After 16 Years, Family Owned Gofer Ice Cream Launches Franchise Program

Posted on December 12, 2019December 12, 2019 by Franchise Strategist

Gofer Ice Cream Franchised Shop, Darien Connecticut

From traditional hard and soft ice cream to fat-free treats, and more recently expanding into plant-based ice cream products with the same promise of high quality for which the brand is known.

PRESS RELEASE
Beloved Connecticut based Ice Cream Company plans to expand in the Northeast

Stamford, Connecticut. Gofer Franchise Systems LLC. Today Gofer Ice Cream announced it has launched a program to offer Gofer Ice Cream Franchises throughout Connecticut immediately. The company is set to expand beyond the State in 2020.

Jay Ragusa, Gofer Ice Cream’s Founder, said: “We’ve been preparing for this day since we launched the brand in 2003. It has always been the plan to prove and perfect the concept and then replicate it through the franchise model. We’ve learned a lot over the years, and we feel we’re in a great position to help others own, operate, and prosper in their own business. Prospective franchisee partners can be confident in the Gofer Ice Cream Brand and system that we offer. The fact is that many concepts have come and gone, but we are here thriving and growing.”

Gofer Ice Cream Franchised Shop, Darien Connecticut

The successful “Gofer” brand has been serving the Fairfield County Connecticut area for over seventeen seasons, through its current five locations, and it has become a local favorite for many. The concept of Gofer Ice Cream, which was founded by Jay Ragusa and his family, is to be the “home team” of ice cream places. In every town or city, the goal is for Gofer Ice Cream to become the center of the community, where family and friends can enjoy a high-quality frozen treat in a welcoming environment. The shops are simple, easy, and fun to operate. Also, Gofer Ice Cream Shops are built for a relatively low cost. Franchise Partners are already scooping smiles daily, and the goal is to bring this experience to more and more communities. Gofer Ice Cream offers a variety of frozen treats for the entire family. From traditional hard and soft ice cream to fat-free treats, and more recently expanding into plant-based ice cream products with the same promise of high quality for which the brand is known. In 2019 a new company, “Gofer Franchise Systems LLC,” was formed to focus on expanding via franchising the concept beyond Fairfield County.

It’s always a good day to…GOFER Ice Cream

For the past several months, in preparation for the franchise opportunity launch, the team has been working with Franchise Industry Veteran Gary Occhiogrosso of Franchise Growth Solutions. “Gary brings his experience in not only the Franchise Industry but specifically in the frozen dessert business. He has the deep knowledge and connections specifically needed at this point in our growth. With the addition of Franchise Growth Solutions to the team, we are working with the best in the business to make sure we do franchising right. An investment made by a Franchisee is, in many cases, a once and a lifetime decision, and we don’t take that responsibility lightly.” commented Jay Ragusa.

Mr. Occhiogrosso has 30+ years of experience in franchise development and sales and was integral to the success of nationally recognized brands, including Ranch*1, Desert Moon Fresh Mexican Grille, and brands found under the multi-brand franchisor, TRUFOODS, LLC.

Occhiogrosso stated: “It’s a compelling franchise opportunity, the frozen dessert business continues to grow. People love ice cream. But more than merely the best cream, Gofer creates memories by delivering a family and community experience. With frozen treats to meet virtually every customer trend, whether Plant-Based, or Fat-Free or Soft Serve or our Premium Ice Cream, Gofer Ice Cream gives our Franchise Partners a unique competitive advantage in the Ice Cream business.”

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ABOUT GOFER ICE CREAM
Gofer Ice Cream provides premium hand-dipped and soft-serve ice cream, plant-based ice cream, fat-free Gofer Lite, Italian ice, smoothies, and Razzles, as well as ice cream products and novelties through five retail locations in Southern Fairfield County, Conn. Gofer opened its first store in Greenwich in 2003 and has since grown with both company and franchisee-owned shops also now open in Cos Cob, Stamford, Wilton, and Darien. The company is a multi-year award winner of “The Best of the Gold Coast,” a people’s choice award conducted through Moffly Media. Gofer Franchise Systems LLC awards franchises to operate under the Gofer Ice Cream brand.

