There are a huge number of franchise regulations on the books but most of them are there to protect the franchisor.
June 16, 2011 by Fran
Filed under Franchise Articles
Franchise regulations are an important part of what you must go through to buy a franchise and achieve your dream of great wealth as a small business person. It is easy to look at the huge volume of franchise law and think that, once again, the government is sticking their nose in somewhere that they do not belong. In reality, however, most franchise regulations are put in place not to protect the franchisee but to protect you as you work through the process of buying a franchise and getting that dream business that you have always wanted.
As you work interact with the company offering you a franchise, you will see what seems like volcano flow of franchise documents come your way. Many of those documents are filling up your mailbox because franchise regulations require that a lot of disclosure happens before you fork over your hard earned money to buy a franchise and set up shop.
Disclosure is a seventy five cent word that simply means that the franchisee must inform you about everything that will happen as the franchising process takes place. Disclosure is also part of franchise regulations because they are required that you know about any and all requirements that you will have to live up to as a franchise owner. You also have a right to know about what you can expect and demand of the franchising company so they hold up their end of the bargain too.
Understanding the distinctions between state and federal franchise regulations is important.
If things were not messy enough, there are different levels of franchise regulations to be aware of. Before you sign any franchise agreements, it pays to know where state level franchise regulations are in place and where the federal government steps in to add their two cents worth.
One reason to be alert about the different levels of franchise regulations is that if you run into a problem down the road and the franchisee is in another state. If that happens, there could be confusion on how responsible that company is to regulations that pertain to the state where you live. So it is smart to be aware of these distinctions and look for how they might impact the franchise agreements and other documents that you are reviewing as you prepare to buy a franchise and get moving on your exciting new business.
You should not hesitate to get some help form a qualified franchise lawyer or franchise consultant to sort the various franchise regulations out for you. By engaging someone local, they will be well aware of the state franchise laws. Your franchise gurus can also interact with the franchise legal brains at the franchising company to make sure they lay out the details of who is responsible for what. Then you can feel confident that you are going into this deal with someone watching your back.
The franchise documents you have to deal with are complicated and confusing but the effort you put into conquering them will more than pay off.
June 14, 2011 by Fran
Filed under Franchise Articles
One might think that in a perfect world, complicated franchise documents would not be a part of what it takes to own your own franchise small business. If you just got your first big bundle of complicated franchise documents from the franchising company in preparation for going into business with them, you are not the first one to think you are going to drown in paperwork. From the franchise agreements to the other documents that you are expected to know like the back of your hand, the whole process can get a little overwhelming.
Before you throw the whole stack of franchise documents in the drawer and give up and go to the movies, think twice. There are good reasons why those franchise documents are so long and detailed. In most cases, it is for your own protection. That is because of a little thing called disclosure.
Franchise disclosure documents are a big part of the purpose of so many franchise documents start filling up your mailbox. The franchising process has been refined over many years and many problems have been flushed out of the brush that can cause good franchise relationships to go bad. And one of the big reasons things go south for a franchisee is when you do not know up front what will happen when the legal documents are all signed, huge sums of cash exchanged and you are ready to fire up your franchise. So franchise documents are there to give you a peek into the future so there will be no surprises.
Franchise documents are long for good reasons.
The franchise industry has found it necessary to make franchise documents as long and complex for good reasons. They are not trying to impress you with how much paper they can send your way or snow you with a mountain of legal mumbo jumbo. When a company sets out to create franchises, the franchise laws they have to cope with are nothing short of phenomenal. So a lot of the franchise document creation that goes on is to jump through the hoops of so many franchise laws that are in existence that gum up the system considerably.
One top of franchise laws coming out of their ears, franchisors have to think about the possibility of lawsuits that can come out of a botched franchise relationship. There is a lot of dough that trades hands as you get moving on buying a franchise and when that much money is involved and there are lawyers anywhere near, there are going to be some lawsuits when things go wrong.
The good thing is that there are some franchise document laws that stipulate that the franchise documents you have to read and sign must be written in language you can understand. Even at that, it pays to get some help from a good franchise lawyer and/or a franchise consultant to make sure there isn’t anything buried in those franchise documents that can come back to haunt you later. But if you take your time and read those franchise documents and make sure you understand every paragraph you find there, you will be prepared in every way when the time comes to launch your franchise and start raking in the big bucks.
Franchise contracts represent a big investment for franchisee and franchisor alike.
June 12, 2011 by Fran
Filed under Franchise Articles
You are not being a party pooper if you ask some tough questions before you sign any franchise contracts. Don’t let anyone accuse you of not having the enthusiasm and optimism to make a great franchising operation work just because you are smart enough to read the fine print before you sign your life away. You can have enthusiasm and excitement coming out of your ears and still be a smart business person at the same time.
Let’s not kid ourselves here. Franchising a small business is a big deal. It is a big deal for the franchisee and you can be sure that before they are willing to sign any franchising contracts with you, they checked you out soup to nuts. So you be just as fussy and make sure the franchisor who wants you to own a chunk of their success really will live up to those franchise contracts and is not blowing smoke up your pants.
When a franchisor sets out to “sell” a franchise in their business, it is a big profit making operation for them. The franchisor is setting up a sweet deal for themselves where you do all the hard work day in and day out and they show up once a month and take away the bags of money that come to them from those fat franchise royalty fees.
