For all our franchisor subscribers; we think this is big news especially in these trying time. Robert Cresanti- President and CEO of the International Franchise Association (IFA) have just notched a major victory in the battle regarding ASC 606 and the Franchise Revenue Recognition Rule.
Below is the Letter Mr. Cresati emailed to IFA members announcing the good news.
===========================
Dear IFA Member:
I am writing to share an important, exciting – and non-coronavirus – piece of good news. This morning, the Federal Accounting Standards Board (FASB) delayed implementation of their ASC 606 revenue recognition rules for one year!
While addressing the economic impacts of COVID-19 has been our primary focus over the last month, we have continued to press forward with our other franchising priorities, particularly the 606 recognition rules as FDD filing deadlines loom ahead.
Over the last several weeks, IFA staff and members have had several important and direct conversations with FASB, including with the current Chair, Russell Golden, and other members of the Board and technical staff. Today’s announcement is the result of that – it’s even more impressive that this delayed implementation is exclusive to franchises!
Following this morning’s decision, FASB will begin the process of taking public comment on an alternative accounting standard for private sector businesses (an “expedient”) that will allow us to make the case that certain pre-opening costs are earned immediately and should be recognized as such. IFA will keep you abreast of developments as we prepare our public comments.
We appreciate FASB’s efforts to provide relief to the franchising sector during this unprecedented time and thank them for their unanimous decision. Understanding that many franchise brands have spent considerable time and resources on filings to date, we encourage you to discuss with your legal and auditing firms whether any amendments may be made to year-end audited financial statements.
In the meantime, please don’t hesitate to reach out to Suzanne Beall with any questions. We hope this bit of good news provides you with a little hope in the midst of the crisis.
Thank You,
Robert Cresanti, CFE
President & CEO
International Franchise Association
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.
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.
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.
When we embed corporate social responsibility initiatives into the culture of an organization, we create a culture of caring for employees and greater value and accountability to all business stakeholders.
Can a Company Be Great Simply By Doing Good? By Bizman
Photo by William White on Unsplash
Today we hear so much about corporate responsibility. Organizations focus on building sustainable products and taking a proactive interest in the communities where they operate. Many budget for initiative programs designed to ensure that the company is connecting and engaging the people they classify as “customers.” This shift to “Corporate Conscience” is due in part to how younger workers think about the world and choose the companies they decide to work for.
Corporate Mission With A Broader Approach
Companies now employ people who have a specific mission; to create and/or seek opportunities in the community whereby the company can connect and participate in outreach aimed at at supporting locally motivated programs.
When we embed corporate social responsibility initiatives into the culture of an organization, we create a culture of caring for employees and greater value and accountability to all business stakeholders.
Stakeholders can include any and all – customers, communities, employees, the environment, investors and shareholders.
It’s this conscientious business philosophy that can help companies not only in their pursuit of profits but also in leading and inspiring their people, customers, vendors and partners to greater responsibility, enrichment and sustainability.
In Conclusion:
* Corporate Conscience is not a fad or publicity narrative, rather it is a focused effort to give back to the community.
* Corporate Social Responsibility has grown into a more “grassroots” approach to creating a better work/life balance in and out
of the company.
*Corporate Conscience initiatives lead to increased customer engagement, employee moress , productivity and eventually ROI.
Franchising allows the silver economy to invest in themselves, and have an active hand in their own success.” Occhiogrosso adds, “Older Americans are one of the fastest-growing segment of franchise buyers. The percentage of adults 50+ who are franchise owners has grown from 20 percent in 2010 to an estimated 35 percent in 2020.
Photo by Simon Wijers on Unsplash
Franchising: The Best Investment Older Americans Can Make?
