FIVE CRITICAL ITEMS TO LOOK FOR WHEN BUYING A FRANCHISE

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Prospective franchisees can make an educated decision about their business investment by thoroughly investigating these five critical items—franchise concept, management, unit economics, marketing strategies, and rent considerations. Due diligence is essential to ensure the franchise aligns with personal goals and market potential.

 

FIVE CRITICAL ITEMS TO LOOK FOR WHEN BUYING A FRANCHISE

 

By FMM Contributor

 

Franchise buyers must conduct thorough research to ensure a profitable venture. Key factors to examine in the franchise concept are the management team, unit economics, marketing strategies, and rent considerations. By focusing on these elements, prospective franchisees can gauge the prospect of success and a return on their investment.

 

The Franchise Concept

The foundation of any scalable and successful franchise brand lies in its concept. A strong and unique business model attracts customers by differentiating the franchise brand from competitors. Evaluate the franchise’s market presence and customer base. A well-defined niche or innovative service can create solid demand. A potential franchisee must research current trends and customer needs to ensure the franchise aligns with consumer interests.

  • Key Factors to Consider:
    • Market demand for the product or service.
    • Differentiation from competitors.
    • Scalability of the business model.

 

 

Committed and Experienced Management

A franchise’s success is often contingent upon the quality of its management team. Look for a franchise company led by an experienced management team with a documented track record of success in franchising. Committed leadership will support franchisees, ensuring they receive the training, resources, and guidance required to thrive.

  • Key Questions to Ask:
    • What is the management team’s experience in the industry?
    • How does the company support franchisees in their operations?
    • Are there regular communication and feedback mechanisms in place?

 

Unit Economics, Sales, and Return on Investment

Understanding a franchise’s unit economics is crucial in assessing its profitability. Investigate the average sales per unit, return on investment (ROI), and growth potential. This data will help gauge whether the franchise can produce enough revenue to cover operating costs and provide a return on the initial investment.

  • Essential Metrics to Analyze:
    • Average sales per square foot.
    • Cost of goods sold and operating expenses.
    • Historical sales data and projections for future growth.

 

Marketing Strategies

Solid marketing plays a critical role in driving sales and brand awareness. Evaluate the franchisor’s marketing strategies and the level of support provided to franchisees. This includes analyzing how the franchisor plans to promote the brand and what tools are available to franchisees to assist in local marketing.

  • Points to Research:
    • What marketing resources and training does the franchisor offer?
    • Are there ongoing marketing fees, and how are they allocated?
    • What is the overall marketing strategy for the franchise, and how has it performed historically?

 

Rent Considerations

Rent considerations are critical in determining a franchise’s overall financial viability. A prime location can significantly enhance foot traffic and visibility, while high rent can erode profit margins. Evaluating potential rental costs relative to projected sales is essential for making a sound investment decision.

  • Factors to Evaluate:
    • Average rent costs in the desired location.
    • Impact of rent on overall profitability.
    • Lease terms and flexibility.

 

 

Prospective franchisees can make an educated decision about their business investment by thoroughly investigating these five critical items—franchise concept, management, unit economics, marketing strategies, and rent considerations. Due diligence is essential to ensure the franchise aligns with personal goals and market potential.

 

 

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This blog was researched, outlined and edited with the support of AI

© Gary Occhiogrosso

SCALING YOUR FRANCHISE COMPANY SUCCESSFULLY

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One of the key franchise expansion strategies is to perfect your business model. Your business must be operationally sound, financially successful, and replicable in different markets. It must possess a unique selling proposition that can outshine the competition.

Scaling Your Franchise Business Successfully

Successful franchise expansion is the golden goose for every small business owner, offering an avenue to scale operations, reach new markets, and significantly increase profits. The dream of seeing your brand in multiple cities or countries is exciting, but the road to successful franchising is fraught with unique challenges. Thus, adopting strategic expansion techniques is paramount to ensuring sustainable growth.

One of the key franchise expansion strategies is to perfect your business model. Your business must be operationally sound, financially successful, and replicable in different markets. It must possess a unique selling proposition that can outshine the competition. A proof of concept is also crucial. This may involve operating one or more successful outlets before considering franchising.

Market research is another vital aspect of the expansion. It involves understanding consumer behavior, competitive landscapes, and the economic climate of potential locations. Studying market demographics and purchasing trends enables you to tailor your services to meet market demand, thus maximizing your franchise’s potential for success.
Invest in a comprehensive franchise disclosure document (FDD). An FDD provides potential franchisees with essential information about the franchisor’s business, including financial performance, legal issues, and operational procedures. This document is a legal requirement in many jurisdictions and aids franchisees in making informed decisions about investing in your franchise.

Pricing your franchise correctly is another critical strategy. The franchise fee should be competitive yet profitable, reflecting the value of your brand and the support you offer to franchisees. Carefully consider ongoing fees, such as royalty and marketing fees, as these will impact your franchisees’ profitability and, in turn, the attractiveness of your franchise.

The training and support you offer franchisees can significantly influence your franchise’s growth. Comprehensive training programs and ongoing support systems foster successful franchise units, enhancing your brand’s overall reputation. This includes offering operational training, marketing support, assistance in site selection, and ongoing business advice.

Lastly, your expansion should be strategic in its pace and location. Grow at a rate that your resources can handle to avoid overextension. Start in areas close to your original location, as this allows for easier management and support. Also, consider area development or master franchise agreements where one franchisee operates multiple units or an entire region. This can hasten your expansion while minimizing management complexities.

