Photo by Lukas from Pexels This specific suggestion will not be adopted by existing large chains, because it would be such an obvious reduction of the current royalty stream. However, well established franchisors could, and should, absorb more of the additional systemwide needs…
THE FRANCHISOR/FRANCHISEE ECONOMIC RELATIONSHIP – IT’S A NEW WORLD !!
By Roger Lipton
Almost everybody has noticed that there is an increasing strain between franchisees and their franchisors. It is no accident that new franchisee associations are being formed and existing organizations are getting more militant. There are many intangible reasons, as too many franchisors do not treat their “z’s” as partners. We have written many times that the “asset light”, “free cash flow” model is not reflecting the necessary investments in the system to keep franchisees as profitable as possible. Many franchisees are especially bothered by the fact that their franchisors are spending hundreds of millions, sometimes billions, of dollars buying back stock and making acquisitions, while leaving the franchised operators without the necessary new product development, technology upgrades, marketing initiatives, etc.etc.
========================================
Franchise your company, expand your brand, collect your royalties!
=========================================
With all of that in mind, the bottom line is the bottom line. Too many franchisees are suffering financially, under more pressure than ever. The typical franchise royalty is 5%, give or take a point, plus 2%, as an advertising contribution. There are often additional charges, not all that material in and of themselves, but adding to an already large burden. Let’s say the franchisee is fortunate enough to be making 17-18% store level EBITDA (and Depreciation is not free cash in the long run). Rebating 7 points out of 17 or 18 points starts to feel like a pretty big load, and there is still local G&A to be carried. Even if store level EBITDA, before royalties, is in the low twenties, 7 points gets to be a bother. Additionally: many franchisees, Dunkin’ Donuts and Burger King and Jack in the Box are just a few examples of mature systems where decent money is still being made at the store level because the store leases were signed ten or fifteen years ago, so occupancy expenses are lower than today’s economics would allow. That’s, of course, why so few new units are being built by many mature franchised systems, especially in the USA. Today’s economics do not allow it.
When Ray Kroc started franchising McDonald’s restaurants over 60 years ago, the royalty was 1.9%. By the 1960s, franchisors had started charging 2-3%, by the 1970s 3-4%, by the eighties 4-5%, and 5% seems to be the standard today, plus advertising and other fees.
It is not worth the mental energy and distress to put pressure on yourself for what is out of your hands. Unproductive thoughts will put you on a never-ending cycle of “I have to figure it out, I have to figure it out.” That kind of spiraling activity just runs down your batteries.
Combating financial anxiety during a pandemic
Courtesy of BRANDPOINT
Photo by Aarón Blanco Tejedor on Unsplash
(BPT) – In the face of a global pandemic, financial anxiety is an everyday reality. Concerns surrounding personal finances, businesses shutting down and market volatility have us navigating new waters, experiencing more acutely than ever before how our financial lives are intertwined with our mental health. Amanda Clayman, financial therapist and Prudential’s financial wellness advocate, works with people to better understand the emotional connection we have with money.
According to Clayman, financial stress, while it may be inevitable in these times, does not have to control our lives. Even in the midst of this crisis, we can practice good financial and mental health and grow in our ability to maintain calm.
How to ease your mind and overcome financial distress
Clayman offers the below tips on how to ease your mind and overcome your financial distress during the days of COVID-19.
Allow yourself to feel a sense of loss: These big market changes may throw a wrench in the vision you had for retirement or your 401K. This is a scary realization, and a sad one. It is natural to have an emotional response, so let those feelings come and acknowledge them as they do. By not bottling up those sensations you are better able to say goodbye to your former plans and move forward. Additionally, looking your feelings in the face and comparing them to the reality of the situation provides valuable perspective that is key in the healing process.
Embrace uncertainty as part of the plan: Concentrate on the here and now, and don’t think too far ahead. It is common to try to manage anxiety by making a plan, but that’s going to be challenging when the future feels so uncertain. Try telling yourself, “I’m going to make the best plan I can based on what I know now. Then I’m going to trust that I will figure out problems as they arise and ask for help when I need it.”