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ABOUT FRANCHISE GROWTH SOLUTIONS, LLC
Franchise GrowthSolutions, 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 more information, please contact Gary Occhiogrosso at 917.991.2465 or via email at [email protected].

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The New Revenue Recognition rules – What is the Impact for Franchisors

Posted on November 11, 2019January 14, 2020 by Contributing Writer

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.
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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.
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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.

Small business: How ethics can help your bottom line

Posted on October 6, 2019January 14, 2020 by Franchise Strategist

Small business: How ethics can help your bottom line

(BPT) – The last thing any company wants is a misstep that hurts the trust it has built with customers. This is especially true for smaller businesses, which may not have the resources to recover from a reputation setback. To prevent mistakes, bad decisions and wrongdoing, smaller businesses can take a proactive approach to developing ethical business leaders and business cultures. Experts say when businesses do that they can achieve benefits for their bottom line, their employees and the common good.

It can happen anywhere

Often, leaders at small businesses with few employees feel protected from or less susceptible to fraud or unethical conduct because of the close-knit nature of their teams. But research shows unethical behavior is more widespread than they realize, and not confined to one type of business. According to a 2017 Ethics and Compliance Initiative survey, nearly 47% of U.S. employees at companies of all sizes said they personally observed workplace conduct that “either violated organizational standards or the law.”

A 2018 Better Business Bureau survey found that 84% of consumers trust small businesses the most. That’s important for business owners to recognize, because the more trust a consumer puts in your company, the greater the ramifications when that trust is broken. This means business leaders have every incentive to develop strong ethical standards and cultures.

Empowering businesses

One university is looking to empower smaller businesses through a new open-access website. The University of St. Thomas recently launched the Business Ethics Resource Center (BERC), with U.S. Bank as the founding sponsor. The BERC is part of the university’s Center for Ethics in Practice in the Opus College of Business and provides resources for small and midsized businesses, focusing on ways they can develop ethical leaders and cultures.

Resources include videos, articles, toolkits, example plans and other multimedia assets that can help companies promote ethical conduct as part of their core mission. The BERC is designed to help time-strapped business leaders develop and sustain a strong ethical culture within their organizations and realize the inherent benefits that come along with that.

The benefits of ethics

While it’s difficult to determine the true cost of developing an ethical culture within your organization, it’s clear there are several tangible benefits. For starters, practicing ethics can help you avoid costly legal issues while enhancing your company’s reputation. It will also help you build customer loyalty, with 80% of customers saying they are more loyal to a company with good ethics, according to a recent survey from Salesforce. The same qualities that attract customers will also increase your ability to attract and retain outstanding employees. When you’re able to establish ethical standards as the foundation of your company values, you foster a more positive, meaningful work culture for your employees.

Promoting ethical conduct and compliance doesn’t have to be expensive. By utilizing the resources available and cementing strong ethical standards as a critical part of company values, businesses can establish an ethical company culture that benefits everyone involved.

END OF ARTICLE
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Veterans – What’s Your Next Mission? – Franchise Opportunities for Veterans.

Posted on October 2, 2019January 14, 2020 by Franchise Strategist

Photo by Yeo Khee on Unsplash

What’s Your Next Mission?
By Rich Vaill
VP, Business Banker | Marine Corps Veteran | Veterans employment advocate

I used to meet with my Platoon Sergeant on a regular basis to ensure we were on the same page and to discuss any challenges. One morning, we sat down to talk about a young Marine who continually got into trouble. Although I thought the Marine was intelligent and had potential, his mistakes and poor judgement left me unsure as to how to approach the problem.