Franchise expansion is an exciting but challenging venture. The key lies in meticulous planning, diligent execution, and ongoing franchise support. By perfecting your business model, conducting rigorous market research, and providing comprehensive training, you can maximize the potential for success in your franchise expansion journey.
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Article written with the support of AI

GROW LEADERS WITHIN YOUR RANKS

If you want to increase retention and expand diversity in the restaurant business in 2023 – especially in leadership, on boards and with founders of growing brands – start with education.
The restaurant industry has an information problem. Historically, most restaurant education is limited to on-the-job (OTJ) training, which presents numerous challenges.

Increase retention and expand diversity through employee education
By Lauren Fernandez

If you want to increase retention and expand diversity in the restaurant business in 2023 – especially in leadership, on boards and with founders of growing brands – start with education.
The restaurant industry has an information problem. Historically, most restaurant education is limited to on-the-job (OTJ) training, which presents numerous challenges.

Traditional restaurant OTJ training is fraught with issues such as a lack of budget, lack of time and no quality control standardization. Accessibility is also an issue: often we see that with OTJ training there is no way to accommodate different learning styles and languages, alienating non-English-speaking employees. A lack of training stems from many problems, such as categorically high turnover rates, high levels of attrition and a general lack of leadership training that plagues our industry.

I’m a Latina and a first-generation American, and my parents saw education as a means for me and my siblings to better our lives. They worked hard to make sure we received the best education in order to create more opportunities than they had.

While I followed a traditional educational path in law and business, my OTJ training operating our restaurants was undoubtedly the most impactful. Experience in the field as an operator taught me more about the restaurant industry than my previous education could, and it closed the information gap on what it takes to be a leader in our industry. But both my educations together – in graduate schools and on-the-job – have equipped me with a unique lens, and it informs my call to action: we as restaurant leaders can leverage education to overcome barriers and as a tool for growth.

When we champion education, we mean restaurant-specific training with a focus on operational excellence, profit and loss management, leadership development and more. Investing in people and their personal and professional development contributes to a culture where people are valued, and ultimately develops stronger leaders that will make the industry a better place to work. We must proactively nurture the next generation of restaurant workers who will see the industry as a long-term career rather than a temporary job.

And this isn’t as hard of a lift as you would think. While I was an operator, I hosted quarterly management team meetings where we not only focused on results and celebrated wins, but we focused on new leanings and sharing best practices. I taught high-level strategies like profit management, but we always-connected theory back to actual practice. These meetings created a collaborative and transparent environment where managers helped each other improve, and they were instrumental in improving the performance metrics of the group as a whole.

Restaurants nationwide employ nearly 12 million workers and account for 4% of the overall GDP in the United States. As an industry, we still suffer from very high turnover and attrition. Investing in education is one key to retention and building long-term, desirable careers in our industry. To address the challenges of turnover and retention, consider some of these additional ideas:

*Innovative incentive and rewards programs like matching payments on student loans. More than 43 million people in the U.S. owe money toward student loans, and the average federal student loan debt balance is nearly $38,000. Offering a program to help reduce that debt can be a huge incentive to draw good employees and keep them. In fact, one study noted that 86% of people between the ages of 22 and 33 would commit to an employer for five years if offered a student loan repayment program. And, through 2025, employers can offer up to $5,250 in student loan repayment benefits without paying any tax thanks to the Consolidated Appropriations Act, which was signed into law in 2020 as part of pandemic relief efforts.

*Volunteer days for a food-related cause like a community food bank. Many studies have shown that offering some sort of volunteer program can boost productivity, increase employee engagement and improve hiring and retention rates. Ask your employees to select a cause, or find something that ties into what your restaurant offers – not only are you giving back to your larger community, you’re also showing your employees that you are doing something worthwhile outside your restaurant’s four walls.

*Encouraging participation. Support your employees to seek out opportunities to learn and engage in the industry. It can also encourage them to grow and thrive in their potential hospitality career. That can be through culinary schools and events, volunteer board opportunities or speaking on panels and at conferences.

*Sponsoring conference membership and attendance. Encourage employees to attend conferences or pay for memberships to restaurant- or culinary-related organizations. This will help create networking opportunities for them, and they will bring back information that could help your business grow, too.

*Teambuilding retreats/exercises. Consider building a program that promotes your company’s mission, vision and goals while also creating an atmosphere for support and encouragement.
With education as the cornerstone of your efforts to retain good employees, expect it to play an even larger role in the future as labor challenges continue. To that end, Full Course launched a new 501(c)(3) nonprofit foundation, Full Course Learning Center, to ensure education and support are accessible to all in our industry, from back of house to operators. You can find educational tools and resources, including more ideas about employee retention, at fullcourse.com/education.

When it comes to employee retention, new ideas and approaches will continue to evolve. By implementing some thoughtful ways to address these challenges, you can make sure that not only will you find good employees, but that they stay and grow with you and your business, too.

Lauren Fernandez is the Founder and CEO of Full Course (www.fullcourse.com ), a non-traditional restaurant investment group created for operators by operators that is changing the way new businesses grow their brands. The company partners with restaurants in the early stages of development to optimize existing operations develop strategies for sustainable growth and bring the right investors or franchise partners to the table. Fernandez is a restaurant industry veteran with two decades of experience. She previously served as general counsel and head of franchise administration for FOCUS Brands, a multi-brand restaurant company with more than 4,000 restaurants (including Carvel, Cinnabon and Moe’s Southwest Grill) in over 15 countries, and was co-founder, president and operating partner for multi-unit franchise developer Origin Development Group, acting as a strategic growth partner for brands such as Chicken Salad Chick. She also is a frequent speaker in the areas of organic business growth, licensing and franchise operations across the country.

