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HOW TO MANAGE FRANCHISEE COMPLIANCE

Posted on August 10, 2023August 10, 2023 by Franchise Strategist

Managing franchisee compliance is a multi-faceted task requiring clear communication, ongoing support, and enforcement. By taking a proactive and collaborative approach, franchisors can maintain brand integrity and foster a thriving network of compliant and motivated franchisees. Investing in solid relationships, education, and technology will ultimately safeguard the brand and contribute to long-term success.

How to Manage Franchisee Compliance
By Johnny Dey

Managing franchisee compliance is a critical aspect of maintaining a successful franchise system. Franchisees must adhere to specific standards and guidelines to ensure consistency, quality, and a unified brand image. Below are key strategies to manage franchisee compliance effectively.

Clearly Define Expectations
Develop a comprehensive franchisee manual that outlines all rules, procedures, and standards. This manual should provide specific guidance on everything from marketing and advertising to operations and customer service. Clearly defining expectations will eliminate any confusion or ambiguity.

Provide Comprehensive Training
Training ensures franchisees understand their responsibilities and how to meet them. Provide regular training sessions and resources to support franchisees in learning and adhering to the brand’s standards.

Regular Inspections and Audits
Conduct regular inspections and audits to ensure franchisees comply with the brand’s standards. These visits should be scheduled and unannounced, providing an accurate picture of daily operations. The inspection process should be constructive, offering guidance on areas for improvement rather than merely pointing out faults.

Utilize Technology
Leveraging technology can streamline compliance management. Implement specialized software that allows monitoring and reporting on various aspects of the franchisee’s operation. It can automate many compliance tasks, providing real-time insights and ensuring consistency across the entire network.

Legal Agreements and Contracts
Ensure the franchise agreement is legally sound and includes all necessary compliance requirements. Franchisees must understand the legal implications of non-compliance, and the contract should outline the consequences clearly.

Foster Open Communication
Create open lines of communication with franchisees, encouraging them to ask questions and express concerns. Regular meetings, newsletters, and a dedicated support team can foster a sense of partnership and help identify potential compliance issues early on.

Offer Support and Resources
Providing support is vital to keeping franchisees aligned with the brand. Provide tools, resources, and access to experts who can assist franchisees in meeting their obligations. A supportive approach fosters goodwill and encourages franchisees to comply willingly.

Set and Monitor Performance Metrics
Develop performance metrics that align with the brand’s goals and values. Regularly review these metrics with franchisees, identifying areas for improvement and collaborating on strategies to enhance performance.

Enforce Consequences
When non-compliance is identified, it must be addressed promptly and firmly. Depending on the severity and frequency of the non-compliance, consequences may range from a warning to termination of the franchise agreement. The key is to be fair and consistent in enforcement.

Promote a Culture of Compliance
Encourage franchisees to take ownership of compliance by promoting a culture that values adherence to standards. Recognize and reward compliance, showcasing those franchisees that exemplify the brand’s values.

Conclusion
Managing franchisee compliance is a multi-faceted task requiring clear communication, ongoing support, and enforcement. By taking a proactive and collaborative approach, franchisors can maintain brand integrity and foster a thriving network of compliant and motivated franchisees. Investing in solid relationships, education, and technology will ultimately safeguard the brand and contribute to long-term success.
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Article produced with the support of AI

WHY FRANCHISEES SOMETIMES DON’T FOLLOW THE FRANCHISOR’S SYSTEM

Posted on July 26, 2023July 26, 2023 by Franchise Strategist

Photo by Andrea Piacquadio

The success of a franchise business hinges on the commitment of franchisees to follow the franchisor’s system and rules. Deviations from the established guidelines can have far-reaching consequences, affecting brand reputation, growth potential, and legal standing. By identifying the root causes of non-compliance and adopting best practices to address this issue, franchisors can foster a culture of adherence, leading to a thriving and harmonious franchise network.