My Platoon Sergeant suggested that we place him in charge of our publications and resource section. Puzzled, I asked, “You want to reward his mistakes with a new responsibility?” He explained that while he was also troubled by the Marine’s decisions, he recognized the young man’s potential and wanted to provide him with this new challenge.

It was a great decision, as the Marine embraced the role, improved the overall effectiveness of the section and became a top performer. We promoted him to Corporal a few months later.

Many Veterans find their transition to be very challenging because they’re used to either preparing for a mission or executing one. They return home only to find that they no longer have that focus or a team around them. It can make for a tough time, so it’s important that Veterans find another mission to embrace. I was lucky enough to discover my passion for helping my fellow Veterans find employment on which to focus my attention.

I was chatting about this with a friend, and we came to the conclusion that everyone needs a “next” mission. It’s certainly not just for those who have served in the military. Everyone can benefit from having a daily and/or long-term purpose.

It might be something as simple as helping your kids through Algebra, more extensive like becoming involved in a local charity or assuming a new role within your company. Either way, it’s something that demands your attention and, hopefully, yields a positive result.

Whether it’s a personal objective like helping a family member, a new challenge in your career or starting a business, a new mission gives you renewed focus and a chance to thrive.

“When you discover your mission, you will feel its demand. It will fill you with enthusiasm and a burning desire to get to work on it.” – W. Clement Stone

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About the Author

Rich Vaill works with Professional Service businesses and Veteran entrepreneurs who are:
* Worried about rising costs and decreasing cash flow
* Unsure about how much working capital they should have on hand
* Frustrated with the amount of time it takes to perform simple banking operations

At my core, I’m a Marine. As a Marine in Business Banking, I focus on what’s important to my clients and I get it done.
Specialties:
Escrow | 1031 Exchanges | Cash Flow Optimization | Credit Solutions | SBA Loans
Founder of LinkedIn group, “Jobs for Veterans”
President – New Jersey Chapter of the National Marine Corps Business Network
I may be contacted at 973 699-5616 (c)

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Franchise Opportunities for Veterans
https://www.franchisegrowthsolutions.com/clients

News From Burger Village – Franchise Goes International

Posted on September 24, 2019January 14, 2020 by Franchise Strategist

Burger Village Is Going International!
24 Sep, 2019

We’ve been waiting for the right time to announce this, but we just simply can’t contain our excitement any longer. Burger Village is OFFICIALLY GOING INTERNATIONAL. That’s right, our new Canadian location will be opening soon, and our northern neighbours seem to be just as excited as we are. Our food is organic, all-natural, and provided by local farmer families that give our customers the quality & great tasting food that they’ve come to expect. There is a lot for Canadians to be happy about. From the Toronto Raptors winning the NBA Championship, having a thriving national infrastructure, to having some of the most beautiful and natural landscapes in the world. Now we are proud to say you can add Burger Village to that list!

Why Is Organic Such A Great Choice To Make?
If not just for yourself, choosing to eat organic foods is also a great way to help protect our environment. Our farmer families treat their animals with love and dignity. Those farmer families then provide those animal products to our locations and give our customers some of the freshest tasting food they’ve ever had. Burger Village is slowly but surely continuing to grow our brand and provide our customers with more of the great food they’ve come to expect from us.

Our customers love our food because they know what they’re eating is REALLY GOOD and made with REAL & CLEAN INGREDIENTS. Everything we make is:

Organic & All Natural
Antibiotics & Hormones Free
rBGH Free (Growth Hormone)
Pesticides Free
GMOs Free (Genetic Modification)
Sustainable Environmentally Friendly
Healthful & Nutritious
Herbicide Free
Preservatives Free
Gluten-Free
Peanut-Free
Humanely & Pasture Raised Livestock
Supports Our Local Farmers & Their Families

We take pride in the fact that every animal product we use is obtained in a natural & humane way. This ultimately results in our customers enjoying food that is much more delectable, nutritious, and ecological than most other restaurants. This practice also helps to promote & support our farmer families who are ultimately the backbone behind our success.

