is a franchise relationship.

Many times the Heads of Agreement helps when both the potential franchisee and franchisor are suspicious enough that they need it in writing how disputes will be settled and who is responsible for what and when.  In some applications of the Heads of Agreement, 14 different legal clauses can be included in the final document and each of those could break down into a lot of detail to get on paper.

It should be noted that the use of the Heads of Agreement does not require that the franchise negotiation get ugly and it isn’t written in stone that you have to use every clause that was ever invented to go into the Heads of Agreement. It is up to the franchisee and the franchisor to use this business tool and use some common sense as well so that it helps them shake hands and come out of the meeting room with smiles on their faces because a lot of money is about to be made. If everybody is an adult and uses the Heads of Agreement to hash out a sweet franchise deal, everybody can be a winner.

The legal requirement that franchising documents must be understandable to the average person impacts franchisee and franchisor in different ways.

June 16, 2011 by  
Filed under Franchise Articles

Franchising documents must be understandable to the average person.  That is more than just a cute idea.  It is part of franchise law.  Since franchising documents originate with the franchisee, you take the kick off on making those documents complete and accurate but also so any average person can read them and get what you are saying.

This can be tricky.  Franchising documents are, after all, legal documents that will eventually become signed and binding agreements between you and every small business person who buys a franchise from you. So cannot just lock the doors and not let the lawyers take a crack at making sure the franchising documents are right.

What you can do is to have your franchising documents reviewed by “average people” that you have hanging around your offices to make sure they can be understood by a potential franchisor. Obviously, you have to assume that the concept of the average person means you are writing your franchising documents to be understood by adults with sufficient education to run a business and be successful dealing with the many financial and legal issues that all grown ups deal with.

The idea here is to cut down on the legal mumbo jumbo.  Have your “testers” jump all over any legal terms that show up in those franchising documents.  Let them ask questions about terminology such as, “What does this mean?”  If some legal terminology pops up in your franchising documents that confuse your testers, some rewrites are in order.

A franchise lawyer or no franchise lawyer? That is the question.

For those who are launching out on the adventure of buying a franchise, brace yourselves.  You are going to be seeing a number of franchising documents show up and it is important you read them and understand them. The understanding part is the important thing because what is written in those franchising documents well, in essence, be the story of your life when you own that franchise and you are an active partner with this strange creature called a franchisee.

You can expect those franchising documents to be understandable by you without the aid of a lawyer. If they are not, you should not be afraid to let the franchisee know that you are having trouble because you have the law on your side that the documents should not be a jumble of legal terms.

You may wonder if you should retain the services of a franchise lawyer as well before you sign those franchising documents.  The answer is yes but not necessarily right away. You should be able to read them and grasp the ideas there without the help of a high priced legal team. But since the step of signing those franchise agreements is a legally binding  step, it pays to have your own franchise gurus look over what is there to make sure the documents line up with state and federal franchise law and that there is nothing missing that you need in there to cover your back.

It is just a smart idea to have your own legal eagles on board to watch out for your interests.  Signing those franchising documents is the start of your new life as a small business owner running a very prosperous franchise operation.  Make sure you start it out right by handling those franchising documents with care.

The franchise documents you have to deal with are complicated and confusing but the effort you put into conquering them will more than pay off.

June 14, 2011 by  
Filed under Franchise Articles

One might think that in a perfect world, complicated franchise documents would not be a part of what it takes to own your own franchise small business.  If you just got your first big bundle of complicated franchise documents from the franchising company in preparation for going into business with them, you are not the first one to think you are going to drown in paperwork.  From the franchise agreements to the other documents that you are expected to know like the back of your hand, the whole process can get a little overwhelming.

Before you throw the whole stack of franchise documents in the drawer and give up and go to the movies, think twice. There are good reasons why those franchise documents are so long and detailed. In most cases, it is for your own protection. That is because of a little thing called disclosure.

Franchise disclosure documents are a big part of the purpose of so many franchise documents start filling up your mailbox. The franchising process has been refined over many years and many problems have been flushed out of the brush that can cause good franchise relationships to go bad.  And one of the big reasons things go south for a franchisee is when you do not know up front what will happen when the legal documents are all signed, huge sums of cash exchanged and you are ready to fire up your franchise.  So franchise documents are there to give you a peek into the future so there will be no surprises.

Franchise documents are long for good reasons.