WHY FRANCHISEES SOMETIMES DON’T FOLLOW THE FRANCHISOR’S SYSTEM
By Gary Occhiogrosso – Managing Partner, Franchise Growth Solutions

Introduction
Recently I was asked to speak to a group of franchisees at one of our client’s annual conferences. My topic was aimed at emphasizing the importance of following the franchisor’s system. It is clear from speaking with hundreds of franchisees of the years that the success rate of franchisees that follow the system is higher than those that don’t…The question that always runs through my mind is ” Why would a franchisee, pay a fee, go through training, invest in opening the business and then abandon the system and attempt to reinvent the wheel?” Hopefully I am able to answer that question in today’s article.

In the business world, franchising has emerged as a popular model that allows entrepreneurs to operate their businesses under an established brand name and proven system. This symbiotic relationship between franchisors and franchisees can benefit both parties significantly. However, for a franchise to thrive, it is crucial that franchisees faithfully follow the franchisor’s system and rules. In this article, we delve into the consequences of franchisees deviating from prescribed guidelines and explore the best practices to address this issue effectively.

Understanding the Impact of Non-Adherence
When franchisees fail to adhere to the franchisor’s system and rules, it can have a range of adverse effects. Firstly, it jeopardizes brand consistency. Franchise businesses rely on the uniformity of their products, services, and overall customer experience to build consumer trust and loyalty. Deviations from the established system can confuse customers and erode the brand’s identity.

Secondly, non-compliance can impede growth and expansion. Franchisors often expand their reach through multiple franchise locations, but replicating success becomes challenging if the system is not followed meticulously. Inconsistent operations across different franchise units can lead to a loss of investor confidence and hinder the brand’s ability to attract new franchisees.

Moreover, non-adherence to the franchise system can lead to legal ramifications. Franchisors usually outline specific contractual obligations, and when franchisees deviate from these terms, it can result in a breach of contract lawsuits, tarnishing the brand’s reputation.

Root Causes of Non-Compliance
To effectively address the issue of franchisees not following the franchisor’s system, it is essential to identify the root causes behind this behavior. Several factors may contribute to non-compliance:

* Lack of Training: Inadequate training or failure to comprehend the importance of following the system can result in unintentional non-compliance.

* Autonomy Desire: Some franchisees may desire greater independence and seek to implement their ideas, which may not align with the franchisor’s system.

* Financial Strain: Economic challenges can lead franchisees to cut corners or modify operations to reduce costs, often at the expense of adherence to the franchise system.

* Misinterpretation: Misunderstanding the franchise guidelines or misinterpreting the franchisor’s expectations can lead to non-compliance.

* Lack of Monitoring: Insufficient oversight by the franchisor can enable franchisees to deviate from the system without detection.

Best Practices to Address Non-Compliance

Comprehensive Training: Ensure that all franchisees undergo rigorous training emphasizing the significance of adhering to the franchise system and rules. This training should encompass operational aspects and the broader brand vision.

Clear Communication: Establish an open and transparent line of communication between franchisors and franchisees. Clear guidelines and expectations must be communicated from the outset and reinforced periodically.

Incentivization: Introduce incentive programs that reward franchisees for consistent adherence to the franchise system. Positive reinforcement can foster a more substantial commitment to compliance.

Regular Audits and Inspections: Conduct regular audits and inspections to monitor franchisee performance. These assessments can identify non-compliance issues early and provide opportunities for corrective action.

Peer Support and Networking: Facilitate forums or events where franchisees can share experiences and best practices. Learning from successful franchisees can inspire others to follow the system more diligently.

Compliance Assistance: Offer ongoing support and assistance to franchisees facing challenges in complying with the system. This can include additional training, mentoring, or access to expert resources.

Franchisee Feedback Mechanism: Establish a feedback mechanism that allows franchisees to express their concerns and suggestions. Understanding their perspective can help in refining the system for better adoption.

Consequences for Non-Compliance: Clearly outline the consequences of non-compliance in the franchise agreement. These consequences can act as a deterrent for potential rule violations.

