In short, most operators, with a great deal of effort, should be able to generate enough sales, on premise and off, to satisfy their landlords, who will have become their partners, dependent on sales. Store level expenses will be largely variable, including rent, and there should be less upward pressure on the fixed costs at store level.
RESTAURANT INDUSTRY IN TURMOIL, BUT THERE IS A WAY OUT! By Roger Lipton
The world, as we have known it, is seriously changed for the foreseeable future. Restaurant and retailers will have to cope with lots of new requirements that deal with social distancing and testing.
PAYROLL PROTECTION?? NOT QUITE!
One of the current priorities is to access the Payroll Protection Program. Unintended consequences are already coming into focus. Restaurant operators realize that business will be slow after opening, which is still weeks or months away. If they spend 75% of the money, mostly for payroll and rent, in the next eight weeks to qualify for loan forgiveness, they will not have the resources to carry the predictable losses when they first reopen, and those losses will likely last for months at least. They have the option of holding the money, which will then remain a loan rather than a “grant. However, while the two year term, at only 1%, seems cheap enough, there is no way that cash flow will be sufficient to pay back the loan that quickly.
Some operators will therefore let their ex-employees remain on unemployment insurance for the time being, use the government capital to cushion losses after reopening, and deal with the ramifications two years from now. Other operators, will take the money, never reopen, and walk away. There are no personal guarantees, after all.
At the least, therefore, the program must be changed to allow for a sufficient payback period to recoup losses. We suggest this will happen, because the problem, and the fix, is so obvious. There are, predictably, other unintended consequences of this huge program that was implemented with such a rush, but we will leave that for another day.
RENT – THE BIGGEST FIXED COST
We are all reading about various companies, small and large, holding back rent. It’s understandable under the circumstances, and landlords realize that their world has changed as well. At the end of the day, we believe that percentage rents will be the new normal. The lessors have no real option. Yesterday’s rent structure is gone, and their alternative in almost all cases is to have empty space for perhaps years.
OFF-PREMISE CONSUMPTION BECOMES CRITICAL
Even after vaccines and treatments are in place, it is going to be quite a while before consumers are comfortable in close contact with strangers. We can be assured that dine in traffic will be at a lower level than previously. It therefore becomes critical for restaurant operators to do everything possible to build their off premise activities. Drive-thru locations, where applicable, can help a lot, but delivery (with or without third parties), catering, curbside pickup, packaged products to go are all brand building alternatives that can help to carry the physical overhead.
OVER-STORED NO MORE
Stated most concisely: there will be more closures than we have seen in at least fifty years (from today’s huge base). Far fewer chains will be expanding. Survivors will have less competition.
LABOR COST PRESSURE WILL ABATE
When the stores open, there will be less upward wage pressure than we have seen in the last few years and that we were anticipating would continue.
The cost structure will be more variable than ever before. It will take a while for negotiations to take place but rent will be based on a percentage of sales. Cost of Sales is variable and Labor is largely variable. Other Operating Costs at the store level (waste removal, bank fees, insurance, property taxes, etc.) can be negotiated lower. (It happens that I am affiliated with a Company that can help in this regard, with no up front cost.) Corporate Overhead can be scaled for the new world we are all living within.
In short, most operators, with a great deal of effort, should be able to generate enough sales, on premise and off, to satisfy their landlords, who will have become their partners, dependent on sales. Store level expenses will be largely variable, including rent, and there should be less upward pressure on the fixed costs at store level. Store level cash flow may not approach previous levels but should be adequate to support, if not enrich, a reasonable level of corporate overhead. Regional operators will have an advantage, with their proximity to the store level and their ability to respond quickly and efficiently to changing circumstances. National operators should decentralize to whatever extent possible for the same reasons. Dedicated corporate management should be able, in most cases, especially if not burdened by excessive debt, to lead their companies to survive, and even prosper over the long term.
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About Roger Lipton Roger is an investment professional with over 4 decades of experience specializing in chain restaurants and retailers, as well as macro-economic and monetary developments. After earning a BSME from R.P.I. and MBA from Harvard, and working as an auditor with Price, Waterhouse, he began following the restaurant industry as well as the gold mining industry. While he originally followed companies such as Church’s Fried Chicken, Morrison’s Cafeterias and others, over the years he invested in companies such as Panera Bread and shorted companies such as Boston Chicken.
Workplace talent drives success. It is not products, not marketing, not demand that ultimately make a company competitive. Don’t fall victim to fear and culture failures during these times. It will inhibit the future health and growth of your company.
Beyond The Covid19 Shutdown, Returning Workers will be Judging “Workplace Culture”
By Gary Occhiogrosso Photo by Austin Distel on Unsplash
As companies continue to evaluate their business in these challenging times, one of the areas many small business operators, and CEO’s of large companies, are investigating is workplace culture. As we ramp back up, many companies will be seeking employees. Many workers will be very focused on how companies treated their employees, vendors, and customers during the pandemic shutdown. Returning employees will also want to know that they, their work, and their ideas, make a difference. Make no mistake; the job market will be so robust that workers have the opportunity to pick and choose for whom they will work. Companies should take this time to revisit, and if necessary, reinvent their workplace culture if they intend to compete for the most qualified employees. Workplace talent drives success. It is not products, not marketing, not demand that ultimately make a company competitive. Don’t fall victim to fear and culture failures during these times. It will inhibit the future health and growth of your company.