Over 10,000 Americans turn 65 every day (*1) and by 2030, it is estimated (*2) that the entirety of the Baby Boomer generation will be over the age of 65. For corporations, this older workforce presents challenges. An estimated 41% workers over the age of 60 choose to work well past age 65 for social or financial reasons (*3). Many companies would prefer to clear the way for younger, less costly employees, and as a result, more than half of older U.S. workers are being pushed out involuntarily, or are being asked to take a voluntary early retirement. (*4)
For these still active workers, and especially those with a large buy out in the bank, franchising may be a viable Act II. “Many adults by age 60-65 have an investment or retirement portfolio of stocks and bonds,” says Gary Occhiogrosso, Founder and CEO of Franchise Growth Solutions LLC, a New York-based strategic planning, franchise development and sales organization. “That means that for years mature adults have basically invested in other businesses, passively counting on the success of those businesses for their own financial success. Franchising allows the silver economy to invest in themselves, and have an active hand in their own success.” Occhiogrosso adds, “Older Americans are one of the fastest growing segment of franchise buyers. The percentage of adults 50+ who are franchise owners has grown from 20 percent in 2010 to and estimated 35 percent in 2020.”
=======================================================
The appeal of a franchise for an older American looking to take an active role in their own business, includes:
Benefit from the success of an established business
– Almost like a business in a box, when you align with a successful brand you are buying the benefit of their established brand, and their marketing, distribution and supply chain.
Choose a franchise concept and size that works for you
– Today, there are franchises of every size and budget. Most important is to find a concept you can get behind and champion.
Take advantage of a franchisors image, marketing, and location services
– In addition to speed to market, when you invest in a franchise, you are buying into a proven concept and a proprietary operating system. Rather than DIY, a franchise means in-depth training and hands-on support in every aspect of the business: from financing and location to store design and local marketing.
Franchising lessens the obstacles of financing through a bank
Many franchisors are registered with the SBA (Small Business Administration) thus reducing SBA obstacles to getting financing. Lenders take into account the franchisor’s experience and reputation when deciding whether or not to lend money.
Work the system to make it work for you
– Many older workers have been successful by following a system or way of doing business. Adapting to a proven formula helps you avoid costly small business mistakes. Once you are up and running you are no longer working the system, the system will be working for you.
Long term growth
– Franchising can offer a shortened timeline to profitability. The structure a franchise offers lessens the learning curve, allowing you to get up to speed faster. Once you have the brands system working for you, you can think about expanding to become a multi-unit franchisee.
Fulfill a lifelong dream
– Nearly two-thirds of Americans would rather have their own business than to work for someone else. The idea of starting a business from scratch can be intimidating, but a franchise provides a proven model of success and unmatched support.
Create a legacy
– In addition to creating an asset, successful franchisees create a legacy for their families. Older franchisees can pass on their business to their children as a growth opportunity and enjoy continued income during retirement. If you do decide to sell, most franchisors will help you locate a new buyer and assist with the arrangements.
Occhiogrosso, who has over 30 years experience in selling and marketing brand name franchises, states, “As the saying goes; If you want to go into business for yourself but not by yourself, then franchising is a great option. This is especially true for experienced older people looking for an exciting and rewarding Act II.”
For more information on franchising over fifty, visit the Franchise Growth Solutions website at www.franchisegrowthsolutions.com or call 917.991.2465
ABOUT FRANCHISE GROWTH SOLUTIONS, LLC
Franchise Growth Solutions, LLC is a strategic planning, franchise development and sales organization offering franchise sales, brand concept and development, strategic planning, real estate and architectural development, vendor management, lead generation, and advertising, marketing and PR including social media. Franchise Growth Solutions’ proven “Coach, Mentor & Grow®” system puts both franchisors and potential franchisees on the fast track to growth. Membership in Franchise Growth Solutions’ client portfolio is by recommendation only.
For information on Franchise Growth Solutions or any of its franchise opportunities, please contact Marisa Rae at 917.991.2465 or via email at [email protected]
He explained that through his experience and the help of a little sonar gadget on his boat, that he knew there was a shoal of fish below. We all slung our rods over the side and dropped our lines.
Fishing for Leads – The 5 Steps By: Peter Lawless
The first thing that I noticed when I got onto the small boat at the harbour in Enniscrone, Co. Sligo, was the cleanliness and order of the boat. The skipper in charge had all of the rods, upright, with their lines neatly tucked away, in holders. The holders were made out of piping, about 30cm long, which had been welded to the side of the boat.