Continuous Improvement: Continuously evaluate the effectiveness of the franchise system and rules. Embrace necessary changes based on industry trends and customer demands to keep the system relevant and appealing to franchisees.

Legal Support: Seek legal counsel to ensure that franchise agreements are robust and protect the interests of both parties. Legal clarity can deter non-compliance and facilitate smoother dispute resolution if required.

Franchisors Shouldn’t Confuse Franchisee Validation with Endorsement

Posted on May 4, 2022May 4, 2022 by Franchise Strategist

Photo by Kenny Eliason on Unsplash

Successful franchisee validation is so important, it’s common for most franchisor development staff to be aware who their best franchise validators are. Franchisor staff might even recommend which franchisees to contact, because some franchisees don’t want to be bothered while others are flattered to offer their feedback.

By Ed Teixeira

It’s an established fact that to develop a franchise system the franchisor needs to have franchisees who will validate the value of the franchise, including franchisor services, support and quality of the franchise program.

Most of the literature that offers advice to prospective franchisees states that the most valuable source of information on a franchise system is from existing franchisees. In fact, it’s often said that franchisees help sell new franchises as much as franchise development staff and brokers.

It’s important to recognize the difference between franchisee validation and using franchisees to endorse the franchise brand. When a franchisor utilizes existing franchisees in ads or social media to endorse and promote the franchise brand there can be risks. For example, I recall an incident when one of the franchisees in our franchise system helped to obtain a prized national account contract. For his efforts, he was granted a financial benefit from the specific National Account revenues. However, as a further show of appreciation, the franchisor President had the franchisee thanked in a marketing piece and on the franchise web site. A few months later, a dispute led the same franchisee to file a lawsuit against us. It’s one lesson I’ll never forget.

Although franchisors may utilize their franchisees to market its products or services to customers, its different from having their franchisees actively promote and endorse its franchise opportunity.

When it comes to franchisee validations and endorsements, a franchisor should:

Expect franchise candidates to contact a franchisee in an ad for validation. This means that franchisee must remain satisfied with the franchise and franchisor support and services.
When using a franchisee for an endorsement avoid statements that may represent an earnings claim. For example, ‘I’ve made lots of income from this franchise.”
Be wary of how franchisee advertising funds are being used. Using ad funds that single out certain franchisees could cause other franchisees to be upset by publicizing certain franchisees.
In franchise locations visited by customers who could become prospective franchisees the franchisor should promote the franchise opportunity by having tri-fold brochures describing the franchise opportunity and signage to announce the business is franchised.
When recruiting franchise candidates be sure to recognize the difference between positive franchise program validation and using existing franchisees to endorse and promote the franchise opportunity. In the case of franchisee endorsements, there is always the possibility that the franchisee if disgruntled, could be embarrassing to the franchise program.

About the Author: Ed Teixeira
Ed Teixeira is a recognized franchise expert with over 35 years experience in the franchise industry. He has served as a corporate executive for franchise firms in the retail, manufacturing, healthcare and technology industries and was a franchisee of a multi-million dollar home healthcare franchise. Ed is the author of Franchising From the Inside Out and The Franchise Buyers Manual. He has participated in the CEO Magazine Roundtable Meetings with business leaders from around the country and spoke at a number of venues including the International Franchise Expo and the Chinese Franchise Association in Shanghai, China. Over the course of his career, Ed has been involved with over 1,000 franchise locations and launched franchise concepts from existing business models. Ed can be contacted at 631-246-5782 or [email protected].

Franchisor Focus – 10 Ways an Earnings Claim Can Help Grow a Franchise System

Posted on September 1, 2021September 3, 2021 by Franchise Strategist

It can assist a franchisee to more easily obtain financing, especially if it’s for a new or emerging franchise brand. Franchisors often offer a “negative disclosure” in this section, which means that no financial projections or representations regarding future or past financial performance are provided.