Please review this article in the Harvard Business Review. It clearly and expertly advances the concept of workplace culture and how to improve your approach and practices to best advance your company in the upcoming turnaround.
Excerpt:
Today’s workforce wants to know that they’re making a difference within their companies. While work cultures are unique to every organization, the foundation of what enables a culture to thrive is the extent to which employees are empowered to be engaged, feel valued, and be heard. This is where leadership comes in.
Look for trends in your sales—for example, busy days and hours versus slower times and days. For instance, if Tuesday afternoons are consistently slow, then consider cutting back on your hourly staff for that period…
In good times and not so good times, operating a profitable restaurant can be a daunting task. The high cost of rent, labor, and raw ingredients, often overlooked by guests seeking a fine dining experience at fast-food prices can make value perception and profitability difficult. Nonetheless, there are a few things every operator should be aware of, especially during tough economic times. Below I have listed six tips that when put into everyday practice, not only help save money and increase sales when times are lean but serve to maximize profits in better economic times.
Be Mindful Of Your Payroll
Payroll is the one thing in your operation that you have total control over. You determine it, and no one or anything else has a hand in the result. Knowing how to manage payroll is an essential element to success in the restaurant business.
Controlling labor during a slow business period can be tricky. If your businesses’ survival is dependent upon the need to terminate personnel, then managing the schedule of your hourly employees as well as your key people in a compassionate way must be your top priority. You’ll need to delicately balance the limiting of hours among your best employees. Whenever possible, spread the cutbacks out amongst as many team members as possible. That way you can lessen the impact to any one team member.
Be mindful that if you schedule less labor than you need, your restaurant may end up giving poor guest service. That will negatively impact the guest experience as well as your Social Media reviews. On the other hand, if you over-schedule your labor as a percentage of sales, then you’ll be out of line with acceptable budgets and typically lose money.
Look for trends in your sales—for example, busy days and hours versus slower times and days. For instance, if Tuesday afternoons are consistently slow, then consider cutting back on your hourly staff for that period. If you employ a salaried manager, have that person substitute in a station position. Labor is the most critical line item on your P&L. Oversee it, adjust it each day based on projected sales. Remember, unlike food inventory, which allows you to store it (in many cases) for another day, labor, once spent, is gone forever.
Engineer Your Menu To Reflect Current Goals
Sometimes bigger isn’t better. A smaller, more focused menu is often more profitable than the “be everything to everyone approach.” During a recession or slow season, use your menu to attract new customers as well as enticing your regular customers to visit more often. Adjust your menu by offering items that have more appeal in a budget-conscious climate. Understanding what guests want, what they can afford, and what you wish to sell them is a critical piece to menu engineering.
Also, position your lower food cost items in a prominent spot on your menu. That way, you can offer your guests lower-cost menu items and still make a profit.
And although it goes without saying, don’t forget to conduct a weekly inventory. Monitoring your food cost will help you manage cash flow most efficiently and accurately.
Stay In Front Of Your Customers
The saying “out of sight, out of mind” is never is more accurate than in a recession or slow period. You may not want to run your full Radio/TV or Print campaign. However, now is not the time to cut advertising to zero. Instead, increase your paid social media and your paid Google ads. Post photographs of guests in your restaurant, delicious-looking food items, and creative, fun graphics to entice and remind your guests how much they enjoy your restaurant and what you have to offer.
In addition, utilize the database you’ve collected of customer’s email addresses and mobile telephone numbers. You can use this data to send your customers special offers via email blasts and text messaging. Be proactive!
Promote Value, Not Price
During a recession or other tough times, offer your guests real value, not discounts. It is my opinion that you should never attach the price of the menu item to the item itself, for example, selling a hamburger for $1.00. Discounting your products creates a considerable problem for future sales of those items when you move them back to full price. Lowering the price of a menu item creates a product/price value perception, which may negatively impact the customer’s perception of value at a later date. Guests will connect the cost of the menu item to its overall value, now and in the future. Cutting prices for the sake of attracting customers or keeping up with a competitor is never the answer.
Instead, create reasons and additional “occasions to use” your restaurant in your guest’s mind. Then the guest will associate a discounted price with a particular promotion or event. For example, ladies’ night, or seniors day, or it could be the anniversary of the restaurant, and you’re rolling back prices, or National “whatever” Day. Whichever the case, offer real value by promoting events and Limited Time Offers (LTO’s) as a reason to create the “frequency of visit.” This method is also useful for attracting new guests or guests that haven’t visited your restaurant in a while.
Paying Attention To The Details Saves Money
Pennies add up! Keep a watchful eye on expenses. Monitor electricity and water usage, napkins, paper towels, cleaning supplies, and other items that often go unnoticed until you see the cost on your P&L. Be mindful and control those costs each day. Make your staff aware of things like shutting off lights, turning off water faucets, and how many paper towels they may be used to clean a counter. Get your team members “woke” to the idea and actual cost of everything in the restaurant.
One Final Note
Good times follow bad times, and bad times follow good times. Nothing is forever, so learn how to manage a restaurant through a rough patch you’ll be in a better position to maximize your profits when times are good.
Legal Issues and COVID29 – Excerpt – Other potential avenues also turn on the exact language of the lease. If the tenant’s obligation to pay rent is conditioned on the landlord’s ability to deliver to the tenant continued access to the premises, it would reasonable to conclude that rent can be excused while the premises cannot be accessed.