What Separates Us From The Rest? We Just Care More!
Our newest Burger Village location here in Canada will be an eco-friendly establishment. It will also be constructed using reclaimed wood and biodegradable materials. Did we also mention that our beer selection will come from LOCAL BREWERIES? We also pride ourselves on having gluten-free options and being a peanut-free establishment that is inclusive to all of our customers. Burger Village is a healthier alternative to most similar restaurants because we care more about our customers and the quality of the food that we sell those customers.

Burger Village is rapidly growing and constantly looking to spread the word about organic food and all of the benefits that come along with it. We’re going to spread that message one customer and one burger at a time. Slowly but surely we are hoping to branch out to even more locations near you (including more in Canada after our new location officially opens). Are you as excited as we are? We sure hope so; and if you are excited, let us know on social media! You can follow us on Twitter @burgervillageny or on Facebook @burgervillageny.

Franchising Opportunities Are Still Available!
Burger Village has teamed with franchise industry expert, Gary Occhiogrosso, the founder of Franchise Growth Solutions, LLC, to expand the turnkey Burger Village fast casual QSR (quick service restaurant) business model from eleven (11) in 2019 to twenty-five (25) locations by 2022. Burger Village franchises are currently available in most territories nationwide.

Mr. Occhiogrosso has over 30 years’ experience in franchise development and sales and was integral to the success of nationally recognized brands including Ranch *1, Desert Moon Fresh Mexican Grille, and brands found under the multi-brand franchisor, TRUFOODS, LLC.

For information on owning your own Burger Village franchise, please contact Gary Occhiogrosso at 917.991.2465 or via email at [email protected] or log on to our franchising opportunities website at: http://www.burgervillagefranchise.com

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ABOUT BURGER VILLAGE
Burger Village is an all-natural, hormone-free burger concept that uses fresh and organic ingredients to create nutrition-rich meals for active consumers who want to eat well when dining out. From six locations in New York and five in California, Burger Village has grown into a recognized lifestyle brand that combines the growing trend toward clean and healthy dining with a socially responsible business model.

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 more information on the Burger Village fast-casual restaurant concept, please visit burgervillage.com.

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

Posted on September 21, 2019January 14, 2020 by Contributing Writer

Photo by freestocks.org

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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Franchise Restaurants Show Modest Gains – What’s Happening On The Ground?

Posted on September 10, 2019January 16, 2020 by Franchise Strategist

Photo by Spencer Davis on Unsplash

McDonald’s is the sales standout, and they are in a class by themselves, providing value and upgraded quality to a population hungry for price/value. Taco Bell is also an exception, for similar reasons. Even Domino’s and Wingstop, who have put up great numbers in recent years, are reporting only modest gains at the moment.

RESTAURANT MAIN STREET – WHAT’S HAPPENING ON THE GROUND??
By Roger Lipton

We have long believed that the restaurant industry provides an excellent leading indicator as to consumer sentiment. It is much easier to adjust dining habits, every day, than to plan and spend for large ticket items.

Quite a few restaurant companies have reported their quarterly results, ending 6/30. The sales and traffic trends, collectively, indicate that not much has changed in terms of consumer optimism. The table below provides the reported results for comp sales, including a breakdown, mostly provided by company operated locations, relative to traffic, pricing and menu mix. Also shown on the table are the outlook, when provided, relative to commodity and labor expense.

No Meaningful Improvement
The company operators show, with just a couple of important exceptions (Chipotle and Starbucks) modest comp gains, more than offset by pricing and menu mix, so traffic is negative almost everywhere. The only other outlier is Diversified Restaurant Holdings, franchised operator of the Buffalo Wild Wings system, going against very easy comparisons. Most importantly, In terms of third quarter to date, virtually no one is guiding toward a meaningful improvement. In our view, Chipotle and Starbucks (with the strongest trends) can be viewed as “special situations”. Chipotle is bouncing back from their multi-year troubles and doing a great job with mobile app/delivery, and Starbucks is the premier worldwide brand selling an addictive product by way of an extraordinary employee culture and great technology.

