Transforming Your Business Through Expert Franchise Development
Franchising is a structured system and business relationship where a franchisor grants a franchisee the rights to operate under a shared brand name. Under this business relationship, in return for initial and ongoing fees, franchisees gains access to the franchisor's brand, business model, trademarks, products, systems, and other associated resources (the business “formula” ).
While the franchisor and franchisee are separate organizations, they do share standardization of work processes (for services provided) and standardization of norms (for the business style). Additionally, the franchisor does have direct supervision rights (the franchisor monitors the behaviour of the franchisee in order to protect the value of the brand name).
Trademark use: This criteria is satisfied when a good or service that is sold or offered by the “franchisee” is associated with the trademark. The “trademark” does not have to be a registered mark, but it is strongly advised that it is. It could be a trade name or a service mark too.
Payment of a Fee: Fee’s represent any and all payments made by a franchisee to the franchisor (royalty, training, marketing, equipment, etc.) The FTC Rule set the base payment at $500. However, some states have enacted laws that have payment ranges from $100 to $1000 for the life of the arrangement.
Control: Exertion of “significant” control over the business, to include providing ongoing assistance or even providing a marketing plan for the sale or distribution of products or services. Basically, a “franchisee’s” reliance on the “franchisor” for business expertise on how to operate the business to reduce risk is considered control.
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