Let go of what you can’t control: It is not worth the mental energy and distress to put pressure on yourself for what is out of your hands. Unproductive thoughts will put you on a never-ending cycle of “I have to figure it out, I have to figure it out.” That kind of spiraling activity just runs down your batteries.
Be intentional, not impulsive: Anxiety floods your mind with fearful thoughts of worst-case scenarios, tricking you into believing immediate action is necessary to fix the problem. It may feel like you are making progress initially, but these are not emotionally grounded decisions and can lead to costly mistakes. What you need is space for perspective, to differentiate between internal feelings and external reality. Try stepping away from the computer or going for a walk before making big moves. Remind yourself that you are safe right here, right now.
Don’t be a hero: You don’t have to bear this weight alone. You may feel as if providing financial security is all up to you, especially if you’re a caretaker or your kids moved home to ride out the pandemic. But this is not an individual problem, it’s a collective one we can face together. So reach out — take care of each other and ask to be taken care of in return. In addition to sharing your feelings with family and friends, be in touch with creditors, landlords and service providers about your concerns. They may be able to offer a payment holiday, partial payment or interest-only payment.
Explore new types of self-care
One of the most important lessons in combating any anxiety is to remember that you will not feel this way forever. In the meantime, let’s use these moments to explore new forms of emotional and financial self-care. With thoughtful reflection, we can foster a relationship with money that promotes mental health in even the most challenging circumstances.
Let’s face it, plenty of potential customers add items to their online shopping carts and never check out. While these “abandoned carts” seem challenging, they’re an opportunity.
How Small Businesses Can Boost Sales
By BrandPoint
(BPT) – With over 30 million small businesses in the U.S., it’s tough to stand out from the crowd. Successful small businesses turn first-time customers into repeat business, building momentum and growing sales.
How can you achieve this? Marketing. Finding effective, easy-to-execute marketing strategies can boost your business by helping you engage your customers while attracting new ones. Here are some proven ideas to help your business thrive:
Engage first-time customers
Show new shoppers that they matter. Send welcome emails and recommend products to complement what they bought. Offer special deals to keep them coming back.
Utilize positive customer reviews
Did you know over 60% of consumers read reviews before buying? Reviews can include ratings, testimonials, photos, videos and more.
Treat reviews as marketing gold, sharing them with customers and prospects to build trust and increase sales. You can generate and integrate them into your website, on social media and other marketing efforts.
Turn shopping carts into opportunities
Let’s face it, plenty of potential customers add items to their online shopping carts and never check out. While these “abandoned carts” seem challenging, they’re an opportunity.
An effective way to convert abandoned carts into sales is by drawing on the power of customer reviews. Adii Pienaar, vice president of commerce product strategy for the email marketing platform CM Commerce, says small businesses can change their fortunes with this approach.
“Our most successful small business customers don’t just send a reminder email to shoppers about items left in their carts,” said Pienaar. “They take it a step further and include positive reviews and ratings about that product with the follow-up, knowing how much importance buyers place on others’ experiences. By featuring personalized product reviews for abandoned cart items, there can be a recovery rate of 5-10%.”
Spark interest with specialoffers
Entice new and returning business by offering discounts, encouraging shoppers to give your business a try.
Also, if you don’t have one already, create a loyalty program for frequent shoppers, or a referral special for those inviting friends to your website or social media.
Personalization matters
Shoppers don’t want mass emails treating them like just another number. Small businesses that tailor emails based on each customer’s shopping experiences and interests are far more successful in driving sales.
Creating customized content may sound complex, but it all comes down to how you organize your customer list. For example, segment your customers by which products they’ve purchased, then use this information to inform them how to best use their products or remind them when it’s time to re-order.
Personalization really pays off when you incorporate dynamic content — information that changes based on a person’s interests — in promotional emails. Use a customer’s previous purchases and shopping interests to generate ideas on products to complement items they already bought. For example, recommend a similar flavor of cupcakes to ones they ordered before.
Get started
These proven marketing approaches can springboard your business to success. But, how do you get started?
Marketing has greatly evolved, with many new, easy-to-use tools. You don’t need to be a marketing expert, technical whiz or creative designer to use them.
