BBE2313 • FUNDAMENTAL OF ENTREPRENUERSHIP CHAPTER 3 Franchising and The Entrepreneurships Objectives • At the end of lecture students should be able to: – Explain the importance of franchising in the U.S. economy. – Define the concept of franchising and describe the different types of franchises. – Describe the benefits and limitations of buying a franchise. – Describe the legal aspects of franchising, including the protection offered by the FTC's Trade Regulation Rule. – Explain the right way to buy a franchise. – Describe a typical franchise contract and some of its provisions. – Explain current trends shaping franchising BENTR2101 Fundamental of Entrepreneurship 2 Topics Covered • • • • Definition of franchising Types of franchising Franchising advantages and disadvantages Limitation of franchising BENTR2101 Fundamental of Entrepreneurship 3 What is Franchising It is the method whereby the owner of knowhow, products, a process or a service (or in certain circumstances just a name) - the Franchisor allows another party to use such know-how products, process, service or name in exchange for an initial and on-going payment. BENTR2101 Fundamental of Entrepreneurship 4 The Franchising Boom!!! • Sales exceeding $1 trillion from virtually every product or service imaginable. • One out of 12 retail businesses in the U.S. is a franchised operation. • Franchise sales account for 40% of total retail sales. • A new franchise opens somewhere in the world every six-and-a-half minutes and in the United States every eight minutes. BENTR2101 Fundamental of Entrepreneurship 5 Franchising Grow th Num ber of Units (in Thousands) Number of Franchised Units (in Thousands) 400,000 341,579 350,000 300,000 337,693 351,459 310,044 290,605 274,265 250,000 200,000 150,000 100,000 50,000 2000 2001 2002 2003 2004 2005 Year BENTR2101 Fundamental of Entrepreneurship 6 Franchising • Franchising – semi-independent business owners pay fees and royalties to a parent company in exchange for the right to sell its products and services under the franchiser’s trade name and often to use its business format and system. BENTR2101 Fundamental of Entrepreneurship 7 Types of Franchising • Tradename Product distribution Pure (Business format) BENTR2101 Fundamental of Entrepreneurship 8 Why Buy a Franchise? • Franchisees benefit from the franchiser’s experience. • Franchisees get a proven business system and avoid having to learn by trial-and-error. • Franchisees earn a great deal of satisfaction from their work. Before buying, ask: “What can a franchise do for me that I cannot do for myself?” BENTR2101 Fundamental of Entrepreneurship 9 Benefits of Franchising • • • • Business system Management training and support Brand name appeal Standardized quality of goods and services • National advertising program BENTR2101 Fundamental of Entrepreneurship 10 Benefits of Franchising • Financial assistance • Proven products and business formats • Centralized buying power • Site selection and territorial protection • Greater chance for success BENTR2101 Fundamental of Entrepreneurship 11 Drawbacks of Franchising • Franchise fees and profit sharing • Strict adherence to standardized operations • Restrictions on purchasing • Limited product line • Unsatisfactory training programs • Market saturation • Less freedom BENTR2101 Fundamental of Entrepreneurship 12 Ten Myths of Franchising 1. Franchising is the safest way to go into business because franchises never fail. 2. I’ll be able to open my franchise for less money than the franchiser estimates. 3. The bigger the franchise organization, the more successful I’ll be. BENTR2101 Fundamental of Entrepreneurship 13 Ten Myths of Franchising 4. I’ll use 80 percent of the franchiser’s business system, but I’ll improve upon it by substituting my experience and knowhow. 5. All franchises are the same. 6. I don’t have to be a “hands-on” manager. I can be an absentee owner and be very successful. BENTR2101 Fundamental of Entrepreneurship 14 Ten Myths of Franchising 7. Anyone can be a satisfied, successful franchise owner. 8. Franchising is the cheapest way to get into business for yourself. 9. The franchiser will solve my business problems for me; after all, that’s why I pay an on-going royalty. 10. Once I open my franchise, I’ll be able to run things the way I want to. BENTR2101 Fundamental of Entrepreneurship 15 What Do Franchisers Look for in a Franchisee? Yes No Maybe • • • • • • • • Experienced? Hard Working? Team Player? Leadership & Management Skills? Risk Averse? Educated? Financially Stable? A Desire to Succeed? BENTR2101 Fundamental of Entrepreneurship 16 What Do Franchisers Look for in a Franchisee? Yes No Maybe • • • • • • • • Experienced? Hard Working? Team Player? Leadership & Management Skills? Risk Averse? Educated? Financially Stable? A Desire to Succeed? BENTR2101 Fundamental of Entrepreneurship 17 Yes No Maybe • • • • • • • • Experienced? Hard Working? Team Player? Leadership & Management Skills? Risk Averse? Educated? Financially Stable? A Desire to Succeed? BENTR2101 Fundamental of Entrepreneurship 18 Yes No Maybe • • • • • • • • Experienced? Hard Working? Team Player? Leadership & Management Skills? Risk