HOW TO MAINTAIN THE DOCUMENTATION WORK ON YOUR NEXT FRANCHISEE?
May 18, 2022
It's important for everyone to know what a franchise is. Let's get to know what a franchise is then get to know how to maintain documentation of all the franchises that are endeavoured.
A franchise is a close collaboration between a franchisor and a franchisee. The franchisor is the main business that sells the right to use its name and idea. The franchisee gets this right to sell the franchisor's products or other services under an existing form of business model and trademark.
Why should a person document their Franchisee?
A franchise agreement is a legal agreement that is binding on both the franchisor and the franchisee. The contract details the franchisor’s expectations from what the franchisee expects, how the business must be operated, and so on. It is an agreement where the franchisor (business) consents to grant the enterprise name or company system to the franchisee (individual or entity) to be used for convenience.
This document outlines comprehensive information about the duties of both parties involved in the agreement between the franchisor and the franchisee and is designed to enable the potential franchisee to make true and informed decisions about their investment in the business venture. The document clearly states how the investment will work in existence for the potential franchisee, which is tricky because a franchise is a different type of investment or business.
A franchise acts like a license that a party (the franchisee) requires to allow them to have access to a business's (the franchisor) proprietary knowledge, trademarks, and processes. This gives the franchisee the ability to sell a product or provide a service under the franchisor's name. In exchange for gaining the franchise, the franchisee usually pays the franchisor the initial start-up and annual licensing fees.
The franchisor also helps the franchisee with finding a location, training, and advice on the management, marketing, or personnel.
How to maintain the documentation work on the franchisee:
1. Choose the brand carefully:
Analysing from the perspective of an average middle-class franchise store customer, a majority of people buy the brand and do not purchase from the perspective of the product. Choosing which franchise to invest in is a major decision that one should take after doing all the research work one can do. Buying a big franchise might help you to reduce the marketing cost, but at the same time, the penalty to be paid is also high. Hence, one should be careful when choosing a franchise.
2. Talk to the previous franchise owner:
This is a necessary condition that is to be done before investing in any franchise. The franchisees who have previously invested in the same franchise can tell about the actual reality and the relationship between franchisor and franchisee in the franchise business that they have experienced. What was their marketing strategy during their tenure? How did they employ people for their business? The reason for the previous franchisee to exit from the brand? (The reason they have to leave the franchise). These queries should be answered before buying any franchise.
3. Get professional advice from lawyers:
An expert from the field of law and also an expert from the field of accountancy, with prior experience with franchisee clients, can educate you thoroughly about various aspects of the business in which the franchisee is about to invest. Getting things on paper or documents is a must before entering into any franchise business. The Franchisee agreement should be drafted by the well-versed lawyers. If you are the one paying for the franchisee, then it is of paramount importance that the one should get it reviewed and negotiated through a competent lawyer who has domain experience.
The franchise disclosure document (FDD) gives a clear picture of how the business relationship between the franchisee and franchisor will be conducted throughout the tenure.
Franchises can also be very different in the support that they offer in return for the licensing fees.
The franchise disclosure document acts as a critical source of information when evaluating whether to become a franchisee, and the FTC has made the document a legal requirement for the relationship between the two parties.