A simple, inexpensive aid had made me sit up and pay attention. This skipper thought about his customers, and this device left a strong impression. We then got a very short lecture on safety, checked we had our life jackets on, and off we went. About 12 of us!
Finding your target market
About 12 minutes later, the skipper stopped the boat, and told us we should find some mackerel here. He explained that the lures on the hooks looked just like what mackerel wanted to eat. It certainly was not something I would have fancied!
He explained that through his experience and the help of a little sonar gadget on his boat, that he knew there was a shoal of fish below. We all slung our rods over the side and dropped our lines.
Reeling in the sale
Now I don’t know about you, but this was totally new to me. I wound up the line frantically, as soon as I felt a tug, and hey presto, there were three fish dangling off the hooks. I started flailing about, one jumped off before I even got it in over the side, and when I was trying to reel it in the final bit I lost another one. The one that I got in, I lost down the gutter when I finally got it off the hook.
The skipper explained to me, that once a fish took the bait, I should give a quick tug on the rod, to make sure it was firmly hooked. I should then take my time, to reel it in. Secure the rod in the holder, with the fish hanging over the bucket and deal with them one by one – I did, and I ended up with 20 fish, which delighted me, as I had set a target of 10, since my friend had caught 9 on his first time
So what are the lessons for marketing – if you are still with me, and have not already got most of them, here they are in business speak;
1. Set goals and targets that are realistic, and based on some valid foundation or research.
2. Have simple procedures set up, to make it easy to operate and for your customers to conduct business with you.
3. Speak in your prospects language, about what they want – it’s a bit like the fish bait, unlikely that strawberries and cream will catch many mackerel!
4. Once you know what your prospects like, find out where they are, do some research and target them accordingly – as in our example, not much point in putting down shark bait in a shoal of mackerel.
5. Once you get your customers attention or have a lead, qualify it, and ensure you follow up at all time to close the sale. Again the use of a good sales process is essential here.
The bottom line, if you know what problems or desires your customers have, and you can solve or fulfill these, while providing value for money, you will always be a winner.
And if you don’t know the answer to that question, go ask the people who have already bought from you – they do!
Author Bio
Business Owners who need more sales and better marketing advice, turn to Peter Lawless, of 3R Sales & Marketing. For previous articles and interviews like this, visit our website and subscribe to Success. We also provide free Sales & Marketing Assessments for Business Owners with an Irish Connection.
Typical separate performance obligations for a franchisor include site selection, training and equipment necessary to operate the franchise The remaining portion of the franchise fee must be deferred and amortized over the life of the franchise agreement .For nonpublic companies(most franchisers) this new rule is effective with the year ending December 31,2019.
The New Revenue Recognition rules-What is the Impact for Franchisors
By Barry Knepper – The Franchise CPA
The Financial Standard Board(“FASB”), the rules setting body for the accounting industry, has issued a new comprehensive revenue recognition model for all contracts. Franchise agreements are directly impacted by this new rule.
New Rule
This new rule requires that each contract be analyzed to identity the separate performance obligations that the franchiser has assumed as part of the franchise agreement and then allocate a portion of the franchise fee to each obligation .Typical separate performance obligations for a franchisor include site selection, training and equipment necessary to operate the franchise The remaining portion of the franchise fee must be deferred and amortized over the life of the franchise agreement .For nonpublic companies(most franchisers) this new rule is effective with the year ending December 31,2019.
Why this change matters to you:
It requires restatement of prior years financial statements issued or a cumulative catchup including analysis of every franchise agreement in place as of December 31,2019
Your financial statement will likely show greater liabilities and less equity-particularly in smaller companies -thus weakening your financial position.
========================================================= Click here to learn how to franchise your business.
=========================================================
There is an increased likelihood of state-imposed restrictions on use of franchise fees
There is the potential to scare off prospects based upon the weakening of franchisor’s financial position due to deferral of recognition of franchise fees.