TIPS ON COMMUNICATING SUCCESSFULLY WITH YOUR EMPLOYEES

When you are in charge of anything, communication is a crucial aspect of the task, but its relevance increases if you are in a leadership role regarding employees. The method in which you interact with your employees may have a substantial impact on how they feel about their jobs and the quality of work they do. You want them to feel heard and appreciated.

Tips on Communicating Successfully With Your Employees

Introduction

When you are in charge of anything, communication is a crucial aspect of the task, but its relevance increases if you are in a leadership role regarding employees. The method in which you interact with your employees may have a substantial impact on how they feel about their jobs and the quality of work they do. You want them to feel heard and appreciated. You also want them to feel free to make mistakes without fear of censure or punishment. However, accountability for their actions should not be overshadowed by communicating in such a way that they are not aware of a mistake. It’s how you use the mistake to improve that count. This is why it is crucial to know how to communicate most effectively with them: you want them to feel heard and appreciated, but you also want them to feel comfortable speaking freely without fear of making a mistake.

Set The Tone

Set the tone by being a good example for people to follow. As your employees will mirror your behavior and emulate how you deal with them if you set a good example, it is crucial that you courteously communicate with them.

Preserve coherence to establish a tone. Ensure that every team member is aware of the expected behaviors while communicating with one another, whether through email or in-person meetings; then adhere to these standards in all of your communications. The use of proper words is critical to maintaining clear and professional communication, particularly in a workplace environment.

When dealing with employee disputes, you should set the tone by being kind and impartial (and even between managers). When there is a dispute between two individuals or teams at work, you shouldn’t let it develop into a full-scale conflict; instead, you should attempt to resolve the issue amicably before involving higher-ups if necessary. If you allow the situation to grow into a full-scale battle, you will only make matters worse.

Communicate In Person

Unquestionably, emailing your workers is an excellent way to stay in contact with them. Face-to-face engagement, on the other hand, cannot be compared to any other kind of communication in terms of delivering crucial information and managing workers’ emotions. When you are face-to-face with your employees, you can read their body language and assess how they respond to your words, and vice versa. You can also convey the tone of voice and facial expressions, which is far more complicated (or impossible), through email.

Due to recent improvements in videoconferencing technology, it is now possible for individuals on opposite sides of the globe who have yet to meet to want or need something from each other (such as comments on performance appraisals) to connect.

Ask Questions, Not Statements.

Ask open-ended inquiries. This can help you better comprehend the employee’s perspective and encourage them to respond more thoughtfully.
People sometimes do not like it when you answer a question with a question, but do it anyway. It conveys an interest in what the other person is attempting to communicate and your desire to truly understand them.

Whenever feasible, you should avoid asking yes/no questions and making “if/then” statements since these queries tend to be too binary for most situations. Instead, you should ask yourself: what else could this person possibly be thinking? What would be different from their vantage point? And what reaction would I get if I told them this?

People Should Be Allowed To Speak Openly

While communicating with your workers, you must allow them to express themselves freely. As a leader, it is crucial that you listen to what people have to say without interrupting or casting judgment on what they say. It is preferable to ask questions when something does not make sense rather than make assumptions or speculations.

It would be best to allow them space to express themselves without feeling compelled by your emotions interfering with the dialogue. For example, when a team member makes a mistake, you may feel angry or frustrated. Nevertheless, it would be best to refrain from responding emotionally since doing so will only exacerbate the problem and distract your teammates from what matters most: how effectively they execute their job.

Practice being an attentive listener (and observer)

The single most important thing you can do as a leader is to listen to the input supplied by your workers. You may decide not to execute on the suggestion, but at least it should be heard and considered

Listen to what they have to say and observe their behavior, not just in the workplace but also in other contexts. This entails studying closely how folks interact in person and through technological means such as email and text messages. You may find that some of your best ideas come from observing patterns of behavior that have not been explicitly brought up but are nonetheless significant (for instance, an employee may always respond to questions about a project with “I’m on it!”; this could indicate that she needs additional direction). Conversely, you may also discover that some of your finest ideas result from recognizing patterns of conduct that have not been expressly mentioned but are nevertheless significant.

Don’t Allow Job Titles To Distract You.

Keep job titles and responsibilities from distracting you throughout the recruitment process. Instead, please focus on the person, their achievements, and degree of competence. Focus on what they can do for your company and how they can help you achieve your goals.

It is easy to fall into the trap of focusing on resumes instead of people when filling a job quickly; this is particularly crucial for recruiting managers with limited resources and time restrictions. This is particularly critical when recruiting managers have limited money and time. Yet suppose everyone concentrates on credentials instead of personalities and character qualities. In that case, it becomes hard for candidates with tremendous potential but insufficient experience to distinguish themselves from others with more relevant expertise but less overall potential. This is because qualifications are objective, but personality characteristics and character traits are subjective (for example: if one person has worked as an assistant manager while another has worked as an entry-level employee).

Clear Communication Is King

One of the essential components of being a great leader is the ability to communicate with others, yet this can be challenging. Please remember that communication is a two-way street; if you want to get the most out of it with your employees, you must be open and honest.

Listening to what they are saying is crucial, so try asking questions such as “What do you think?” or “Can you give me some examples?” Listening more than speaking makes individuals feel more comfortable opening up about sensitive topics. Again, it is essential that you pay close attention to what they are saying. Consider asking, “What do you think?” or “Can you provide some examples?”

