Franchising Terms




  • Franchising

"A marketing system revolving around a two-party legal agreement, whereby the franchisee conducts business according to the terms specified by the franchisor"


  • Franchise contract

"The legal agreement between franchisor and franchisee"

  • Franchisee

"An entrepreneur whose power is limited by a contractual agreement with a franchisor"

  • Franchise

"The privileges conveyed in the franchise contract"

  • Franchisor

"The party in the franchise contract that specifies the methods to be followed and the terms to be met by the other party"

Types of Franchises




  1. Product and Trade Name Franchise
    Grants the right to use a widely recognized product or name

  2. Business Format Franchise
    Provides an entire marketing system and ongoing guidance from the franchisor

  3. Piggyback Franchising
    The operation of a retail franchise within the physical facilities of a host store

  4. Master Licensee
    An independent firm or individual acting as a sales agent with the responsibility for finding new franchises within a specified territory

  5. Multiple-Unit Ownership
    Holding by a single franchisee of more than one franchise from the same company

  6. Area Developers
    Individuals or firms that obtain the legal right to open several franchised outlets in a given area.

Financial Assistance

  • Start-up business costs are normally high and thus by teaming up with a franchise organization, the individual can increase her/his chance of receiving financial help.
  • The franchisor might chose to use liberal payment schemes to the franchisee in order to get over the initial financial hurdle.

The Franchising Boom!!!





  • Sales of $1 trillion in virtually every product or service imaginable.



  • More than 4,500 franchisers operating some 600,000 outlets worldwide.



  • Franchise sales account for 44% of total retail sales.



  • A new franchise opens somewhere in the world every six-and-a-half minutes.

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.

4. I’ll use 80 percent of the franchiser’s business system, but I’ll improve upon it by substituting my experience and know-how.

5. All franchises are the same.

6. I don’t have to be a hands-on manager. I can be an absentee owner and still be very successful.

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 ongoing royalty fee.

10. Once I open my franchise, I’ll be able to run things the way I want to.

Operating Assistance

  • The franchisor provides a range of operating services including site selection, bulk purchasing of equipment, and inventory.
  • Other areas of assistance include the use of an established, nation-wide brand

Limitations of Franching Restriction of Business Operations

  • Restricting of sales territory
  • Requiring site approval and imposing requirement on the outlet’s appearance
  • Restricting the goods/services that can be sold
  • Restricting the resale of the franchise without their permission
  • Restricting advertising and hours of operation

Evaluating Franchise Opportunities

  • Locating a Franchise Opportunity
  • Investigating the Potential Franchise

Explanation of Costs

  • Franchise fee
  • First and Last Month’s Rent
  • Leasehold Improvements
  • Equipment
  • Furniture and Fixtures
  • Signage
  • Insurance, Licences and Permits
  • Training
  • Initial Inventory
  • Working Capital
  • Royalty

Global Franchising Opportunities

  • Historically, many Canadian franchisors have expanded into the United States.
  • Canadian franchising enterprises are now expanding into countries beyond North America.

Investigating the Franchise Candidate

Three sources of information:
  • Independent third party sources
  • Franchisors
  • Existing and previous franchisees

Selling a Franchise

Why would a businessperson wish to become a franchisor? Three benefits can be identified:
  1. Reduction of capital requirements
  2. Increase in management motivation
  3. Speed of expansion


Drawbacks associated with franchising from the franchisor’s perspective.

  1. Reduction in control
  2. Sharing of profits
  3. Increase in operating support

Advantages of the Franchising System


There are countless benefits to becoming a Franchisee, which is why Franchising is one of the fastest-growing sectors of the Australian economy. Here is a short list of 18 advantages of Franchising over stand-alone forms of small business:


  1. The Franchisor provides detailed training.

  2. The Franchisee has the incentive of owning their own business with the additional benefit of continuing assistance from the
    Franchisor.

  3. The Franchisee benefits from operating under the name and reputation (brand image) of the Franchisor, which is already well established in the mind and eye of the public.

  4. The Franchisee will usually need less capital than they would if they were setting up a business independently because the Franchisor, through their pilot operations and buying power, will have eliminated unnecessary expense.

  5. The Franchisor provides the advice and/or help in identifying suitable trading locations or operating territories for the Franchisee.

  6. The Franchisor helps the Franchisee obtain occupation rights to the trading location, comply with planning (zoning) laws, prepare plans for layouts, shopfitting and refurbishment, and provide general assistance in calculating the correct level and mix of stock for the opening launch of the business.

  7. The Franchisor trains the Franchisee (and very often, the Franchisee's staff as well) in all areas of the business such as; manufacture, preparation, accounting, business controls, marketing, promotion and merchandising.

  8. The Franchisor may negotiate better rates of finance, or more favourable conditions, for Franchisees with financial institutions.