Taxes are due on fees received but not recognized in financial statements
It is important that you begin the analysis process now so that it does not hold up the completion of your audit. We are available to help you implement this new rule.
===========================
ABOUT THE FRANCHISE CPA
The Franchise CPA’s CEO, Barry Knepper, CPA, has had a 40-year career as a senior financial executive including the international public accounting firm, Ernst and Young. While serving as CFO of a $100 million company he managed its initial public offering (“IPO”) and raised a total of more than $100 million of equity and debt financing for expansion. Barry is a member of the Board of Directors and chairman of the audit committee of Coffee Holding Company, a publicly traded integrated wholesale coffee roaster and distributor.
At The Franchise CPA we are dedicated to the accounting needs of franchisers of any size and industry, providing financial statement audits, royalty audits and part time CFO services.
Our success and client satisfaction is due to the specialized service we provide to clients. Our fee structure is lower than others because we keep overhead to a minimum and focus on franchising.
We have a unique combination of real-world franchise experience. Our team has served as the full time CFO of multi concept franchisee and as a part time CFO for diverse concepts. We have performed financial statement and royalty audits for more than 80 franchisers. Having experience as a franchisee as well, we understand the sensitive nature of the franchisor/franchisee relationship and work hard to preserve that relationship.
Through our part-time CFO services we meet the needs of franchisers that do not need or cannot afford a full-time controller or CFO. As your part time CFO, we will assist you in improving your financial performance, maximizing cash flow and building long-term value.
As a small business owner, time and cost savings are precious. Make sure you know what tools your business needs to function smoothly, and choose the most efficient, cost-effective equipment to meet those needs. Whether it’s a good phone system, up-to-date computers or a shredder to safely dispose of sensitive documents, your business is only as good as the equipment you rely on.
4 key resources small businesses need to succeed
(BPT) – SPONSORED
From small home offices to co-working spaces to hotels and airplanes — as a small business owner, you’ve likely learned that being flexible with your work environment is critical to establishing and growing your business. No matter the spaces you travel to and run your business from, there are a few important resources to have in place to ensure that your operations are productive, efficient and a step ahead of your customer’s needs.
Office-quality equipment at consumer prices
As a small business owner, time and cost savings are precious. Make sure you know what tools your business needs to function smoothly, and choose the most efficient, cost-effective equipment to meet those needs. Whether it’s a good phone system, up-to-date computers or a shredder to safely dispose of sensitive documents, your business is only as good as the equipment you rely on. For example, a great product to invest in is a high-quality, reliable cartridge-free printer, like the Epson® EcoTank® Monochrome Supertank printer. Print more and worry less with a printer that comes with an easy-to-fill supersized ink tank that holds enough ink to print up to 6,000 pages and has a fast first page out time. Available in-store at Office Depot and OfficeMax, the Epson EcoTank wireless SuperTank printers also allow you to use voice-activated printing via Amazon Alexa, Google Assistant and Siri, giving you the convenience to focus on what’s most important for your business.
Professional IT support
Build a tech support team that keeps your business running no matter where you are. You likely don’t have the time to run your business and be your own IT support help desk. With help from a 24/7 remote tech support team from Workonomy™ at Office Depot, you can have access anytime and anywhere to a dedicated experienced tech support team by chat or phone. There’s never a good time for computer problems, but with a reliable 24/7 tech support team that helps with everything from data recovery to virus scans, you can have confidence that your tech will be running smoothly and optimize your business for efficiency.
A method and a space for resetting
Just because you can bring the office with you wherever you go doesn’t mean you should. Make time to leave it all behind. Create a toolbox of activities that help you reset, relax and rejuvenate your thoughts so you can bring fresh ideas to your business. From a brisk walk or a podcast episode to a phone call with a friend, choose one or two activities that you can quickly call upon each day to reset your mind and passion.