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Today’s post is written by New York attorneys Michael Einbinder and Richard Bayer of the law firm Einbinder & Dunn. They have years of experience handling a variety of legal work for businesses large and small. The post today reflects their thoughts and advice regarding how small businesses can deal with the current COVID 19 issue.
Whether you’re running the small independent business or are an independent contractor or if you are a franchisor or a franchisee, you will find the information contained in this post helpful. Of course, if you need greater detail or have questions, the contact information for Einbinder & Dunn is located at the bottom of the post.
We wish everyone to stay safe and look to the future as we move past this trying and critical time in our history.
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A Message About COVID-19 By Michael Einbinder and Richard Bayer-
Photo by Clay Banks on Unsplash
Recently, we have received numerous inquiries from clients, including those in the retail and hospitality industries, concerned about the impact that Covid-19 will have on their businesses. Although the landscape appears to be ever-changing, we wanted to send this email to offer you general guidance and practical considerations as well as to highlight important legislature to keep in mind. As a firm, we are deeply committed to assisting our clients through these trying times and we will hold that commitment steadfast while new developments unfurl.
More and more states, counties and other municipalities are issuing “shelter-at-home,” work from home mandates and other restrictions on gathering in groups larger than 10, 20 or 50. The impact of such mandates has been felt across the board and has been especially painful for restaurants, bars, nightclubs, gyms, movie theaters, retail businesses, barber shops, health and beauty salons and countless other consumer facing businesses.
Real Estate Lease and Other Contracts
It is not surprising that in this current climate, many businesses are seeking help to understand their lease obligations. Can they close their store, restaurant, or business? Can they stop paying rent? The short answer is likely yes, but not in every instance. Your lease may contain clauses that may allow you to close your business and/or stop paying rent. Additionally, applicable case law may also support your ability to close your business and/or stop paying rent.
You are likely seeing the terms force majeure and “Acts of God” appear frequently in articles, newsletters and other publications as more and more businesses are looking for ways to freeze performance under a contract or perhaps, terminate the contract altogether. A force majeure clause, which typically includes a reference to “Acts of God,” is one that permits a party to a contract to be relieved from performing under that contract during a time when, due to some event outside of its reasonable control, the party’s ability to perform is impeded, hindered or prevented. Generally speaking, there is a high bar for the invocation of a force majeure clause and whether or not it will apply will depend on the exact language of the contract and the law of the jurisdiction set forth in the contract. In the context of a commercial lease, if the lease contains a force majeure clause that specifically relieves performance in the event of a pandemic or similar event, a tenant may be permitted to close and stop paying rent. However, force majeure clauses can often be a frustrating dead end because: (i) courts apply it very strictly; (ii) leases frequently apply it to limited circumstances such as delays in construction and few if any reference pandemics; and (iii) many leases specifically do not permit force majeure to forgive payment of rent.
However, in some jurisdictions case law may provide a stronger argument (than a contract) for relief from a contract, including possibly permitting a tenant to close its business and/or stop paying rent. Two such doctrines found in case law are the: (i) discharge by supervening impracticability; and (ii) prevention by governmental regulation or order. As to the former, a supervening event (such as a pandemic) may allow a tenant to close and/or stop paying rent if an event occurs, the non-occurrence of which was a basic assumption upon which both parties made the contract. The event must have been unforeseeable. The standard is high. It is not enough that the business has been made difficult or unprofitable, it must have been rendered impracticable, which means incapable of being performed. In the context of a lease, if customers are legally restricted from visiting a business location due to unforeseen circumstances (a pandemic lockdown), a court may find that to be sufficient under the supervening impracticability doctrine to permit the tenant to close and/or stop paying rent.
Prevention by governmental order is self-explanatory and much easier to prove. As in the case of the recent order by the Governor of New York, if a business is simply prohibited from operating due to unforeseeable circumstances, which prevents it from operating according to the terms of a contract (in a lease situation, the business is prohibited from operating in the premises), then the party may be excused from performance (in the case of a tenant, remain open or pay rent). The businesses that were targeted in the original Governor’s Orders in New York, such as gyms and movie theaters, certainly can argue they fall into this category. There is a gray area if businesses, such as restaurants, are able to partially operate through takeout and delivery. Whether their level of operation is enough to make their businesses legally “operable” will probably have to be tested in court.
Other potential avenues also turn on the exact language of the lease. If the tenant’s obligation to pay rent is conditioned on the landlord’s ability to deliver to the tenant continued access to the premises, it would reasonable to conclude that rent can be excused while the premises cannot be accessed.
Assuming for a moment that applicable law does not permit the tenant to close its business and/or stop paying rent, many businesses will make the practical decision to do just that. What repercussions may follow from that will likely be specified in the lease and subject to state/county/local municipality mandates. Many jurisdictions have already announced moratoriums on commercial evictions.
Many of the legal principles that offer an avenue for tenants to close and/or stop paying rent under a lease may also be applied to other contracts, including force majeure, doctrine of supervening impracticability, prevention by government regulation as well as others including frustration of purpose). Again, whether performance can ultimately be excused will depend on the exact language of the agreement and the applicable jurisdictional law.
We are urging clients to review their leases and contracts for the types of clauses that we highlighted above. We can help if you like with the review and the development of a plan of action for the future. With a proactive approach and open dialogue with the other party (whether your landlord, supplier or other contracting party), you may be able to develop a plan of action that gives you relief now and provides for the continuation of your business after things normalize.