  9. The Franchisee receives the benefit on a national scale (if appropriate) of the Franchisors advertising and promotional activities at a lower cost than if they were to attempt such marketing themselves.

  10. The Franchisee taps into the bulk purchasing power and negotiating capacity made available by the Franchisor by reason of the size of the franchised network.

  11. The Franchisee can call on the specialised and highly-skilled knowledge and experience of the Franchisor's head office organisation, while remaining self-employed in their business.

  12. The support and benefits provided by a Franchise system greatly reduce a Franchisee's business risks.

Disadvantages of the Franchising System



              1. Inevitably, the relationship between the franchisor and franchisee must involve the imposition of controls. These controls will regulate the quality of the service or products to be provided or sold by the franchisee to the consumer. It has been mentioned previously that the franchisee will own his/her own business. However, the business which they own is one which they are licensed to carry out in accordance with the terms of their contract. They must accept that in return for the advantages enjoyed by them, by virtue of their association with the franchisor and all the other franchisees, control of quality and standards is essential.
              Each bad franchisee has an adverse effect, not only on his own business, but indirectly on the whole of the franchised chain and as such, all other franchisees. The franchisor, will, therefore, impose standards and demand that they are maintained so that the maximum benefit is derived by his franchisee (and indirectly the whole of the franchised chain) from the operation of the franchisee's business.
              This is not to say that the franchisee will not be able to make any contribution, or to impose their own personality on their business. Most franchisors do encourage their franchisees to make contributions to the development of the business of the franchised chain which their individual talent and qualities permit.


              2. The franchisee will have to pay the franchisor for the services provided and for the use of the system, i.e. the initial franchise fee and continuing franchise fees.


              3. The prospective franchisee may find it difficult to assess the quality of the franchisor. This factor must be weighed very carefully by the potential franchisee for it can affect the franchisee in two ways.
              A. Firstly, the franchisor's offer of a business-format package may not amount to what it appears to be on the surface.


              B. Secondly, the franchisor may be unable to maintain the continuing services which the franchisee is likely to need in order to sustain their business. These aspects will be discussed in detail in a later chapter.


              4. The franchise contract will contain some restrictions against the sale or transfer of the franchised business. This is clear inhibition of the franchisee's ability to deal with their own business but, as with most of the restrictions, there is a proper reason for it. This provision is in the contract because the franchisor will have already been most meticulous in their choice of the franchisee as the original holder of the franchise for this particular outlet. Why then should they be any less meticulous in their approval of a replacement? Naturally, they will want to be satisfied that any successor to the original franchisee is equally suitable for that purpose.
              In practice, there is normally very little difficulty in the achievement of successful assignments of the franchised business. Some agreements provide for the payment of fees to the franchisor to cover the costs of dealing with applications and training the new, replacement franchisees.


              5. Franchisees may find themselves becoming too dependent upon the franchisor and fail to produce the personal drive which the system provides. Some franchisees lose their perspective. They delude themselves into believing that the franchisor has a duty to be so involved with their particular business to ensure that it has a flow of customers, and to provide a day-to-day involvement, which is inconsistent with franchising as a concept.


              6. The franchisor's policies may affect the franchisee's profitability. For example, the franchisor may wish to see his franchisee build up to a higher turnover from which he gets his continuing franchise fee, while the franchisee may be more concerned with increasing his profitability, which does not always necessarily follow from increased turnover.


              7. The franchisor may make mistakes in their policies. They may arrive at decisions, relating to innovations in the business, which turn out to be unsuccessful and detrimental to the franchisee. This is why franchisors are always urged to market test innovations thoroughly in their own company-owned outlets, and to be able to demonstrate to franchisees the cost effectiveness of introducing new ideas.


              8. The good name of the franchised business and its brand image may become less reputable for reasons beyond their own control.




            Factors That Make a Franchise Appealing


            • Unique concept or marketing approach

            • Profitability

            • Registered trademark

            • Business system that works

            • Solid training program

            • Affordability

            • Positive relationship with franchisees

            Trends Shaping Franchising

            • Changing face of franchisees

            • International opportunities

            • Smaller, nontraditional locations

            • Conversion franchising

            • Multiple-unit franchising

            • Master franchising

            • Piggybacking (Combination franchising)

            • Serving baby boomers

            The Right Way to Buy a Franchise


            • Evaluate yourself – What do you like and dislike?

            • Research your market.

            • Consider your franchise options.

            • Get a copy of the franchiser’s Uniform Franchise Offering Circular (UFOC) and read it.

            • Talk to existing franchisees.

            • Ask the franchiser some tough questions.

            • Make your choice.

            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.

            • Promises of future earnings with no documentation.

            • High franchisee turnover or termination rate.

            • Unusual amount of litigation by franchisees.

            • Attempts to discourage your attorney from evaluating the contract before signing it.

            • No written documentation.

            • A 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.