It is so tempting for a franchisor to only tout what they do well, the good decisions they have made and the incredible systems they have built. Although it may sound counterintuitive, a big part of the value of experienced brands comes from all the things they didn’t do well over the years. Franchising works because new franchisees build their business on the shoulders of those who came before them. By Tom Spadea
The Corporate Transparency Act (CTA) has created an obligation for all businesses to file with the federal government information on who owns and controls every company currently in existence or to confirm they are exempt from filing. By Tom Spadea
Most new franchisors spend a tremendous amount of time, money and energy on how to sign up the greatest number of franchisees in the shortest amount of time. Everyone wants to get into high gear right out of the gate. Starvation is one of the biggest fears and motivators for a new franchisor who has just spent months or even years and perhaps well over $100,000 to launch their franchise system. By Tom Spadea
Absolutely! If you make $100 in profit, that $100 on the open market is worth the multiple of the earnings in the business it is generated. If you pay that $100 in royalties to the franchisor, that $100 becomes an expense to your operating unit and profit to the franchisor. By Tom Spadea
My partners and I have launched hundreds of new franchise systems over the years. One of the most difficult conversations we often must have with a new franchisor is telling them that they don’t have a protectable brand name, or that their brand name is owned by someone else. By Tom Spadea
As the old saying goes, ‘The best time to plant a tree was 20 years ago. The second best time is now.’ Many emerging and startup franchisors hold off on collecting their brand fund fees because they don’t have a plan for the money, and they are still getting used to being franchisors. Brands that put off collecting it when they start, struggle with the implementation of the brand fund on franchisees who have been in the system for years and have grown accustomed to not paying into the fund. It can become a very difficult and politically sensitive issue to start charging after years of never charging. By Tom Spadea
As a franchise attorney who has launched hundreds of brands over the last decade, I get asked this question a lot by people exploring whether they want to franchise and those who have launched a brand but have struggled to get traction. There are key business attributes that make a business “franchisable”, however, the first question is more about the founder than the fundamentals of the business. Are you ready and able to be a good franchisor? By Tom Spadea
I was asked by a franchisor client the other day what they should do if they had three good candidates for the same territory. What a great problem to have for sure and, in fact, I wouldn’t even really define it as a problem. By Tom Spadea
At some point, everyone involved in franchise development is going to be asked this question by a prospect. It is not unreasonable for a prospective franchisee to want to know the answer. By Tom Spadea
At the risk of really getting into the weeds on a very narrow issue, when was the last time you gave any serious thought to the term length in your franchise agreement? By Tom Spadea