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Businesses with insufficient cash reserves or access to capital will likely struggle during this time and for many, unfortunately, this outbreak will result in their permanent closure. For companies suffering from or expecting to suffer from a cash shortage, obtaining a credit line or increasing one is critical. We strongly recommend that such businesses immediately contact their existing banking partners to see what opportunities for financing are available. If your current banking partners are unable to assist, please let us know. We have cultivated strong relationships with contacts in the banking and financing industries and may be able to make an introduction.
The U.S. Small Business Administration has implemented a disaster loan assistance program under which, small businesses that have suffered economic injury as a result of Covid-19 may qualify for low-interest federal loans. Loans of up to $2,000,000 may be offered for use to pay debts, payroll, or other bills that cannot be paid due to the impact of Covid-19. Here is a link to the SBA’s website: https://disasterloan.sba.gov/ela/ Other relief may become available and businesses should continue to search for grants and programs that may provide additional funding.
In addition to increasing your access to capital, you should be acutely aware of voluntary assistance initiatives being offered by your existing business partners. Numerous credit card companies are encouraging customers who are experiencing financial hardship due to Covid-19 to reach out and discuss available options, which may include fee waivers, temporary interest rate reductions, waived penalties for missed payments Con Edison, a provider of electricity and gas in New York, is offering to extend payment deadlines to customers without penalty, provided that customers apply for that assistance. Throughout the country, other business partners will be offering similar assistance initiatives.
Insurance
We are advising all clients to review their insurance policies carefully and especially, their business interruption coverage. Business interruption insurance is generally intended to cover losses from a direct interruption to a business. It typically covers lost revenue, and fixed expenses, such as rent and utilities. Some companies may have additional coverage in the form of a contingent business interruption policy which is intended to cover losses resulting from indirect disruptions, such as supply chain issues. Because many insurers excluded viral or bacterial outbreaks from standard business interruption policies as a result of the SARS outbreak, whether your policies will cover losses resulting from Covid-19 business interruption will turn on the exact language of the coverage.
These are extremely difficult times and businesses are forced to consider making equally difficult decisions regarding their employees. The White House has requested that states delay reporting lay off figures out of a fear that the skyrocketing numbers will set off another wave of panic in the stock market. Without a doubt, the number of layoffs will be staggering. Union Square Hospitality Group has already announced layoffs of 80% of its work force. Hotel and hospitality heavyweights such as Hilton, Marriott and MGM have furloughed tens of thousands of employees.
While not garnering the same media attention, small businesses will have to make the same decision. Principals will need to determine whether the business continue to pay staff their full wage during this outbreak or will it be forced to lay off employees, or short of that, furlough salaries until things recover.
Federal and state governments are keenly aware of this issue and are seeking to implement relief packages. Phase I included the Families First Coronavirus Emergency Response Act, which was signed into law on March 18th. The Act extends sick leave to workers diagnosed with or in quarantine due to Covid-19. A tax credit is made available to employers in an amount equal to 100% of the qualified sick leave wages paid by the employer. New York State has announced that employers are required to provide job protection and paid sick leave for individuals who have been quarantined as a result of Covid-19. New York City has enacted an Employee Retention Grant Program that offers assistance to New York City businesses with one to four employees that demonstrate at least a 25% decrease in revenue as a result of Covid-19. Other states and local municipalities may have similarly enacted assistance packages.
Further financial relief will required. As of today, potential recovery plans would give $1,200 to many Americans. Ongoing assistance will undoubtedly be necessary. New York has waived its seven-day waiting period to register for unemployment insurance and reports indicate that over 21,000 calls were made in a single day compared to approximately 2,000 the week before.
Government Support
In addition to the initiatives indicated above, the Federal government has extended the tax filing deadline until July 15, 2020. Tax payers will now have until July 15, 2020 to file and make tax payments that would have otherwise been due on April 15, 2020. If you are expecting a refund, you may want to file your Federal tax return as soon as possible. It is unclear when refunds will be issued, but those funds, if issued, would be helpful during this outbreak. New York State, at the moment, is silent on this issue, but we expect further guidance. We recommend that you keep abreast of state updates.
===================================== About Einbinder & Dunn
Our story begins in 1990, when Michael Einbinder and Terrence Dunn became partners. We shared a vision to offer clients real value—by providing personalized, yet cost-effective legal services. We also employ a team of professional, highly dedicated associate attorneys and two paralegals, in addition to other support staff, all of whom share the partner’s vision of a sophisticated yet personalized practice. Based in Midtown Manhattan, with offices in White Plains and Millburn, New Jersey, Einbinder & Dunn serves mid-size and larger companies as well as small businesses and entrepreneurs.
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DISCLAIMER
This post is not intended to constitute legal advice, which would require a full review of your agreements and further clarity on the government response, which is in constant flux. All information, content and links in this email are provided for general information purposes only. Information below may not constitute the most up-to-date legal or other information, as the same is continuously changing. This email contains links to other third-party websites. Such links are only for the convenience of the reader. We do not recommend or endorse the contents of the third-party sites. Readers should contact an attorney to obtain advice with respect to any particular legal matter. No reader should act or refrain from acting on the basis of this email without first seeking legal advice from counsel in the relevant jurisdiction. Only an attorney can provide assurances that the information contained herein, and your interpretation of it, is applicable or appropriate to your particular situation.