Franchisor Focus: 10 Ways an Earnings Claim Can Help Grow a Franchise System

By Ed Teixeira – VP Franchise Grade, Author, MA Economics, Industry Partner Stony Brook U. and member of Advisory Board Pace U. Lubin School of Business.

Those of us who have spent years working in franchising may recall when a small number of franchisors made an Item 19 financial disclosure. It’s been reported that 20 years ago less than 20% of franchisors made a financial performance representation (FPR) or earnings claims in their FDD.[i] Over the course of the past number of years that number has increased considerably and a recent review of over 2,500 Franchise Disclosure Documents by Franchise Grade found that 65% of franchisors provided an FPR in their Item 19. The FPRs vary from average franchisee revenues to a more detailed disclosure of average franchisee profits.

This change in Item 19 disclosure represents one of the most important alterations regarding the information a prospective franchisee receives in the FDD. Whether a franchisor is a startup or established, they should provide an FPR. In fact, a new franchisor with one company operation can make an FPR (subject to FTC and state disclosure regulations) and this information should be provided to prospective franchisees.

Some franchisors fail to do an FPR either because they lack attractive information to present, don’t want to invest the time in establishing the allowable process for obtaining and disclosing the information. Or they may fear a franchisee lawsuit which can be avoided by using competent and qualified franchise legal counsel.

An FPR isn’t just another FDD disclosure. More importantly, it can help franchisors to recruit, qualify and close more franchise transactions.

Here are 10 Reasons How an FPR will help:

The FPR can be used in franchisee recruitment materials and advertising to highlight notable franchisee financial results.

The availability of an FPR can separate a franchisor offering from a competitor who fails to provide one.

It allows for a more open discussion with a franchise candidate pertaining to how they expect to achieve the positive financial results in the FPR. This could be a useful tool for qualifying franchisee candidates.

A candidate can use the FPR as a basis to develop a more accurate and useful business plan and financial projections.

It can enable a prospective franchisee to analyze and construct their key performance indicators (KPIs) and to establish the probability of achieving their financial goals.

An FPR can establish franchisor transparency which strengthens the franchisor’s credibility.

It helps provide the most important information prospective franchisees are always interested in obtaining–namely “How much can I make?”

It can assist a franchisee to more easily obtain financing, especially if it’s for a new or emerging franchise brand.

Franchisors often offer a “negative disclosure” in this section, which means that no financial projections or representations regarding future or past financial performance are provided. This in turn often means that franchisees must consider earnings potential based on other factors.

When a franchisee is interested in selling their franchise an FPR can help support those franchisees financials and the overall franchise system performance.

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[i] International Franchise Association 50th Annual Legal Symposium May 7-9, 2017 JW Marriott Washington, D.C

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Franchise Disclosure Document vs. Franchise Agreement

Posted on March 30, 2021March 30, 2021 by Franchise Strategist

Our article contributor today is Jonathan Barber, Partner at Franchise.Law. Jonathan review the differences between the Franchise Disclosure Document(FDD) nand the actual contract you’ll be asked to sign upon entering into an agreement with a Franchisor. Purchasing a franchise can be a complicated transaction and understand these documents is critical. Jonathan shaes some great insight here but to truly understand the issue please feel free to contact him at the link below in the article.

Franchise Disclosure Document vs. Franchise Agreement
By Jonathan Barber

When most people buy a franchise, they look at the Franchise Disclosure Document (FDD) and believe that everything within that document is their contract with the franchisor. However, this is not the case. It is important to understand the difference between the franchise disclosure document versus the franchise agreement when looking to enter a franchise.

What Makes the FDD Distinct from the Franchise Agreement?
What some do not realize is that the FDD is merely an overview of the franchise relationship and includes the experience of the franchisor and its officers; the litigation and bankruptcy history of the franchisor and its officers; the costs the franchisee candidate can expect to incur in building out and operating the franchise; a history of the franchise itself; and the support that the franchisee can expect to receive. The FDD is not a contract itself, although a franchisor can be held legally liable for its contents if an issue of misrepresentation arises. The FDD contents are dictated by federal and state regulations which have several limitations on what franchisors can and cannot include such as financial representations and disclaimers.