Averse? Educated? Financially Stable? A Desire to Succeed? BENTR2101 Fundamental of Entrepreneurship 19 Yes No Maybe • • • • • • • • Experienced? Hard Working? Team Player? Leadership & Management Skills? Risk Averse? Educated? Financially Stable? A Desire to Succeed? BENTR2101 Fundamental of Entrepreneurship 20 Yes No Maybe • • • • • • • • Experienced? Hard Working? Team Player? Leadership & Management Skills? Risk Averse? Educated? Financially Stable? A Desire to Succeed? BENTR2101 Fundamental of Entrepreneurship 21 Yes No Maybe • • • • • • • • Experienced? Hard Working? Team Player? Leadership & Management Skills? Risk Averse? Educated? Financially Stable? A Desire to Succeed? BENTR2101 Fundamental of Entrepreneurship 22 Yes No Maybe • • • • • • • • Experienced? Hard Working? Team Player? Leadership & Management Skills? Risk Averse? Educated? Financially Stable? A Desire to Succeed? BENTR2101 Fundamental of Entrepreneurship 23 Yes No Maybe • • • • • • • • Experienced? Hard Working? Team Player? Leadership & Management Skills? Risk Averse? Educated? Financially Stable? A Desire to Succeed? BENTR2101 Fundamental of Entrepreneurship 24 Franchising and the Law • Key protection is the Uniform Franchise Offering Circular (UFOC). • Franchisers must deliver a copy of UFOC before any offer or sale of a franchise. BENTR2101 Fundamental of Entrepreneurship 25 Franchising and the Law • The UFOC contains information on 23 topics, including: – Franchiser’s business experience – Franchise fees and costs – Lawsuits involving the franchiser – Financial assistance available – Territorial protection granted – Restrictions on purchasing BENTR2101 Fundamental of Entrepreneurship 26 Detecting Dishonest Franchisers • Claims that the contract is “standard; no need to read it.” • Failure to provide a copy of the required disclosure documents. • Marginally successful prototype or no prototype. • Poorly prepared operations manual. • Unsolicited testimonial from “a highly successful franchisee.” BENTR2101 Fundamental of Entrepreneurship 27 Detecting Dishonest Franchisers • Unusual amount of litigation by franchisees. • Promises of future earnings with no documentation. • High franchisee turnover or termination rate. • Attempts to discourage your attorney from evaluating the contract before signing it. BENTR2101 Fundamental of Entrepreneurship 28 Detecting Dishonest Franchisers • No written documentation. • High pressure sale. • Claims to be exempt from federal disclosure laws. • "Get rich quick" schemes, promising huge profits with minimal effort. • Reluctance to provide a list of existing franchisees. • Evasive, vague answers to your questions. BENTR2101 Fundamental of Entrepreneurship 29 How to Buy a Franchise • • • • Preparation, common sense, and patience are vital ingredients in choosing the right franchise. Evaluate yourself - What do you like and dislike? Research the market. Consider your franchise options. Get a copy of the franchiser’s Uniform Franchise Offering Circular (UFOC) and study it. BENTR2101 Fundamental of Entrepreneurship 30 What Should You Look For? • A unique concept or marketing approach • Profitability • A registered trademark BENTR2101 Fundamental of Entrepreneurship 31 What Should You Look For? • A business system that works • A solid training program • Affordability • A positive relationship with franchisees BENTR2101 Fundamental of Entrepreneurship 32 How to Buy a Franchise • Talk to existing franchisees. • Ask the franchiser some tough questions. • Make your choice. BENTR2101 Fundamental of Entrepreneurship 33 Table 4.4 Advantages and Disadvantages of Buying a New vs. an Established Franchise New Franchise Established Franchise Pros Cons Can be new and exciting Business concept can be fresh and different in the market Possibility of getting lower fees as a “pioneer” of the concept Potential for a high return on investment Business is not tested or established in the market Unknown brand and trademark Possibility that the concept is a fad with no staying power Franchiser may lack the experience to deliver valuable services to franchisees Business concept likely is wellknown to consumers and market for the products or services is already established. Franchiser has experience in delivering services to franchisees Franchiser has had time to work the “bugs” out of the business system High franchise fees and costs that often are non-negotiable Concept may be on the wane in the market Franchiser’s brand and trademark may remind customers of an outdated concept Franchiser’s “trade dress” may be in need of updating and redesigning BENTR2101 Fundamental of Entrepreneurship 34 Source: Based on Andrew A. Caffey, “Age Issues,” Entrepreneur, January 2002. p. 118. Franchise Contracts 40% of New Franchisees Sign Contracts Without Reading Them !!! Note clauses covering: • Termination • Renewal • Transfers and Buybacks BENTR2101 Fundamental of Entrepreneurship Contract 35 Trends Shaping Franchising • • • • • • • International opportunities Smaller, nontraditional locations Conversion franchising Multiple-unit franchising Master franchising Piggybacking (Combination franchising) Serving aging baby boomers BENTR2101 Fundamental of Entrepreneurship 36