Not only does having clear expectations facilitate communication, but it also guarantees that everyone is on the same page regarding how they feel about any given issue or event. For instance, if you tell another individual which tasks must be completed by then, there will be a clear understanding when those dates come up again!

Conclusion

It is important to remember that communication is a two-way process. You cannot just lecture your employees; you must listen to what they say, observe their actions, and ask them questions. Doing this well helps employees feel acknowledged and allows them to provide feedback on what they think needs to be addressed at their workplace.

Featured Franchise – HEALTH BENEFITS OF DANCE AND GYMNASTICS FOR YOUNG CHILDREN

A Bundles of Tumbles class in action in New Jersey

Summary: Dance and gymnastics are both excellent activities for children to participate in. Both dance and gymnastics help to increase muscular strength, flexibility, and coordination. In addition, dance involves a great deal of physical activity that improves the cardiovascular system of your child by increasing their heart rate and strengthening their muscles.

HEALTH BENEFITS OF DANCE AND GYMNASTICS FOR YOUNG CHILDREN
By: Marianne Ecanosti, Founder and President – Bundles of Tumbles

Introduction

We know that children need to be active and healthy to grow up well. But how do you get your kids off the couch and moving? Dance lessons are an excellent way for young children to get physically active. A study in the journal Pediatrics found that after only one week of dance lessons, children showed increased activity levels and improved their abilities at playing with others.

Research shows that children who participate in physical activity regularly are less likely to be obese and more likely to be healthier, fit, active, and self-confident.

Research shows that children who participate in physical activity regularly are less likely to be obese and more likely to be healthier, fit, active, and self-confident. Regular physical activity also helps reduce stress, promote good mental health and improve sleep quality.
And it’s not just about your child becoming healthy — it’s also great for you! Being active together can help you strengthen your bond with your child while staying fit at the same time.

The benefits of dance and gymnastics include increased muscular strength, flexibility, and coordination.

Dance and gymnastics are both excellent activities for children to participate in. Both dance and gymnastics help to increase muscular strength, flexibility, and coordination. In addition, dance involves a great deal of physical activity that improves the cardiovascular system of your child by increasing their heart rate and strengthening their muscles. In addition to these benefits, dance can also help with self-confidence as well as social skills development because it is an activity that encourages participation from others who may be performing alongside them.
Gymnastics teaches children how to control their bodies in motion, improving balance and coordination and overall health benefits such as increased bone density and muscle tone. In addition, gymnasts tend to have lower body fat levels than non-gymnasts due to the amount of exercise they do each week, which contributes towards an overall healthier lifestyle when combined with a balanced diet.

Learning rhythmic gymnastics movements can help children develop large muscle groups and learn spatial concepts.

Rhythmic gymnastics is a sport that combines dance, tumbling, and trampoline. This activity is excellent for improving your child’s balance, coordination and flexibility. It can also help improve their spatial awareness, control, and balance. These are all essential skills needed to perform well in school and sports like soccer or basketball.

Children enrolled in dance classes improve their spatial awareness, control and balance.

Dance and gymnastics classes are the most effective ways to improve your child’s spatial awareness, balance, and control. As a parent, you may be concerned that dance or gymnastics will make your child too hyperactive. However, research shows that children enrolled in a structured program of dance or gymnastics can lead to better self-esteem and lowered anxiety levels.
In addition to improving motor skills, these classes also help kids develop their sense of rhythm and timing. Many times when kids are dancing, they are also listening to music, so this helps them think about how the music makes them feel and how it affects their body movements and other people around them who might be dancing at the same time as well!

Children enrolled in dance lessons also have increased self-confidence, social skills, and awareness of their bodies.
This is very important in a child’s development.

• Increased self-confidence and self-esteem are significant benefits of dance lessons for young children. Dancing helps them grow into their bodies, learn about the world around them, and understand how to interact with others. By participating in classes that teach proper safety techniques (such as how to fall), they also learn about their physical limitations and boundaries for fearlessness.
A child’s confidence level can significantly affect their school experiences or extracurricular activities like dance classes. For example, the more confident a child feels about themselves, the more likely they are to try new things or speak up when they have an opinion on something important (like going out for recess!).

At Bundles of Tumbles, our mobile at-school program offers various classes that help with your child’s development through movement and music. Bundles Of Tumbles is here to help you achieve your goals with your children. Our training style is one on one, where we will work closely with you to create an individualized program for each child. We know that every child learns differently and will cater to each individual’s needs.
We offer classes for children as young as three years old, which include ballet, tap, jazz, hip-hop dance, and gymnastics classes. Courses help children develop physically, emotionally, and socially in a fun environment while building self-esteem!

Conclusion

As you can see, dance and gymnastics classes are a great way to help your child develop physical skills and self-confidence. At Bundles of Tumbles, we offer a variety of classes that help with your child’s development through movement and music.