If you’re considering entering the world of “Self Employment” one of the best way to reduce risk is to purchase a franchise. A franchise affords you the opportunity to join a company with a proven business model and a track record of success. It’s better than “going it alone” …When you consider the number of “moving parts” connected with starting your own business, franchising makes all the sense in the world. You’ll get a business system along with the guidance and experience of the franchisor. Here are just three brands in our portfolio that are featured as our Top Picks this week.
GET THE UPDATED SKINNY ON THIS FRANCHISE OPPORTUNITY
SKINNYPIZZA * New Territories available
* Smaller retail footprint
* Lower cost of entry
* Great co-band opportunities
America has a real passion for pizza. Since the first pizzeria opened here in New York City in 1903, pizza has grown to the most popular food in America. An incredible 93% OF AMERICANS gladly admit they eat pizza at least once a month.
Our passion for pizza is staggering. The National Restaurant Association (NRA) indicates that pizza sales represent almost $38 BILLION IN AMERICA — over $100 BILLION worldwide. Where is our love for pizza heading? The trending is actually very clear.
The research firm Technomic® in their most recent “Pizza Consumer Trend Report” found that 41% OF AMERICANS say they would be happy to pay for healthier ingredients including ORGANIC TOPPINGS AND CRUSTS, as well as all-natural LOCALLY SOURCED ingredients.
What makes it SKINNYPIZZA®? We have spent years creating a thin pizza crust that has great taste and complements any topping. At the same time, we have carefully crafted our entire menu for those that are health- and environmentally conscious, as well as those that simply love great tasting pizza, salads and soups.
Our PIZZA CRUST is made with NO PRESERVATIVES or ADDITIVES. That alone is something that is incredibly rare, actually reserved to the top 1% of pizzerias. Our PIZZA SAUCE is made with 100% USDA CERTIFIED ORGANIC tomatoes.
But the SKINNYPIZZA® concept does not end there. Along with the best tasting pizza you will ever eat, we have carefully developed our menu to complement our healthy approach to great Italian fast-casual dining.
This approach is terrible not only because you have empty spots in your pipeline but also because an ebb and flow in the advertising plan sometimes may cause the “brand” to disappear for awhile and send the franchise buyers a less than confidence inspired massage. For a start-up or emerging brand, this is the equivalent of a jet airliner “pumping the brakes” to save fuel while attempting to “take off.” It usually leaves a mess at the end of the runway.
Lead Generation, Franchise Sales and Reality By Gary Occhiogrosso – Managing Partner – Franchise Growth Solutions, LLC.
Photo by Kees Streefkerk on Unsplash
The best way to get results in franchise lead generation is to remember that NOTHING works a lot, but everything works a little. What does that mean? It means for a start-up or an emerging brand (under 50 units), you need to try various lead sources to test which “streams” bring in the type of leads at the rate necessary to make your sales plan.
Look at all the factors in the game
Cost Per Lead and Cost Per Acquisition are only two KPI’s to look at when monitoring your program and its results. It is not as straightforward or revealing to limit your decision based on “how much did I spend and how many units did I sell.” The Reality is; it takes numerous elements to gain success. Such as time to build your pipeline (5-8 months), consistent follow up by a competent, highly trained, and relentless sales staff. As well as accepting the reality of the selling cycle
(about 120 to 180 days) and a realistic lead generation budget to pursue a professional and sustainable franchising recruiting effort. Your brand will NOT “sell itself.”
The Reality is that consistency in lead flow is also essential. I have seen many start-ups and emerging brands take a hiccup approach to franchise lead generation. This approach is terrible not only because you have empty spots in your pipeline but also because an ebb and flow in the advertising plan sometimes may cause the “brand” to disappear for a while and send the franchise buyers a less than confidence inspired massage. For a start-up or emerging brand, this is the equivalent of a jet airliner “pumping the brakes” to save fuel while attempting to “take off.” It usually leaves a mess at the end of the runway.
Royalties will make you the King or Queen
For me, the most important thing for a start-up or emerging brand to remember is the “value” of your franchisee over the lifetime of the franchise agreement. The Reality is; if you calculate the royalty return over that period, you will see the real reward of consistent lead generation and awarding a franchise. Calculate your Royalties on your AUV’s by the number of years you expect your franchisee to be in business, and it’s obvious. Do the math. Keep that in mind, and you won’t think the “Cost Per Acquisition” is too high unless you are attempting to “fund” your new franchise company from the upfront franchise fee collected. Funding your growth solely with the Initial Franchise Fees is never a good idea.
You should be in the franchising business for the royalties and the eventual exit, not the franchise fee. News Flash, focusing on the collection of Franchise Fees doesn’t work and often puts not only the franchisor in jeopardy of failure but also the franchisee. When you focus on the franchisee’s success, you will build a better organization, better equipped to support your franchisee. Successful franchisees paying long term, residual income from ROYALTIES is the way to BUILD YOUR BUSINESS.
A bigger “kiss” at the end
The Reality is; the sale of franchise companies (especially to Private Equity firms) have proven time and time again, that multiples paid on Royalty driven EBITDA at exit are more significant than the multiple typically offered on EBITDA derived from company operations. That’s because it’s scalable at a faster pace and with a lower cost.