For example, CM Commerce is an email marketing platform designed for small ecommerce businesses. It can easily create professional email campaigns to enhance and grow your business.
To help small business owners, CM Commerce features pre-built email marketing recipes for everything from welcome emails and newsletters to abandoned cart reminders and more. Business owners can follow these guidelines and put their email marketing plans in place with a single click.
“I always recommend small business owners invest in email marketing,” said Pienaar. “It’s a cost-effective way to establish your brand and regularly reach your customers and prospects. Most importantly, email marketing has the potential for huge returns and can truly make your business stand out.”
“Cybercriminals are continuously looking for ways to exploit computer system vulnerabilities and home networks are popular targets because so many of our devices — phones, TVs, computers, even appliances — are connected to them,” said Jane Li, Mercury Insurance director of product management.
5 Tips To Protect Your Network From Hackers When Staying At Home
By BrandPoint
(BPT) – Being home 100% of the time has become the new norm for many Americans, as social distancing is implemented in communities across the country to slow the rapidly spreading COVID-19 pandemic. Connected devices are being used virtually nonstop, as the homebound stream shows to binge watch and video chat with friends to help pass the time. Unfortunately, most residential computing networks aren’t regularly maintained and monitored to protect against security breaches. This presents hackers with a virtual playground of which to take advantage.
“Cybercriminals are continuously looking for ways to exploit computer system vulnerabilities and home networks are popular targets because so many of our devices — phones, TVs, computers, even appliances — are connected to them,” said Jane Li, Mercury Insurance director of product management. “Insurance companies like Mercury provide solutions to help financially protect homeowners and renters if they fall victim to a cyberattack. There are also steps they can take ahead of time to help prevent one from happening in the first place.”
Following are five tips to protect your home network — and the devices connected to it — from hackers.
Power down your devices. This disables the internet connection, cutting off access to any personal information stored on your computer, tablet or phone. Unattended machines are easy targets for hackers, especially if you’re asleep.
Secure your wireless network. Information accessed on an open network, including email passwords and sensitive bank information, is fair game for hackers. Don’t make their jobs easier — protect your Wi-Fi network with a strong password that’s difficult to guess. Wireless routers that are issued by cable providers are typically assigned a network name and password that’s easily located on a label on the device itself. These can be changed using your online account, so do this as soon as possible for added security.
Invest in anti-malware software. Malware — or malicious software — can be installed on your computer without your knowledge so hackers can damage your system, steal personal information or restrict your access to extort money from you. Anti-malware software helps protect against, detect and remove malware, stopping cybercriminals from doing further damage. Also, avoid downloading music or video files from suspicious websites, and clicking on links or email attachments in messages sent from unknown senders to help prevent malware from infiltrating your system.
Install recommended updates. Smartphone, computer, tablet and smart TV manufacturers, among other providers of connected devices, offer periodic software updates to protect against potential security breaches. Chances are, if an update is recommended, hackers have already discovered a way to access your personal property and information, so keep your software up-to-date. Set your devices to install auto-updates when possible.
Beware of phishing scams. Phishing scams aren’t new, but hackers continually use more sophisticated email — and even text messages — to trick people into providing their personal information. Once again, do not click on the links or attachments in messages from unknown senders.
Li suggests homeowners and renters consider adding Home Cyber Protection to their existing policies as an additional way to protect against hackers. “Even the most vigilant individuals can experience a cybersecurity breach,” said Li. “Having coverage to help recoup financial losses that are brought on by cyberextortion or stolen personal information can offer peace of mind during an otherwise stressful time.”
===========================================
End Of Article
===========================================
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.
++++++++++++++++++++++++++++++
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.
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.
==============================
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.
===============================
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.
=======================================
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.
====================================
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.
High-Quality Bubble Tea Concept – Magic Cup Cafe to Franchise Five New Locations
PRESS RELEASE – MAGIC CUP FRANCHISING
Dallas Magic Cup Cafe, a bubble tea, smoothie, and coffee cafe concept will be franchising five cafes to select franchise partners in Houston and Dallas within the next few years.
