Franchise legal documents must be completed in compliance with the FTC but they also serve a valuable function for your future franchise owners.
July 2, 2011 by Fran
Filed under Franchise Articles
The franchise legal documents that must be properly handled are as much a big part of franchising as the advertising that makes the franchises explode with profits. These documents are under the watchful eye of the Federal Trade Commission. While it is easy to see this as yet another way that Big Brother is sticking their noses into our business, the discipline of the FTC in making sure franchise law is observed is a good thing.
You would have to live in a cave not to notice that franchising has taken off as a method businesses are using to expand. That phenomenon has not happened by accident. The explosion in the number of franchises being opened every year clearly demonstrates that having the big shots in the government sticking their noses into franchise legal documents has only helped the industry. The stability and protections that the FTC has brought to franchise legal documents has been a force for good and not evil.
The influence of government in making sure there is some level of oversight over franchise legal documents has created an environment where more potential franchisers feel safe in looking into realizing their dreams of owning their own small business as a franchise of a successful chain. That is because the majority of the requirements that the FTC has imposed on franchise legal documents are put there to protect the individual hoping to buy a franchise. Those protections result in more healthy relationships between franchisee and franchisor which leads to more success for everybody. That is pretty good work considering it is the government that is involved.
Keeping your franchise legal documents useful.
The most challenging franchise legal documents for you to create are the franchise agreement and the franchise disclosure document. The franchise agreement should undergo plenty of intense scrutiny by everybody in the game because it is the final step that sets the franchise relationship in stone. When both parties sign the franchise agreement, the franchise partnership is formal and binding. Money must be exchanged and a franchise must spring into existence. The franchise disclosure document is used earlier during the time when the franchisee and franchisor are sizing each other up. It is a FTC mandated franchise legal document that has 23 different areas of disclosure that the franchising company must give up to anyone who is thinking about sinking some serious cash into buying a franchise from them.
The government involvement in the franchise legal documents can throw a cloud over them and make us resent their butting in and making it so difficult to get these documents right. You are smart to engage a franchise lawyer to help research and create all of your franchise legal documents so you know that every “I” has been dotted and every “t” crossed when those franchise legal documents go to the prospective franchise candidate.
But it is also smart to step back, take a breath and realize that these documents are exceptionally important to your relationship with those who will represent your company as franchise owners. So government or no government, put some tender loving care into all of the franchise legal documents in the process because when you make them useful to your future franchise owners, everybody wins.
Be sure you tap into the FDD template when you start to organize your franchise disclosure document because it can help you get it right the first time.
July 2, 2011 by Fran
Filed under Franchise Articles
In the world of franchising, the FDD template represents one of the real lifesavers. FDD stands for franchise disclosure document and it is no picnic to create one when you first start putting together your plan to franchise your business. It has not been that long since the FDD template replaced the Uniform Franchise Offering Circular. This important document is more than just a friendly greeting to those who are thinking about buying a franchise from you. It is a heavily regulated and detailed disclosure document that lays out everything from soup to nuts about your business and what the franchise relationship will look like when the dust settles.
Most companies that set out to create franchises of their business see the creation of the franchise disclosure document as one of the real challenges of the quest. That is because it can be tedious and tricky to get it right. Using a good FDD template can keep you from stalling out while you put together a disclosure document that not only satisfies the government watchdogs but serves to help your future franchise money making partners as well.
When you download the FDD template, be prepared for a project that is going to take up some serious time and energy. A typical FDD template will detail what goes into the FDD document through 23 different chapters and each chapter will come with charts, illustrations and explanations not only of the kind of information you must disclose to a potential franchise owner in your business but how you must disclose it. Be sure you step through each section of the FDD template with patience and virtually superhuman attention to detail because the FTC is all over this document.
Take the FDD template and run with it.
While much of our discussion about the FDD template might put the fear of god into you about completing the franchise disclosure document, take heart. It is a step in franchising your company that is necessary and it is one that every successful business that has launched into franchising completed correctly as well. If they can do it, you can do it too.
Instead of viewing the use of the FDD template as a big nuisance, think of the value this document will have for your future franchise owners. The franchise disclosure document goes to the potential franchisee well in advance of the franchise agreement. By doing a good job of packing that document with every bit of minutia about your business and about what it will mean to franchise from you, you shift the responsibility for that information from you to the franchise applicant.
Moreover, the FDD template will enable you to do a great job with the franchise disclosure document which will result in better educated franchise owners. Smarter franchise owners means more productive franchise owners which means partners who are generating large piles of money, much of which comes your way. So give the FDD template your best effort, not only because you have to do it to stay kosher with franchise law but because you will have a higher quality franchising program as a result.