The franchising companies that have reported are showing a similar trend, modest sales gains in almost all cases. The franchising companies steer away from reporting traffic, but it is safe to assume that pricing and sales mix trends are similar, so traffic is no doubt down. McDonald’s is the sales standout, and they are in a class by themselves, providing value and upgraded quality to a population hungry for price/value. Taco Bell is also an exception, for similar reasons. Even Domino’s and Wingstop, who have put up great numbers in recent years, are reporting only modest gains at the moment.

Delivery On The Rise
It’s important to note that, within the sales mix, delivery, curbside and in-store pickup, are rapidly increasing portions of the revenue mix, so dine-in traffic is down materially more than the comps that are reported. We haven’t heard any restaurant company bemoan, though they could, the fact that their physical plants are only fully utilized a few evenings per week.

In addition to the sales and traffic trends, we are equally interested in the commentary relative to cost expectations, namely commodities and labor. Expectations are mostly higher for commodity costs, dramatically so for chicken wing prices. It is clear that the benefit a year or so ago from lower commodity prices is in the rear view mirror, and higher cost of goods is likely. Labor expense, predictably, is expected to move ever higher.

CONCLUSION:

The beat goes on. With prime costs, as well as other expenses such as insurance, common area charges, utilities, etc. also increasing, it takes more than two or three points of comps to improve margins. A handful of the larger premier operators such as Starbucks, McDonald’s, Darden, Domino’s and Wingstop continue to provide better the best results. However, even among these “best of breed” operators, it’s a battle for market share and an increasing challenge to generate a worthwhile return on incremental investment.

Roger Lipton
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About Roger Lipton
Roger is an investment professional with over 4 decades of experience specializing in chain restaurants and retailers, as well as macro-economic and monetary developments. After earning a BSME from R.P.I. and MBA from Harvard, and working as an auditor with Price, Waterhouse, he began following the restaurant industry as well as the gold mining industry. While he originally followed companies such as Church’s Fried Chicken, Morrison’s Cafeterias and others, over the years he invested in companies such as Panera Bread and shorted companies such as Boston Chicken (as described in Chain Leader Magazine) .

SUBWAY – A Bite Of The Sandwich From Both Ends?

Posted on August 2, 2019January 16, 2020 by Franchise Strategist

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.”

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.

Getting New Franchisees Off to a Great Start

Posted on June 3, 2019October 6, 2019 by Franchise Strategist

GETTING FRANCHISEES OFF TO A GREAT START…The likelihood of a franchise owner “going rogue” when a company is transparent in its expectations lessens. Franchisees know what is expected of them.

Getting New Franchisees Off to a Great Start
Prepare them for business ownership through the onboarding and training process.
By Gary Occhiogrosso – Managing Partner of Franchise Growth Solutions, LLC.
Photo by Perry Grone on Unsplash

When training new franchisees, there is a term that is used regularly but has received a lot of criticism “Onboarding” Many Franchisors believe that the “onboarding process” begins once a candidate is awarded the franchise. I coach this process is a different way. At Franchise Growth Solutions we know that the onboarding process begins from the very first interaction the company has with the franchise prospect.

Getting to the Goal

That said, let’s take a step back and first explore the goal of proper onboarding. In my opinion, the main focus is to create value for the brand in the minds eye of the candidate. Without value and respect for the brand, all the training in the world will not produce a franchisee capable of living up to his or her full potential as the operating franchisee.
Although franchisee training is often seen as a means to an end because of how quick paced it is and how much information is packed into training sessions, in and of itself training is certainly not the sole answer in producing quality franchisees. Through the years I’ve trained franchisors to understand that in order to successfully orientate a new franchisee; Mission, Culture and Core Values of the brand must be communicated to and embraced by the franchisee. Here again I cannot emphasize enough that franchisors must start building value and respect for the brand during the recruitment phase. It is during that time, potential franchisees and the franchisor should engage in meaningful, mindful conversation so that the franchise candidate understands what is expected of them and the Franchisor should understand what the franchisee expects in return. It’s a simple (but not easy) process that can lead to rejecting a candidate and losing the deal. However, trust me when I say, losing that candidate is a far better outcome than bringing the wrong franchisee into the system only to wreak havoc, compromise brand standards and lobby additional, otherwise satisfied franchisees into their negative mindset.
Successful onboarding and training requires transparency, consistency and follow up.