The Magic Cup team, led by owner My Lynn Nguyen, is working with industry expert Gary Occhiogrosso, founder of Franchise Growth Solutions, to expand the turnkey Magic Cup Cafe business model. Mr. Occhiogrosso was instrumental in the successful launches of nationally recognized brands such as Ranch *1, Desert Moon Fresh Mexican Grille, and brands found under the multi-brand franchisor, TRUFOODS, LLC.
A Complete Franchise Program
Ms. Nguyen stated, “We are excited to be offering the Magic Cup opportunity to passionate entrepreneurs in the Dallas and Houston Markets. We spent the last several years perfecting our menu, systems, and marketing. We truly feel confident that we are ready to put our franchise partners in the best position to achieve success.”
As part of the program developed with Occhiogrosso and operational consultants, franchise partners will receive a total of four weeks of one-on-one training both at Magic Cup headquarters and at the partner’s cafe. Then, they will receive continual corporate support inclusive of streamlined business development, ongoing product development, and multimedia marketing as their location grows.
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.
By Gary Occhiogrosso – Franchise Growth Solutions
Photo by Sharon McCutcheon on Unsplash
==================================================================
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.
============================================================== It’s always a good day to…GOFER Ice Cream
IT’S ALWAYS A GOOD DAY TO …
GOFER ICE CREAM
========================
Our Brand is based on the simple premise of selling high quality American Style ice cream in clean and inviting retail environments, without the use of gimmicks or catering to the latest ice cream fad.We focus equally on hard hand-dipped and premium soft serve ice cream products. Our menu also includes fat free treats like “Gofer Lite” and new innovations like Plant Based ice creams and “Gofer Bites”. We also feature ice cream cakes, party boxes, online ordering and catering options for multiple income streams.Our shops are bright and family oriented.
Warm welcomes by our staff are often accompanied by the smell of fresh made waffle cones, which are created several times a day.The concept, from a franchisee’s point of view, is to be a quick service and efficient operation. The system allows for a typical shop to function with minimal staff led by a motivated owner operator.
We support our franchisee partners through the entire process. * Site selection
* Design and Construction
* Comprehensive training
* Grand opening
* Marketing Programs
* Benchmarking with industry experts
We teach you everything you need to know to open and operate your own Gofer Ice Cream shop.
Acai Express Be in the Business of Better… * Better for You
* Better for the Planet
* Better for Franchisees.
===========================
Our Beginnings
Not long ago, I was just like you. Smart, savvy, and tired of working hard for someone else’s benefit. I spent 10 years in the traditional restaurant business and knew the hard work I was doing could be made simpler with a system, made more enjoyable and less complicated, and better fit my lifestyle. My dream was to be able to put my experience to work in an easy and fun restaurant concept and support my family doing something I love. Acai Express is that.
When Passion Turned to Profit
I’ve always been an active guy who loved surfing and perfecting Brazilian Jiu Jitsu in my native Puerto Rico, but finding healthy and delicious food on the go and at the beach was a challenge. So, I started selling my own homemade organic super food bowls and smoothies. I used only the freshest ingredients and the centerpiece of all my creations was the 100% organic Grade A acai berry, a rich anti-oxidant stone fruit that grows on trees in the Amazon river basin. I just knew then that it was packed with flavor and goodness, but today the acai berry is considered a benefit to all kinds of health and well-being: cognition, heart health, aging, and weight loss. My acai-based menu got so popular, I started adding to the menu and selling out of my own food truck. When the number of my trucks went from one to thirteen and were located throughout Puerto Rico, I knew I had a business concept that small business owners anywhere could use. And, one that could marry an active lifestyle and career with an appreciation of honest, organic and nutrient rich foods. That’s the best part of Acai Express for me. I was able to be successful on my terms without sacrificing my intrinsic values.
Join the Family
When you become a member of the Acai Express family, even though our system is simple and easy to follow, you’ll work one-on-one with me and my team of franchisees and employees to ensure your success. We’re not some faceless corporate giant, we are the guys who get it done, and like you, are committed to success. Because your success is our success. You’ll also benefit from our hard won knowledge of what works, how to market and what consumers want. And, you’ll be part of a healthy lifestyle movement that has quickly gone from trend to established consumer demand.
===================================================
Franchise Disclaimer
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.