A workplace that’s as flexible as you are
Whether you are traveling, meeting a new client, need some help with your laptop or just want a small space to call your own, a great resource to have on hand is a co-working space. Office Depot’s Workonomy™ Hub co-working service provides support and assistance to home-based and small businesses in select locations. From private offices and conference rooms to daily drop-in, there’s a space and a plan that fits your work style. You can also take advantage of services including tech support, storage, packing and shipping, and more. Check out the available services and locations near you at officedepot.com.
Being a business owner requires you to wear a lot of hats and sometimes work in unique and on-the-go places. Your environment doesn’t have to impact the output of your business. With the right equipment and tech support, outlet to relax, and a flexible co-working space, you can set your business up to run efficiently and give yourself more time to do what you’re most passionate about. Sponsored by Office Depot.
This post is to simply inform and alert any franchise CMO who inherits one of these troubling vendor relationships. If you don’t own control of your online assets, you’re going to have unfriendly challenges ahead of you. We’re currently on boarding several clients that are experiencing these challenges. Here are a few results that we’re seeing with brands that are transitioning from this arrangement.
The franchising community is complicated. With thousands of franchisees operating under thousands of corporate brands, breakdowns in communication are inevitable. As partners of these brands and franchisees, the franchise marketing community should be working to build trust and stability throughout the franchising network, not actively adding to the confusion.
Unfortunately, many franchise marketing vendors are misleading the franchising community. As some vendors put franchise websites on custom content management systems, they’re neglecting to tell these brands the consequences of this arrangement. Mainly, that franchise brands are unknowingly relinquishing ownership of their site and other web assets.
This arrangement might not seem like a big deal at the outset of an engagement. But when these brands decide to change course, it’s the brands that are left with the complicated transition — a transition that threatens long-term damage to not only their online presence, but the brand itself.
This post is to simply inform and alert any franchise CMO who inherits one of these troubling vendor relationships. If you don’t own control of your online assets, you’re going to have unfriendly challenges ahead of you. We’re currently on boarding several clients that are experiencing these challenges. Here are a few results that we’re seeing with brands that are transitioning from this arrangement.
* It’s your logo. They’re your words. But they aren’t your pages. Your site pages are being hosted and managed by a third-party business.
* When transitioning off the vendor-owned pages, if you don’t own your content (images, videos, etc.), you will be starting from scratch.
* Some vendors are including proprietary tracking code within your site structure. If not identified properly, this can cause significant issues during site transition.
* If you’re using a subdomain hosted on a separate IP address, you will not get the same SEO benefit, and will need to spend time pointing links to new subdirectory location pages.
* Lack of custom Content Management System (CMS) build out.
* Limitations with Conversion Rate Optimization (CRO) strategies.
Whether these imbalanced vendor-client relationships stem from a genuine misunderstanding or an unethical approach, it’s imperative that all franchise brands are aware of the potential pitfalls of the arrangement. I’d love to continue the discussion.
——————————————-
ABOUT THE AUTHOR – Andrew Beckman
As Chairman of Location3, Andrew Beckman oversees strategic direction and business development initiatives in conjunction with the agency’s Executive Board. Andrew founded Location3 Media in 1999 as a direct response digital partner with a portfolio of services that included PPC management, SEO, local search marketing, display marketing, social media marketing, content strategy, website design & development, web analytics management and more. Since 1999, Location3 has evolved into a full service digital marketing agency that delivers enterprise-level strategy with local market activation.
Prior to founding Location3, Andrew was an international sales manager for DoubleClick, Inc. where he was charged with opening new sales offices, as well as training teams on U.S. search marketing strategies for the original AltaVista Search Engine. Andrew is an expert in local search marketing strategy and is a frequent presenter at industry conferences including SES, SMX, StreetFight Summit, ClickZ Live, PubCon, BIA Kelsey and more. Follow him on Twitter. ——————————————-
ABOUT LOCATION3
Location3 is a digital marketing agency that delivers enterprise-level strategy with local market activation.
As the premier digital marketing partner for franchise brands and multi-location businesses, we operate under the belief that Everything Is Local. That means using our digital expertise and proprietary technology to connect businesses with the customers who are searching for their solutions.