When reading the FDD, a franchisee candidate will find several exhibits which include financial statements for the franchisor, a sample copy of the franchise agreement, other standard contracts that the franchisee may be required to sign, if any, state amendments to the franchise agreement and FDD, and receipts to acknowledge that the franchisee candidate received the FDD.

The franchise agreement, on the other hand, is the actual contract between the franchisor and franchisee. The terms of the franchise agreement are binding between the parties, subject to certain changes by some states and allowable variances through operations manual revisions. Although many portions of the FDD are reflected in the franchise agreement, such as ongoing fees, default and termination provisions, and territory size, the franchise agreement goes further into detail to address the rights, roles and obligations of both the franchisee and franchisor in legal terms.

Additionally, when reviewing the franchise prior to purchasing, a candidate should understand that any changes made will be made exclusively to the franchise agreement, not the FDD. In most cases these changes, if any, are made through an amendment to the franchise agreement and must be signed along with the franchise agreement. If any changes are not made in writing and signed by both franchisee and franchisor, then either side risks these changes not being enforceable.

Because of the differences between the FDD and franchise agreement, we highly recommend having a franchise attorney review both documents thoroughly before purchasing the franchise or launching the franchise brand. If you need assistance, please reach out to our team today.
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About the Author:JONATHAN N. BARBER MANAGING ATTORNEY
Jonathan Barber is a passionate and experienced corporate transactions and litigations attorney. He has ample experience with large finance corporations, but his true passion lies in working with entrepreneurs and small businesses. This led him to the Liberty University School of Law where he studied transactional law.

After graduating with his JD, Jonathan became an adjunct professor of business law at a local community college, then began working as an associate attorney under Jason Power. Like Jason, Jonathan’s drive comes from his “healthy disregard for the impossible.” Ready to take on any challenge, Jonathan will do everything possible to find a solution. His diligence and commitment to law has led him to being named a 2019 1851 Magazine Franchise Legal Player, 2019 and 2020 Franchise Times Legal Eagle, and 2016, 2017, and 2018 North Carolina Pro Bono Honor Society.

What is a Master Franchise and Sub-Franchise and How Are They Different Than An Area Development?

Posted on February 10, 2021February 18, 2021 by Franchise Strategist

A master franchise is distinguished from an area development agreement in which a person or entity who buys a territory or region is required to develop that region directly. The area developer would be trained and supported by the franchisor and required to open a certain amount of locations within a certain territory and in a certain time frame.

What is a Master Franchise and Sub-Franchise and How Are They Different Than An Area Development?
Reposted with permission from Spadea Lignana – Franchise Attorneys

What is a Master Franchise and Sub-Franchise and How Are They Different Than An Area Development?
Like most business disciplines, franchising has its own jargon or vocabulary. The terms “master franchise” or “sub-franchise” and “area developer” have specific technical definitions, but are often used improperly. This article will help to define a master franchise or sub-franchise and area developer and distinguish them from other forms of expanding a franchise system.
Franchise systems sell a master franchise (also known as a “sub-franchise”) in order to more rapidly expand their brand and system. Master franchising is typically the most common way brands expand internationally. In that context, a master franchise or sub-franchise may be sold to a person or entity to sell franchises on the franchisor’s behalf in another country. The master franchisee has the responsibility of recruiting, training and supporting franchisees throughout that country acting as their franchisor. This makes sense for the franchise system that is interested in expanding globally to capture local knowledge, relationships and the logistical advantages of being in country.

Understanding a Master Franchise
In the United States, many systems have used master franchising to grow domestically by carving the country into regions that may be individual states or groups of states, or even parts of largely populated states, like California. There is no formal rule on the breakdown of the geography. For example, a system may sell a master franchise for Northern California. That master franchisee would be responsible for selling, training and supporting the franchisees in Northern California and would typically receive a percentage of any franchise fees and royalties paid under the franchise agreement by the franchisees.