ABOUT THE AUTHOR:
Marianne Ecanosti is the Founder and President of Bundle of Tumbles, Franchising Group, LLC.. She has teaching dance and tumbling for more than 25 years. My areas of expertise include ballet, jazz, tap and tumbling. I have taught all age groups throughout my career from toddlers through adult, but prefer to focus on pre-school through grade 5. I truly have a passion for what I do! My company, Bundles of Tumbles, is an on-site preschool gymnastics and/or dance enrichment program. We also offer online classes. Franchise opportunities now available! Find out more at https://www.bundlesoftumbles.com/

Franchises Need To Protect Themselves From Increased Sexual Harassment And Cyber Security Claims

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Our friend and franchise expert Ed Teixeira interviews Peter R. Taffae, MLIS, CFE and Managing Director Executive Perils, Inc. on the topic of Cyber Security Claims and Sexual Harassment claim that all employers need to protect themselves against.This important topic has faded from the mainstream ews media but remains a real problem that employers need to focus on…

Franchises Need To Protect Themselves From Increased Sexual Harassment And Cyber Security Claims

By Ed Teixeira – Chief Operating Officer of Franchise Grade

After hitting a two-decade low in 2017, sexual harassment complaints to the Equal Employment Opportunity Commission increased by more than 12 percent from last year. The federal agency has also been aggressive with litigation this year, filing 41 sexual harassment lawsuits so far, up from 33 in 2017. At the same time, cyber-crimes which involve the theft of personal information has cost some companies millions of dollars in damages to its reputation and from monetary claims.

Employer Liability Claims Increase

Over the course of this year, stories of sexual harassment have dominated the headlines. In what USA Today dubbed the “Weinstein Effect,” various sized companies have witnessed employees take part in the #Me To movement. This increased focus on sexual harassment has created a surge in protests, discrimination lawsuits, and government investigations, with almost no industry being immune, including a recent demonstration against McDonald’s franchise locations. Regardless of whether a sexual harassment allegation has merit, these claims can cause a company significant damage to its brand and sales. Seven in 10 human resource professionals said they believe sexual harassment complaints at their workplaces will likely be “higher” or “much higher” in 2018 compared to previous years.

A poll by the Human Resource Certification Institute found that “63 percent of HR professionals said that acts of sexual harassment “occasionally” or “sometimes” occur in their workplaces and 30 percent said that such acts “frequently” occur. Only seven percent said that such acts “almost never” or “never” occur.” The trend toward more sexual harassment lawsuits appears to continue as the EEOC increases efforts to crack down on sexual harassment. The EEOC has launched online access for employees to file harassment charges from their homes, with the EEOC.

Employment-related risks can represent the most damaging exposure to a franchiser. Claims involving sexual harassment, wrongful termination or discrimination, from a current or former employee can potentially cause irreparable damage to a franchise brand and reputation resulting in significant financial cost.

To gain more insight into employer liability and especially sexual harassment claims I spoke with Peter R. Taffae, MLIS, CFE and Managing Director Executive Perils, Inc. In 2014 they introduced a management liability policy, FranchisorSuite®, designed for the unique needs of Franchisors.

Q. How extensive are employer liability claims?

A. Companies of all sizes and industries have been affected by a surge in employment-related litigation and rising legal damage awards.

Q. What can be done to mitigate those risks?

A. Be sure that franchisers, franchisees and their employees are properly trained to understand the risks of sexual harassment, unlawful terminations, and discrimination claims. Have the proper procedures and protocols in place and have financial protection.

Q.What does the future hold for sexual harassment claims?

A. The threshold has been raised for what is appropriate in the workplace. This means that the expectation for proper employment practices is higher. Some experts believe that it will take 10 to 15 years to reverse the trend as current middle age retirees are replaced by today’s younger generation.

Q. Any other threats that franchises face?

A. One area related to the franchise industry that doesn’t receive a lot of coverage is cybersecurity. Every state has primary notification laws, which that when there is a breach of a customer’s personal data, the company or franchiser must notify every customer. In addition, there is no statute of limitations regarding these crimes. For example, if I purchased a meal at a franchise location 10 years ago and their system was hacked, and my personal information was stolen, that franchise is liable.

Franchise restaurants process so many credit cards and have the extensive point-of-sale equipment, that they are vulnerable to data theft. Websites, Wi-Fi and digital kiosks represent additional threats. Any franchise which does any of the following is at risk for a cyber-attack; Accepts credit cards, handles or views private information of employees or customers electronically, has Wi-Fi or conducts a portion of their business online.

It’s important that each component of the franchise industry be prepared to protect themselves from the threat of employer liability and cybersecurity claims.
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About the Author:
Ed Teixeira is Chief Operating Officer of Franchise Grade and was the founder and President of FranchiseKnowHow, L.L.C. a franchise consulting firm. Ed has over 35 years’ experience as a Senior Executive for franchisors in the retail, healthcare, manufacturing and software industries and was also a franchisee. Ed has consulted clients to franchise their existing business and those seeking strategic solutions to operational, marketing and franchise relations issues. He has transacted international licensing in Europe, Asia, and South America. Ed is the author of Franchising from the Inside Out and The Franchise Buyers Manual and has spoken at a number of venues including the International Franchise Expo and the Chinese Franchise Association in Shanghai, China. He has conducted seminars, written numerous articles on the subject of franchising and has been interviewed on TV and radio and has testified as an expert witness on franchising. He is a franchise valuation expert by the Business Brokerage Press. Ed can be contacted at [email protected]

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Franchisors – Why You Should Use Mediation before Litigation

Our guest contributor, James A. Meaney shares his insights on why franchisors should seek mediation when settling disputes with franchisees. saving costly legal fees not only benefits both parties but often times leads to a better outcome.

Why I Love Mediation and You Should Too!
By James A. Meaney – Franchise Attorney
The majority of franchise agreements that I come across or create these days have a mediation clause. For those of you who have no clue what I’m talking about, when a dispute arises, the disagreeing parties have only a few options: do nothing, file a lawsuit, go to arbitration, or sit down and try to work it out a/k/a MEDIATION.