Building a franchise business as a Franchisor requires a great concept, a comprehensive system, manuals and training, proven results, capital, planning and patience. If you remove any one of these components the journey may be an endless winding road with no clear direction.Talk to us to get started.
You have used the franchise system, brand, and people to build your business. Don’t be afraid to use them to exit.
They have a critical interest in a successful transition. Use them to help you close the deal.
In today’s post, Tom Spadea, Founder and Partner in Spadea-Lignana Franchise Law shares his thoughts on the best way to sell your existing franchise business. As you might imagine there are steps that you need to be aware of while moving through this process. Working with your franchisor is just one way to expedite and ensure a smooth transition. Selling your business is a big decision. If you’ve worked with the end in mind then it should be a payoff, not an act of desperation. The payoff after years of smart work should be reflected in the multiple paid on EBITDA from an eager buyer who sees value. One thing I’ll remind you; Buyers want “potential” but they don’t often actually pay for it. Smart buyers will pay based on a specific set of guidelines to determine “valuation” or “enterprise value” which directly equate to selling price and price paid. This article explores best practices and tips when selling your franchise.
Where Do I Start if I Want to Sell My Franchise or Buy an Existing Franchise?
By Tom Spadea – Spadea Lignana Franchise Law
If you have made the decision that now is the time to exit a franchise, you need to accomplish three critical things before placing your business on the market. If you are interested in buying an existing franchise, it’s also important to understand these three factors because it can affect how you move forward.
1. Discuss Future Plans
First, you should discuss with your franchisor what your plans are. All franchise relationships eventually come to an end. You are probably not the first and won’t be the last franchisee to exit the system. You have used the franchise system, brand, and people to build your business. Don’t be afraid to use them to exit. They have a critical interest in a successful transition. Use them to help you close the deal. If you have a specific reason why you think telling the franchisor will compromise your exit, then you should discuss that with your franchise attorney. If you don’t have an attorney that you are comfortable working with, please give us a call for a free initial consultation at 215-544-2452.
2. Gather Documentation
Second, you need to gather documentation and clean up any inconsistencies, errors or omissions in your paperwork. The list is extensive and you can never have too much documentation. Buyers will take lack of documentation or documentation they have to fight to get as a sign of trouble and it will break down the trust between you. Not only will it potentially affect your value, it will cause unnecessary delays.
In a small business transaction, the trust between the buyer and seller is critical. Without trust, the deal will not happen. The way you can build trust is by having all the documents readily available for any buyer who is serious about making an offer. You need to tell a story to the buyer, and that story has to be validated by documentation.
=================================================== About Tom Spadea
Tom Spadea spent more than 15 years in corporate and entrepreneurial positions before completing law school at Temple University’s Beasley School of Law. His undergraduate degree is in finance from Marquette University, where he graduated Cum Laude. Tom is a Certified Franchise Executive (CFE), a non-legal designation earned from the International Franchise Association. He has also been named a “Legal Eagle” by Franchise Times, a distinguished award recognizing Tom as a leader among his peers in franchising.
Tom is the founding member of the Philadelphia Franchise Association and is the current President and Chairman. The Philadelphia Franchise Association holds quarterly networking and educational meetings, bringing together franchisors, franchisees, and suppliers.
Read more about Tom here: https://www.spadealaw.com/attorney-profiles/tom-spadea
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Gather data on the type of people living in the area. For example, if you’re planning to open a hip hamburger joint, you want a younger demographic, which might be present near a college campus. Do the people in the area like the type of cuisine you’re going to serve?
How many times have you seen new restaurants open their doors only to close them six months later? Ever wondered why? Among the top 3 reasons is improper location selection. The most successful restaurants are not only those with a great concept, outstanding food, legendary service but also the perfect location.
Here are some critical points to evaluate when selecting a restaurant location.
Conduct a Thorough Location Analysis To be a successful food service establishment, the restaurant must fit the demographics; the restaurant needs to be accessible to the type of guests that live and work in the market it serves. Location analysis is an in-depth look at the general area you’re considering for your establishment. Gather data on the type of people living in the area. For example, if you’re planning to open a hip hamburger joint, you want a younger demographic, which might be present near a college campus. Do the people in the area like the type of cuisine you’re going to serve? Going back to the same example, an upscale seafood restaurant is probably not going to be a popular choice for most broke college students. Examine what types of businesses have been in the location you’re seeking in the past. It’s essential to understand why those previous restaurants failed to ensure you don’t repeat their mistakes.
David Simmonds, recommends “Know who your customer is- what he/she looks like from a demographic and psychographic perspective. One can accomplish this from the analysis of customer data from existing locations, or one can make as educated of a guess as possible. We recommend hiring a qualified professional who has access to different platforms of data that identifies the many characteristics and behaviors of people in defined areas.”
Also, the size of the local population is essential. You need to assess the number of customers you’ll need for your restaurant to remain profitable. Can the area sustain those numbers? The individual restaurateur can find many of these demographic data points, but Simmonds states: “While there are databases of comps available to people within and outside of the commercial real estate industry, nothing beats a CRE professional who is very active in the subject market and has relationships to obtain comps that are recent and pertinent.
Don’t Forget The Basics In addition to the location analysis, there are some critical fundamental factors also to consider. Unless you’re going to open your restaurant in an extremely high foot-traffic friendly part of town, you’ll need an easy access parking lot as close to your restaurant as possible. Additionally, the side of the street you’re on relative to the traffic flow matters as well. If people need to make a left turn ten feet from a busy intersection to get into your parking lot, they may go elsewhere. Customers love convenience, so you must build that into your restaurant footprint.