The likelihood of a franchise owner “going rogue” when a company is transparent in its expectations lessens. Franchisees know what is expected of them. In addition, the Franchisor’s support personnel should be out in the field in front of the franchise owner, coaching, counseling and working with the franchisee to achieve optimum results, financially as well as making sure the business is providing options consistent with the franchisees lifestyle goals. Supplying ongoing training that places resources within reach of the franchisee is not only vital at the onboarding phase but throughout the lifecycle of the business relationship.

Initial Training & Support

This approach helps franchisees adapt as the brand grows and systems evolve. Preparing franchisees to deal with the issues that may come up along the way is key to building a successful franchise system. Ultimately solid onboarding and training should expose the franchisee to detailed information so the franchisee knows what the company expects and they can live up to the “Brand Mission”. Initial and ongoing training should support the idea that following the system is the most important aspect leading to the success of the business. This approach puts franchisees in a better position to make sound decisions concerning the business with little outside assistance and with little room to “reinvent the wheel”.

Franchisees need to be held accountable for holding the same high standards as the franchisor. In order to do this, your company culture, value proposition, training program, operations manuals, job aids and other franchisor supplied tools should be carefully develop, tested, reviewed and updated as necessary. The onboarding process and training program is never “done”. As the franchisor it is you job to insure that franchisees have access to the tools and support needed to grow and thrive.
Get new franchisees off to a great start through a sound onboarding process that starts at the first hello. Recruit and vet your candidates thoroughly, be certain they are a fit for you brand culture and buy into your mission statement. Provide them with the tools and support needed to navigate system changes as they occur. Give the franchisees the foundation they need to grow, develop, and succeed as business owners. An excellent franchise system, built this way from the start makes it easier for franchisees to overcome challenging situations as they occur, and they will occur.
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About the Author:
Gary Occhiogrosso is the Managing Partner of Franchise Growth Solutions, which is a co-operative based franchise development and sales firm. http://www.frangrow.com
Their “Coach, Mentor & Grow Program” focuses on helping Franchisors with their franchise development, strategic planning, advertising, selling franchises and guiding franchisors in raising growth capital.
Gary started his career in franchising as a franchisee of Dunkin Donuts before launching the Ranch *1 Franchise program with it’s founders. He is the former President of TRUFOODS, LLC a 100+ unit, multi brand franchisor and former COO of Desert Moon Fresh Mexican Grille. He advises several emerging and growth brands in the franchise industry
Gary was selected as “Top 25 Fast Casual Restaurant Executive in the USA” by Fast Casual Magazine and named “Top 50 CXO’s” by SmartCEO Magazine. In addition Gary is an adjunct instructor at New York University teaching Restaurant Concept & Business Development as well Entrepreneurship. He has published numerous articles on the topics of Franchising, Entrepreneurship, Sales and Marketing. He is also the host of the “Small Business & Franchise Show” broadcast in New York City and the founder of http://www.FranchiseMoneyMaker.com

Franchise Marketing – Do’s & Don’ts

Posted on May 18, 2019January 16, 2020 by Franchise Strategist

FRANCHISE MARKETING – DO’S & DON’TS…Today’s featured post is courtesy of Harold Kestenbaum. Harold is one of the Top Franchise Attorneys in the country. He works exclusively with franchisors and has been involved in some of the most important franchises ever launched such as Sbarro, Ranch *1 and Five Guys. In this “double article” Harold shares his insights on franchise marketing and recruiting new franchisees.