The franchise industry has found it necessary to make franchise documents as long and complex for good reasons. They are not trying to impress you with how much paper they can send your way or snow you with a mountain of legal mumbo jumbo.  When a company sets out to create franchises, the franchise laws they have to cope with are nothing short of phenomenal. So a lot of the franchise document creation that goes on is to jump through the hoops of so many franchise laws that are in existence that gum up the system considerably.

One top of franchise laws coming out of their ears, franchisors have to think about the possibility of lawsuits that can come out of a botched franchise relationship. There is a lot of dough that trades hands as you get moving on buying a franchise and when that much money is involved and there are lawyers anywhere near, there are going to be some lawsuits when things go wrong.

The good thing is that there are some franchise document laws that stipulate that the franchise documents you have to read and sign must be written in language you can understand. Even at that, it pays to get some help from a good franchise lawyer and/or a franchise consultant to make sure there isn’t anything buried in those franchise documents that can come back to haunt you later. But if you take your time and read those franchise documents and make sure you understand every paragraph you find there, you will be prepared in every way when the time comes to launch your franchise and start raking in the big bucks.

A franchise agreement example can give you everything you need to jump start your franchising plans

June 9, 2011 by  
Filed under Franchise Articles

A franchise agreement example can help both sides of the franchising puzzle. For a business that is growing like wild fire, the idea of franchising a very successful idea makes good sense. It is a way to make the big bucks and grow an already successful business idea rapidly.

But franchising savvy doesn’t grow on trees. You need some guidance on the basics of how to go about putting together a franchising plan that will win the hearts of franchisors who want to sink their money into your business.  That is where a well written franchise agreement example can help give you the basic franchise information of what is needed to put your growth plans on a solid footing.

For the business person who wants to look at buying a franchise, a franchise agreement example can also be a huge leap forward in making those plans. Compared to slugging it out in a tough and competitive marketplace, investing in a franchise of an already successful player in that marketplace puts you on top of the competition instead of behind the eight ball.  Taking some time to study a solid franchise agreement gives you the advantage of years of expertise that is built right into that document.

You can find great franchise agreement examples on the internet.

 

Entering into a franchising relationship is not child’s play. Even before the franchisor opens the doors of that new franchise business, there is some serious money that changes hands as you invest in your new business. The relationship between franchisee and franchisor is a partnership and like any good collaboration, that relationship starts with good franchise agreements.

The good news is there are plenty of great franchise agreement examples online from respected leaders in the franchising industry. These documents can be downloaded and modified to fit your business. Meanwhile, this is a great way to learn how a franchising relationship is structured, how a franchising relationship gets off the ground and even how that franchising agreement will evolve and grow up with your business.  All of that is just the stuff to jump start your new adventure in franchising.

 

 

What You Need To Known About Franchise Agreements

October 23, 2010 by  
Filed under Franchise Articles

In the early days of franchising, people used to worry a lot about franchise agreements and they always wanted to consult an attorney before making a deal. Things are changing towards a good direction now. Businessmen want to go through these franchise agreements on their own so that they can save huge sum of money and can develop a better understanding of business terminologies. However a minimum set of skills is required to understand the contents of franchise agreements and this requirement is fulfilled through online manuals. These manuals are prepared by the leading experts to provide sound knowledge about the financing with all the required elaborations.

Franchise Agreements and the Role of Online Manuals

There are certain qualities that an online manual should have to be termed as an authentic alternative to the attorneys.

  • A good manual should come with FTC certification so that all the consumer protection guidelines are followed in the making.
  • The manual should consist of easy-to-understand instruction so that it may able to fulfill the needs and demands of a diverse age group dealing with franchise agreements.
  • It should be thoroughly reviewed by the professional attorneys so that all the prescribed instructions are double checked to ensure their legality.
  • The manual should have enough content to satisfy all the questions related to franchise agreements.

A manual that comes with all of the above mentioned qualities is rarely found over the internet. One of the major problems is the trust deficit of consumers about these documents and the consumers have very legitimate reasons for their held beliefs. Consumers want best value documents so that they can deal with franchise agreements without much problem. We recommend a Franchise Operations Manual that truly reflects all the qualities and it can easily act as a virtual attorney for businessmen.

You can also get a Franchise Disclosure Document (FDD) Template which will ensure a total independence from consultants and lawyers.

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