Other things that matter include the overall safety of the area, as well as whether the entrance to your restaurant is openly handicap accessible. Your patrons need to feel safe and secure, and they need to be able to easily access your building, even if they require the use of a walker or wheelchair. You need to diligently go over each one of these factors when examining possible restaurant locations in your area.
Everything is Negotiable To lease or to buy? This can be a tough but crucial question. You need to seriously weigh the pros and cons of leasing space or buying one outright. It may come down to your budget and how much you plan to spend on the remodeling and to set up your new space, as well as how much you have available to pay as rent or a mortgage. There are pros and cons to both leasing and buying. Leasing is a much more flexible option as far as the future of your business is concerned since it enables you to change locations (depending on your lease, of course) without having to worry about resale values or investing large sums of cash as a down payment. However, leasing requires knowledge in a lease negotiation. When asked about what can be negotiated, David Simmonds points out, “Absolutely, everything is negotiable, in theory. Of course, the extent to which landlords are negotiable depends on the type of business being talked about for the space, the credit and financial history of the person or entity that would be signing onto the lease, local market conditions, and each landlord’s current position in the property and goals for it.”
Another negotiable point is how much free rent time you can secure from the landlord so you can build out your space without paying rent. Simmonds answers it bluntly, “As much as you think you can get away with, without aggravating the landlord enough not to respond at all. Again, this is where a qualified professional with a thumb on the pulse of the market earn their money.”
Exclusivity For Shopping Center Locations If you’re considering opening your restaurant in a shopping center, you’ll want to negotiate some measure of exclusivity with the landlord. This will prevent another restaurant featuring the same cuisine from opening in the same shopping center. I asked David if this is a realistic expectation from a restaurant tenant. He explains it explains this way: “Typically- yes, but again, this will depend on a myriad of factors: type of restaurant, credit/financials on the lease, local market conditions; meaning how much of a landlord’s market it is, how big the center is and what tenant mix the landlord would like to see in the center.
On the other hand, if you can afford to buy a piece of property or an existing building, you won’t have to deal with any potential landlord issues or rent increases. It’s important to weigh all factors specific to your situation and location before signing a lease or buying space.
Take Your Time to Secure the Perfect Spot Using a professional commercial broker can accelerate the process, but patience is a necessary component. Though it may be difficult, don’t rush through the process. It’s completely normal to feel pressured into finding a space and jumping right in, but settling for a location that seems to be just “good enough” simply won’t cut it. The perfect space for your restaurant is out there, so if it’s a success you’re seeking, wait to find the right location, then snap it up!
ABOUT: David Simmonds
David Simmonds founded RESOLUT RE in January of 2009 and has since built a massive, international, 3rd-party, brokerage platform. RESOLUT has 6 offices across Texas (Dallas/Fort Worth, Houston, Austin/San Antonio, McAllen, Midland & El Paso), and services the great states of Louisiana out our Lafayette office, and New Mexico out of our offices in Albuquerque and Sante Fe.
RESOLUT RE represents over 40 tenants nationally, in Mexico and in Canada. We have the ability to service our clients’ expansion needs anywhere in the United States and up to 77 countries around the globe.
RESOLUT RE markets over 800 projects and exclusively represents over 250 tenants regionally across Texas, New Mexico and Louisiana.
David is a member of the International Franchise Association (IFA) and the International Council of Shopping Centers (ICSC) and received a Bachelor of Arts degree in Economics from Columbia College/Columbia University in New York City.
George can help you move out of the city and into a spacious home in the suburbs or find the perfect business location. text George at 201-245-3550 for a private consultation.
Japanese curry has been around for over 140 years, and people are still catching on to the curry craze. So let’s get you up to speed. Curry introduced to Japan during the Meiji era (1868–1912) when India was under colonial rule by the British Empire. By the 1870s, the curry was being served in Japan and became a staple in the Japanese diet. Since its introduction, curry has been completely adapted to the tastes and spices of Japan, making it something entirely native to the East Asian island. It isn’t hard to understand why people in Japan look for the comfort of curry at least once a week. The taste of curry, warm, and rich in flavor coming together with rice or udon to lull you into a happy food coma. Every region boasts its curry recipe with preferred pairings. Still, none are as unique as the curry rice recipe hailing from Ishikawa’s capital city, Kanazawa.
The critical difference of Kanazawa curry is its caramelized color and flavor, giving it a delicious melt in the mouth effect that you don’t find in other curries. Every recipe for this pot of pure indulgence suggests that in Kanazawa, the idea is to let the subtle notes of sweet ingredients catapult the savory and smoky flavors. Kanazawa curry is meticulously placed over every inch of Koshihikari rice. Then, it’s generously topped with crispy yet juicy katsu and drizzled with sweet and smokey tonkatsu sauce. Adorned with perfectly sliced cabbage for a mild crunch factor, completes this classic serving of Katsu Curry. This plate of food that will make you miss your mom. When people recount having Kanazawa curry rice, they always end with,
“I swore to myself I would never eat that much again, and then I was craving it days later.” It appears that the comforting nature of Japanese curry is what makes it so addictive and gives it foodie staying power.