Avoid spending a fortune
This is not the first time I have addressed this important topic and you can find earlier posts here. And, full disclosure: I serve as a mediator when selected by the parties or their counsel. But, here is why I love mediation and you should too! To help your clients or your company resolve disputes before spending a fortune.

Litigation and arbitration can burn up a very large sum of money. Remember it is a battle. The courtroom or the arbitration room is the battleground and counsel are the warriors. Let’s not get too carried away here but some of these disputes run from tens of thousands of dollars to over hundreds of thousands of dollars.

WORK TOGETHER
Mediation is a process that allows parties to work together, usually with the help of a trained and experienced mediator (often a lawyer but not universally), to settle a dispute before an action is filed and sometimes after. Mediators come in all types (ex. commercial law, domestic disputes) and styles (ex. objective neutrals, aggressive, evaluative). But the hallmark of an effective mediator is keeping the parties engaged, keeping them talking and negotiating. Also, an astute mediator may offer “creative” solutions that the parties did not consider.

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So counsel, if you have a long-standing client, wouldn’t you want to save them time and money? Wouldn’t it be the best advice you can provide under the circumstance? Besides, litigation or arbitration is always on the table but why not think of it as a last resort? Company officials or franchisees, not only could you save those precious funds, but you may find a solution that preserves the relationship. The earlier you seek resolution, the more latitude you have.

Of course some disputes cannot be resolved through mediation but, even when there is a small chance of resolution, it seems like a wise investment. And, as any commercial lawyer knows, whether a litigator or transactional lawyer, serving our clients’ needs is our top priority.

About The Author:
James A. Meaney is an Attorney on the Zaino Law Team. Zaino Law Group, LPA, in Dublin, Ohio, serves clients in Columbus, Dayton, Springfield and communities throughout Central Ohio. Our lawyers offer a unique blend of practical advice and a thorough understanding of legal issues. We recognize the importance of being part of a total planning team. Our attorneys consult and work closely with your accountant, your financial planner, your insurance professional and other attorneys in order to provide comprehensive legal counsel.

The Last Mile – On the Ground in Delivery Land

As a long-time restaurateur primarily in the franchised, fast-casual business, I understand the need to outpace and add more value & service to customers. Our contributing writer today, Roger Lipton highlights and adds his insights to what he calls the “The Last Mile” in the restaurant business. As more and more operators are fighting for the same dollar, speed, value, and convenience become the point of differentiation for many restaurant brands.  Enjoy Roger’s take on ‘Delivery Land.”

 

Another potential problem, as pointed out by a group of restaurant operators in Los Angeles, is that delivery agents are not trained in food handling and temperature maintenance standards. One LA-based operator said, “If a customer gets hepatitis, they are going to sue the restaurant.” Another stomach-turning pitfall, as described, is the hungry delivery person that helps themselves to part of the milkshake or a couple of the ribs.

 

DELIVERY, THE BIG THING IN RESTAURANT LAND – THIS IS WHAT “THE LAST MILE” LOOKS LIKE.

 By Roger Lipton

Reposted with permission

Restaurant companies are unanimous in their pursuit of delivery as one of the huge opportunities to increase the productivity of their physical plants. Too much square footage continues to be a burden on productivity, especially when it takes labor at $15.00 (ex the tip credit) per hour to service the space. It’s also clear by this time that control over the “last mile” is of major concern to restaurant operators. Not only is the reputation of The Brand at stake, but valuable information relative to the customers is in the hands of the third-party agent, potentially not as useful to the food provider.

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A reality of this new source of business is that margins for the restaurant company will be affected since 15-30% of the ticket is paid to the delivery agent. While some argue that a large portion of the delivery dollars is “incremental,” it stands to reason that a customer who receives the product at home on Wednesday night is less likely to visit that restaurant on Thursday or Friday. On the hopeful side: delivery companies are already competing for market share, negotiating their fees lower, therefore improving the remaining margin for the restaurant. Overall, this is a portion of dining dollars that is very much in a state of flux.

ON THE GROUND IN DELIVERY LAND

Two articles caught our eye in the last day or so, in the New York Times and the New York Post, describing the reality of “the last mile,” and it’s not pretty.

The Post described how a delivery worker (from DoorDash) punched a pizza store employee in the head because the order wasn’t ready for pickup. We are not trying to focus on DoorDash (DD) in particular, because this could happen with any third party agent, but another DD employee posted a negative review on Yelp because the food “trash” wasn’t ready on time. Another DD hire made a scene after getting a parking ticket while waiting for a delivery pickup. Since delivery agents, including DD, UberEats, Postmates, and others, get paid primarily for completed deliveries and little, if anything, for waiting time, they are obviously very sensitive to the availability of the order. At the same time, restaurant employees, including one cited at (well run) Cheesecake Factory, are not necessarily treating the delivery person with great courtesy.

TRAINED TO DELIVER FOOD BUT NOT HOW TO “HANDLE” IT

Another potential problem, as pointed out by a group of restaurant operators in Los Angeles, is that delivery agents are not trained in food handling and temperature maintenance standards. One LA-based operator said, “If a customer gets hepatitis, they are going to sue the restaurant.” Another stomach turning pitfall, as described, is the hungry delivery person that helps themself to part of the milkshake or a couple of the ribs. All of this can be considered “anecdotal,” but the proper selection and training for third party agents are no doubt far from optimal at this early point in the evolution of the food delivery industry. Parenthetically, stock investors might well keep all of this in mind before they pay a considerable valuation for DoorDash when it comes public.