It is the franchise contracts that make this sweet deal work for them. This is not to say that those same franchise agreements will not pay off big time for you. Franchising is a great way to jump start your small business because in exchange for the investment you make, you open a business that has a built in name recognition and a customer base who want to spend money with your small business. That can be a guaranteed success if you work hard and know what you are doing.
Franchise contracts are not set in stone.
If you are a little intimidated by those fat franchise contracts that just showed up on your desk, those butterflies in your stomach are your friends. They are telling you not to just turn to the last page and start signing where the franchisee put the big red X marks. Every paragraph, line and comma of that fat document will have a big impact on your daily life once you are in bed, so to speak, with that franchising company. Make sure that you agree with every paragraph, line and comma before you so much as take the cap off of your pen to sign up for the deal.
You are not in this alone. Investing in the services of a good franchise lawyer and a franchise consultant is a savvy move on your part. Be sure that someone takes that franchise contract apart piece by piece and knows exactly what it says. Then make sure those high priced franchise gurus explain every concept on the pages of that franchise contract to you in language you understand.
You deserve to know what those franchise contracts say and you deserve to have it written in language you understand. If the franchise contract is written in a bunch of legal mumbo-jumbo, send it back and ask for it to be returned without the dog and pony show.
Nothing is set in stone. If you don’t like something in that franchise contract, change it. Your high priced franchise gurus know how to make those changes. Don’t let the franchisor push you around. If you negotiate so those franchise contracts lay out just like you want them to, you will walk away with a sweet deal for yourself and a sweet career ahead running a very profitable franchise small business to call your own.
The franchise disclosure documents that you get from the franchisee will tell you all you need to know about your costs of this next big step in your life
June 11, 2011 by Fran
Filed under Franchise Articles
Franchise disclosure documents may seem boring but they can ease your mind tremendously. Getting ready to buy a franchise should bring with it a lot of butterflies in the stomach. Those butterflies are a mixture of excitement about the big money you can make owning your own franchise and sheer terror. That terror is actually a good thing because the last thing you want is to be committed to the costs and obligations of a franchise relationship and then begin to think, “What have I got myself into?”
This is where spending some quality time with the franchise disclosure documents can help with that sense of terror. Before pen goes to ink to make your franchise business spring to life, a number of financial disclosure documents will show up at your door that will give you everything you need to know about franchising a business.
Those franchise disclosure documents will lay out in detail the costs that you can expect to pay to get your own franchise small business up on its feet. There are a number of layers of costs to keep your eye on as you get into this big adventure in your life. The cost of buying the franchise springs to mind and that can vary widely from one franchise to another. Along with those costs, there will be expenses to get your new business on its feet and ongoing costs such as franchising royalties. Here is where your franchise disclosure documents can take much of the terror out of what you are getting yourself into.
Putting franchise disclosure documents to the test.
Before you even consider signing any franchise agreements, be sure you plow through those franchise disclosure documents and lay out in detail every dollar and cent this investment is going to hit you for. The up front costs may put some of that terror back into your system. This is where it pays to put those franchise disclosure documents to the test.
You can put those financial disclosure documents to the test by having a meeting of the minds with other franchise owners in your village. Don’t just happily buy into franchise costs. Check it out that those fees and royalties line up with what rational thinking people pay to be citizens in the elite club known as franchisees. If the costs are not in line with reality, you can contest and negotiate what those franchise disclosure documents tell you. If the franchisee won’t play ball, there are other games in town to play so take your good business elsewhere.
As you evaluate the costs of running your own small business, don’t just blindly accept that what is in the franchise disclosure documents represent all of the expenses you may have to face. Think about the other aspects of running a business such as employee’s salaries and benefits, hiring a clearing service and keeping plenty of coffee and toilet paper on hand. If you let no stone go unturned in your evaluation of what your costs will be, those hard numbers will put you on a path to big success. Then that feeling of sheer terror can yield to real excitement because you know what you are getting into and it is something very exciting indeed.
How to Prepare The Franchise Documents On Your Own
October 18, 2010 by FranZoom
Filed under Franchise 101
One of the primary expenses included in setting up a new franchise deal is to hire a consultancy company for all the franchise documents preparation. But now people are looking forward to change this old fashioned way of doing things. Instead of spending thousands of dollars on a consultant people are now going for online templates and manuals. It is a well reported fact that there is a growing tendency of preparing the franchise documents without hiring a consultancy company.
How to Prepare Franchise Disclosure Document
Franchise Disclosure Document or FDD is the major source of information for a buyer about the business he or she is about to franchise. Long gone are the days when businessmen required hiring a franchise attorney to prepare the franchise documents. Today you can download the customizable Microsoft Word template file to prepare this document on your own. However you should only go for a template file which is prepared by the experts and which comes with 100% FTC certification. You can get an authentic and best value Franchise Disclosure Document (FDD) Template from a trusted source. This template will resolve the issue of preparing the franchise documents without spending lots of money.
Where to Get Sound Advice About Financing
Apart from preparing the franchise documents attorneys used to provide suggestion about all the stages of a deal. However this help was granted in return of huge bills from these lawyers. Now experts have resolved this problem as well. You can get a Franchise Operations Manual prepared by top class experts to provide all the guidelines and suggestions. This manual is a superb alternative to have all the required guidelines and methods for very cheap rates.
Online manuals and templates have made it possible to prepare franchise documents on your own and now you can get all the valuable suggestion 24/7 with the help of an elaborated manual.