The Dos and Don’ts of Franchise Marketing Materials
By Harold Kestenbaum

As an entrepreneur, it can often be worth your while to consider franchising your business. When you have a great product or service, franchising is an excellent way to create a new revenue stream, while increasing brand awareness. As with any new venture, the key to successfully franchising your business is laying the groundwork for a thriving enterprise. This begins with your franchise marketing materials.

Your franchise marketing materials are the key to attracting like-minded individuals to work with your business and grow your brand. It is important to remember though, that you must be careful with what you do and don’t say in these documents, as you want to remain legally compliant and truthful in your endeavor.

DO explain your brand, mission, and infrastructure. In your franchise marketing materials, it is vital to explain who you are as a company, how you operate, and why someone should want to work with you.

DON’T promise your franchisees any specific profits or financial gain. Since every market is different, it is important to refrain from making promises about a franchisee’s total profit or financial gain from buying into your business.

DO set the right restrictions. Your marketing materials should establish policies you have on hiring, training, proprietary processes, etc. but it should also allow the franchisees some freedom to make the business their own.

DON’T neglect to screen franchisees. Just as you would interview potential new hires for your location, you will want to screen franchisees once they have inquired about this opportunity. You want to build a network of people dedicated to your brand and mission.
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Franchise Marketing Materials 101: Establishing Your Recruitment Website
By Harold Kestenbaum

When you have made the decision to franchise your business, you will want to put a lot of time and money into your franchise marketing materials, especially at first. In order to grow your brand and find potential franchisees, these marketing materials must be appealing, straightforward, but also compliant with the law. As you begin working on your marketing materials and franchise recruitment website, it is important to work with a seasoned franchise attorney and remember these key tips.

Register your franchise: Before advertising your franchise to a particular state, it is important to know that many states require a franchise to be registered prior to the sale of any franchise location, but also any offer of franchise. This means you must take care of all necessary registration before launching your website in a given state or sending out marketing materials.

Understand the laws of advertising: Not only do you have to account for the franchise laws that apply to your business, but you also have to consider the other laws which affect advertising. These can include intellectual property laws, unfair competition laws, and deceptive trade practice laws. Your franchise attorney can review all marketing materials to ensure that you are not infringing on any other company’s rights and that you are in full legal compliance.

Provide clear, accurate information: To successfully gain leads from your website and marketing materials, it is critical for franchisors to provide clear, accurate information which provides potential buyers with enough evidence to make a purchase decision. This information should outline the requirements for buying into the franchise, as well as the type of support franchisees will receive once they are a part of the program. You will want to avoid words and phrases such as success and profit, so as not to mislead buyers about their expectations of buying into your franchise. You want to give franchisees truthful information, without making any specific claims about financial earnings, especially since every market is different.

Stay consistent: In all your marketing materials, you want to stay consistent in the way you represent your brand. You will want to avoid making promises that you cannot fulfill once a buyer signs a contract and purchases a franchise under your name. By staying consistent in all your content, you can avoid potential legal roadblocks down the road.
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About the Author
HAROLD L. KESTENBAUM is a franchise attorney who has specialized in franchise law and other matters relating to franchising since 1977. From May 1982 until September 1986, Harold served as franchise and general counsel to Sbarro, Inc., the national franchisor of more than 1,000 family-style Italian restaurants and, was a director from March 1985 to December 2006. From September 1983 to October 1989, he served as president and chairman of the board of FranchiseIt Corporation, the first publicly traded company specializing in providing business franchise marketing and consulting services and equity financing to emerging franchise companies, which he co-founded. Harold has authored the first book dedicated to the entrepreneur who wants to franchise his/her business, called So You Want To Franchise Your Business. It is a step-by-step guide to what a businessperson needs to know and do to properly roll out a franchise program. Harold’s book is available at major book stores and on Amazon.com or you can click here for more info on his book So You Want to Franchise Your Business.