About the Author
============================== Tomoko Omori, CEO of Go!Go!Curry was born and raised in Japan. She came to the USA alone to become an actress, where she received an AA degree from college majoring in Drama. She received a scholarship to study music at the American Musical and Dramatic Academy in NYC. When she was performing in an Off Broadway play, her residential apartment was burned in a fire and she lost everything.
Tomoko was then hired to work at a Japanese TV station that broadcast major league baseball. At the time, she had no idea about the rules, but learned from zero. After 4 years of traveling nationwide about 2/3 of the month, she met the perfect man in her life. However, he wanted her to stay at home, so she became a housewife for 3 months. Tomoko and her husband decided it would be best if she returned to work, so she obtained a position in advertising/sales at a local Japanese publishing company. 3 years later, she created a free magazine called Chopsticks NY to introduce Japanese food and the culture.
Now, Tomoko is working in her fourth carrier as a restaurateur. Her restaurant is called Go! Go! Curry, a grab-and-go Japanese comfort food restaurant. There are over 75 locations in Japan, and the first location in the USA was established near Times Square on 38th St. and 8th Ave. in 2007. At that time, Tomoko helped the company with their advertising in her magazine. Five years from their first establishment, in 2012, she was asked to be President and joined their company.
When Tomoko took over as President, the restaurant was not making any profit. With only $30,000 in the bank, no credit history, and no systems in place, their 5 employees were afraid the restaurant would close at any time. Tomoko used her personal credit card to build the second restaurant and leased the equipment needed. Within 4 years, she opened 5 more in NYC and one in Cambridge, MA, and is now supporting new franchisees to expand nationwide.
She says, “Our mission is to serve our tasty curry nationwide in USA and Canada to enrich people’s food lives and make all our employees happier and richer lives both physically and spiritually. Our vision is to make many Go Go Curry locations where we make our customers smile when they eat our curry at where the people who work with smile and pride. I’m visioning all our employees’ children are proud to say their parents work at Go Go Curry.” Tomoko received the Nikkei BP Woman of the year award in 2015.
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None of the communications on this website should be construed as an offer to sell a franchise. We will not offer any franchise for sale: (1) until your state has duly registered our franchise offering or duly exempted our franchise offering from registration, if your state requires registration or exemption; and (2) until we have duly delivered our franchise disclosure document to you in compliance with applicable law.
========================== www.gogocurryfranchise.com
WELCOME TO Go! Go! CURRY USA Franchising. Since 2007 we have been serving our Japanese Curry to our hungry customers, and are proud to be at the forefront of the growing Japanese Curry craze. Over the last decade, Go Go Curry has established itself as the industry leader in this emerging culinary market which brings a unique style and flavor to the fast casual industry. Click Here For Franchise Information
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It’s essential that you develop a strong marketing strategy, which should include goals, tactics, and measurements. Having a plan can maintain you on a set course with an established style, and it can help you track your development
Using Technology To Build Your Brand By Veronica Lopez Siverio
Photo by Austin Distel on Unsplash
It’s widely known that technology and social media can basically “make or break” a brand. Every business owner has to think about ways to adapt the media to their company or restaurant.
A successful company does not see technology as only a way to brand itself or reach more audiences, but also to discover new ways of doing business.
How Digital Marketing Can Grow Your Audience
When a company is starting, usually, it doesn’t have a big marketing budget. Consequently, you have to be very wise about how you are going to spend it.
Communication is essential in the business world, therefore having an active social media presence can help your business, explains the Forbes Agency Council. Social media platforms like Instagram, Twitter, and Facebook are the best tools a company can use to track their audience, engagement, and growth.
Using platforms like Hootsuite, Google Analytics, and SEM Rush, marketing teams can strategize on content for social media and measure audiences, social media progress, engagement, and traffic.
It’s essential that you develop a strong marketing strategy, which should include goals, tactics, and measurements. Having a plan can maintain you on a set course with an established style, and it can help you track your development.
Now, the audience can be very visual. For that matter, it’s crucial that the content you portray on social media or your website be visually compelling. Meaning it should be thought out, planned, edited, it has to have a pattern, and it should always represent your brand and its identity.
Also, creating an outstanding website will contribute to your online presence. For a website to be successful, it should be user-friendly, optimized for search engines, updated every few months, and it has to be mobile responsive.
A platform that has an excellent performance is Google Ads. You can track conversions regarding how many people visited your page, from which outlets they were referred, and if they filled out an email subscription form.
Using Technology to Increase Productivity
For starters, using technology can increase productivity. Applying different software to specific departments of your company can help you see where you spent your time. It can help develop a productive filing system, and it makes communicating much simpler.
For example, cloud-based applications like DropBox can accelerate productivity by being accessible from different devices and locations at the same time.
Another critical element of a successful business is handing an excellent customer service experience. Soft ware like Customer Relationship Management (CRM) can contribute to data analysis to benefit the company’s interaction with current and potential customers.
There are many applications that great companies have adjusted to their needs and help them boost both productivity and efficiency.
Also, the use of mobile technologies has increased over the last few years. Using this technology can as well improve productivity and efficiency. For starters, these mobile devices can contribute to a happier staff. As many experts say, happy employees can be more productive, and this can minimize staff retention percentage.
This technology helps employees complete a wide range of tasks because they can do them from any location. The technology achieves more things, getting done, creating more significant opportunities for companies to grow and be even more successful.
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