The Advantages & Disadvantages
The advantages to this method of expansion are quicker growth, local knowledge and potentially better logistical support for the franchisees. The disadvantages to this method are both the division of future cash flow to the franchisor (which will affect their overall enterprise value) and the potential of weakening brand standards, which would be upheld and enforced by multiple master franchisees instead of the single franchisor. Unless tightly controlled and monitored, this has the potential of fragmenting the brand. There are also additional administrative and legal costs in being a master franchise system, such as a separate Franchise Disclosure Document (FDD) for the master offering and the individual offering, and the master may also need their own FDD for their franchisees. This is an area where franchisors and franchisees should consult with an experienced franchise attorney to ensure the legal documents are compliant with both federal and state law.

What’s the Difference Between a Master Franchise & An Area Development Agreement?
A master franchise is distinguished from an area development agreement in which a person or entity who buys a territory or region is required to develop that region directly. The area developer would be trained and supported by the franchisor and required to open a certain amount of locations within a certain territory and in a certain time frame. Panera Bread® is an example of a franchise that has expanded through area development. Historically they sold a minimum territory of 15 units and that owner must develop those stores within five or six years.

Becoming an area developer for a territory is another means of rapid expansion and has its own concerns for both the franchisees and the franchisor. There is no perfect method of expansion, only options that should correspond with the business goals of the owner. Each method has advantages and disadvantages. If you are considering master franchising or area development as a means to grow your system or you are considering becoming a master franchisee or area developer, we would be happy to have a discussion to see how we may be able help. We have drafting, reviewed and negotiated these documents both internationally and domestically for many clients on both sides of the transaction. We look forward to talking with you.

About the Author:

Tom Spadea spent more than 15 years in corporate and entrepreneurial positions before completing law school at Temple University’s Beasley School of Law. His undergraduate degree is in finance from Marquette University, where he graduated Cum Laude. Tom is a Certified Franchise Executive (CFE), a non-legal designation earned from the International Franchise Association. He has also been named a “Legal Eagle” by Franchise Times, a distinguished award recognizing Tom as a leader among his peers in franchising.

Tom is the founding member of the Philadelphia Franchise Association and is the current President and Chairman. The Philadelphia Franchise Association holds quarterly networking and educational meetings, bringing together franchisors, franchisees, and suppliers.

Focus:
Tom has been lead counsel for dozens of new franchise launches and has assisted franchisors and franchisees alike with a variety of legal issues, including private equity transactions, litigation, trademarks, partnerships, and real estate deals.
Background:
Tom’s entrepreneurial background goes back to the 1990’s when he was the co-owner and President of a communications equipment manufacturer where he co-founded a factory in Latin America, successfully created an international sales network in Asia and invented a product for which he was granted a US Patent.
Tom’s next move was into the franchising world working as a Franchise and Business Broker for Sunbelt of Philadelphia. He acted as an adviser to clients looking to transition into the ownership of a franchise or the purchase or sale of an existing small business. As a business intermediary, Tom handled dozens of transactions every year, ranging from listing businesses for sale to recruiting buyers. His specialty was negotiating transactions that satisfied all stakeholders.
It was while Tom was a broker that he decided to pursue his legal education. Balancing law school and a young family, Tom also managed to hold senior executive positions for multiple national franchise concepts throughout law school including a 100-unit fast casual restaurant chain; a franchised chain of over 400 supplemental education centers; and a 500-unit retail chain of franchised frozen dessert restaurants.
Passion:
Thanks to his background as an entrepreneur and a corporate franchise executive, Tom has a unique perspective as a franchise and business lawyer. When combined with his experience and acumen as a lawyer, he can vigorously defend his client’s legal rights without losing sight of their business goals. Tom understands franchising from the inside, giving his clients valuable counsel to help them map out and meet their business objectives.
More important and valuable, however, to any of Tom’s professional accomplishments is the time he gets to spend with his wife and their two children.