The New York Times described the experience of a bicycle delivery person in Manhattan, obviously a unique market, but still indicative of urban issues. The bicycle person, working for UberEats as well as Postmates, had continuous decisions on the run to make, all while anticipating traffic patterns and potential delays. Should he pick up several orders at a Mexican restaurant five blocks away for UberEats, or divert to two orders for Postmates at Shake Shack that was a little closer. As he said, “I had to decide: take on three orders at once and risk falling behind? Stick with UberEats, which was running a $10 bonus for doing six deliveries by 1:30, or try for a Postmates bonus? Information was limited. The UberEats app doesn’t tell you where the delivery is going until you pick it up. I could not know what the Postmates job would pay. The Postmates clock ticked down – you have seconds to accept or decline an order. I was threading my way around lurching honking trucks and oblivious texting pedestrians and watching for cops and looking down at the phone mounted on my handlebars and calculating delivery times.”

The article goes on to describe the intense competition among companies like Grubhub Seamless, UberEats, Caviar, DoorDash and Postmates, and delivery agents are often representing more than one company. The restaurants have been forced into the e-commerce business, outsourcing their product to the hands of a fleet of freelance personnel who may or may not appropriately represent the restaurant Brand. Especially as competition has increased, the net hourly pay for delivery agents has become closer to $10/hour than $20, sometimes even less than $10. We can only imagine the professional skills, or lack thereof, of a person that is going to subject themselves to this kind of pressure for that kind of wage. There is a myriad of other hurdles that delivery agents in urban areas will have to deal with, but that will vary by venue. We can say with assurance; however, just as above described in suburbia, there is enormous work to be done to iron out the issues, reduce the risk, and improve the profitability for the restaurant operator.

CONCLUSION:

The challenge remains to make delivery incrementally profitable, without taking on considerable risk to The Brand in the process. To whatever extent possible, maximum control over the delivery process should be at The Brand level. In the meantime, takeout and curbside pickup may be convenient enough to maintain market share, without incurring the risks as described above. Perhaps orders, above a specific size at limited times of the day within a certain radius, can be delivered by properly trained store-level employees. There is a large market to be served, but not necessarily at the risk of The Brand.

Read more from Roger Lipton here

SUBWAY – A Bite Of The Sandwich From Both Ends?

According to a NY Times interview with Ms. Husler, she said her boss tasked her with specific instructions to find things wrong. “I was kind of his hit man,” she said. Ms. Husler went on to say that Mr. Patel considered his own interests when determining which stores were to be sent into arbitration.

A Bite Of The Sandwich From Both Ends?
By Gary Occhiogrosso – As seen in Forbes.com

Like a “Player/Manager” of a baseball team, there are often conflicts that never seem to settle and resolve. The recent news that Subway, and it’s “Development Agents” are allegedly “pushing out” other smaller Subway operators is not unlike the player/manager deciding to bench a good teammate so he can get more playing time. As a 35-year veteran of the franchised restaurant industry, I know I am not alone in my opinion. You can’t play both sides of the fence then expect not to run up against motives that may sometimes appear to be questionable.
Subway has grown to its behemoth size by employing a program whereby some franchisees are also sales agents and operational support personnel for the parent company. They are titled “Development Agents.” On the surface, it seems like a good idea. It seems to make sense to appoint brethren franchisees to help build out territory by recruiting new owners and then assist them in setting up their shops and growing their business.

Cutting the Sandwich Business Into Pieces
Subway divides its roster of sandwich shops into more than 100 regional territories. These territories are controlled in part by a development agent. The development agents are responsible for recruiting new franchisees and finding & approving buyers for existing shops. As compensation for this sales effort, they receive a portion of the upfront franchise fee for a new shop or transfer fee if it’s the sale of a current location.

Also, for a share of the company’s royalty fee, they are obligated to visit shops and conduct shop audits focused on operational compliance. This inspection task is carried out through the use of inspectors — known as field consultants. The question of conflict comes up when you consider that many of the development agents are also franchisees themselves. As this is the case, it’s hard to separate the idea of running their own shops, and be responsible for inspecting shops which directly compete with them. The question of motive grows more plausible when you add in the fact that these development agent’s shops are self-inspected by their own paid staff members.

Is Rapid Growth Always a Good Thing?
Consider the history of Subway’s voracious appetite for growth and the lack of exclusive territories granted to their franchisees. In my opinion, all franchised units regardless of the brand, should have a protected territory. These protections help prevent the parent company from encroaching on the trade area of an existing operator and hurting their sales. This protection is not the case with many Subway franchises. There is not exclusive territory protection. The location of a new shop is at the discretion of the company. So it should come as no surprise that the brand has overdeveloped in certain territories. These saturated markets are at a point of sales cannibalization. Mr. Deluaca’s dream of 50,000 Subways has now left some franchisees feeling like their local development agents are pushing them out of business to gain market share for themselves.

Case in point, as reported in the NY Times, Subway franchisee Manoj Tripathi felt that someone had a vendetta against him. The 20-year franchisee noted that each time the inspector arrived, she would find more and more minor infractions. Things like fingerprints on the doors or vegetables cut incorrectly or the wrong soap in the restrooms. On one visit, Rebecca Husler, the Subway inspector who worked for Chirayu Patel, a Development Agent in the Northern California region, noticed that a single light fixture needed a new bulb. Mr. Tripathi replaced the bulb before she left; nonetheless, it was a violation. Mr. Tripathi wasn’t overreacting to his feeling of being set up to fail, as it turns out within a year he was terminated, and he lost his shop.

According to a NY Times interview with Ms. Husler, she said her boss tasked her with specific instructions to find things wrong. “I was kind of his hit man,” she said. Ms. Husler went on to say that Mr. Patel considered his own interests when determining which stores were to be sent into arbitration. Mr. Patel made it “very clear that his stores were to pass” and that “the people he wanted out of the system were to fail out of the system.” she said in the interview. The light bulb incident gave her pause to say, “We’re ruining these people.”

Systemic or Isolated?
One of the people on the company side of this debate is Don Fertman. Mr. Fertman is Subway’s chief development officer and a veteran of the company for 38 years. He claims development agents owning restaurants helps give them “a better understanding of all aspects of owning a small business.” He went on to explain that the company reviews the agents’ work and expects them to uphold ethical standards, dealing with violations “on a case-by-case basis.” He continued by saying, “Our business development agents are well-respected members of our business community,” he said. “And when we hear these allegations, I would say that they are false.”

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My takeaway is not this stunning revelation of alleged unfair business practices, but instead that it’s taken this many years to consider that Development Agents competing with other franchises might abuse their position when auditing competing shops in their region. As a former franchisor and development consultant, I do see merit for brands to use the development agent system. I believe there needs to be a robust system of oversight by the parent company to prevent abusive business practices by development agents. This is not to say that Subway corporate hasn’t developed a system of checks and balances, but the allegations from its franchise community leave one to wonder how vigorously it is employed.

Given the number of Subway units in the USA, this may only be the beginning from Subway franchisees who feel Subway is taking a bite out their business.

TOP 10 REASONS TO INVEST IN RIKO’S NOW!

RIKO’S THIN CRUST PIZZA…Franchise opportunities abound in every business category, but entrepreneurs interested in the fast-casual space, and pizza, in particular, should have Riko’s Pizza on their radar as a brand poised for growth and success with ground floor opportunities for franchisees.

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1. Pizza is a $50.7 billion dollar*1 American passion
The pizza industry was designated as the fastest-growing segment of fast-casual restaurants in 2017.*2 A Riko’s franchisee buys into a growth business with high consumer demand and a track record of solid growth year-after-year. The opportunity to bring America’s favorite comfort food to a franchisee’s local market ranks high among Riko’s attributes as a new franchisor in this extremely, profitable business category.

2. A proven business concept
The Riko’s business model has been refined over a 7-year period prior to expanding into franchise offerings. Riko’s founders have continually tried and revised products, systems, and operations as they evolved into a turnkey operation. Those hard-earned systems are passed to franchisees as easy-to-follow, foolproof guidelines for consistent results. The simplicity and ease of operations hold opportunity for owners with or without previous restaurant business experience.

3. Flexibility for Franchisees
Franchisees can choose from a flexible footprint that suits urban or suburban venues. The flexible business model is designed to work and succeed in any space. Riko’s fast-casual operation features take-out, dine in and delivery. Riko’s full-service casual restaurant features a family dining experience with a full bar and table service. Owners can purchase single units or multi-unit options that are commensurate with their experience and finances.

4. Multiple revenue streams
Diverse revenue streams including lunch, dinner, and late-night business with takeout, delivery, and fast casual dine in and full-service restaurant and bar options, gift cards and rewards programs offer multiple growth opportunities within a franchise.

5. Quality, quality, quality
Attention to details has made quality a hallmark of Riko’s brand. High-quality ingredients — nothing artificial — proven recipes, simplified menu, first-rate equipment, comfortable, contemporary venue design, staff training ensure business growth and a consistent brand image. Entrepreneurs are buying into a brand associated with quality at every level.

6. Streamlined, state-of-the-art business operating model
Riko’s has set standards and developed systems that are easy to follow and easy to replicate over and over. Pizza franchisees can produce consistent, great results. Both franchisees and their future customers are assured of the quality food and service that launched Riko ’s original success in three Connecticut locations. Pizza franchisees are armed with the tools and knowledge to produce consistent, great results. Riko’s is a turn-key business model that works across all processes. The goal: keep things simple and do them the best they can be done.

7. Traditional family values that resonate with consumers
Riko’s core philosophy: respecting family, serving great simple food with a family-friendly ambiance, offers an appealing alternative in an ultra-fast food world. The Riko’s guest experience is warm and casual, fast without being harried. It’s a comforting experience that engenders customer loyalty and on-going, multi-generational business.

8. Comprehensive training & support
A good franchise offering includes support and training . That’s why Riko’s consulted and hired industry experts to develop a first-class training program. A five to six-week long training program — with modules at the company modern training center and owner’s location — takes franchise owners through all phases of the business; covering all the components necessary to effectively and efficiently manage a Riko’s Franchise business. A full suite of manuals provides on-going reference and instruction for owners.

9. Owners with passion
As a franchisor with a passion for growth and quality, Riko’s future is guided by passionate, involved owners with a hands-on approach to day-to-day business as well as an eye on long-term growth strategies. The active 360º business outlook ensures Riko’s is prepared to adapt, adjust, and seize new opportunities as they arise. The formula is set, but it’s constantly fine-tuned for success.

10. Community-centric focus
The success of the Riko’s original locations is grounded in community involvement. Riko’s mission in all franchise venues is to be part of local family life. Franchisees are trained to be local in their location and engage in sponsoring local youth sports teams, supporting school events, donating pizza to community events and more as a means to building relationships and thanking customers for their loyalty.

For more information please visit: www.rikosfranchise.com