Founders of franchise systems spend time, treasure and pain to get their system to the point that it has significant enterprise value. Many have a numerical goal for that value and a timeline for when they want to harvest their years of hard work. By Tom Spadea
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
As a franchise attorney, I have witnessed some clients go from a few locations to hundreds in a surprisingly short amount of time. All of them have strong brand name, great unit economics and solid systems, but the primary factor that seems to set them apart is the quality of teaching, advice and coaching the franchisor furnishes to its franchisees. By Tom Spadea
Franchising is about creating a community of business owners working out of the same system and sharing the same goals, metrics, brand, system, etc. It is franchise malpractice to not have your franchisees reporting their numbers in a uniform way, which starts with a standard chart of accounts for your franchisees. If you don’t have a standard chart of accounts, then how do your franchisees know what winning looks like? By Tom Spadea
It’s that time again, when most franchisors start to think about updating their Franchise Disclosure Document (FDD) for next year. Around the time this article gets published in early December, if you are a franchisor client of ours, you should be receiving your first “FDD Renewal Reminder” email. By Tom Spadea
For many of our clients, especially founders who have built their original business from the ground up, delegating decisions and authority is a constant struggle. It’s understandable, as the founders have historical and intimate knowledge of the brand and want to continue to shape and mold it as it grows. By Tom Spadea
Seems like a simple enough question. However, I think many franchisors forget they are in two businesses. One is the underlying subject-matter expert on the service provided to consumers, such as a restaurant, gym, roofing, and so on. But the second, and increasingly more important as your system grows, is the business of franchising. By Tom Spadea
Many of our early-stage emerging franchisor clients have been getting calls from private equity groups looking to make an investment. The reaction ranges from skeptical: “What would private equity want with me?” to irrational exuberance. A middle approach is warranted. The key is to understand the rationale of the caller. By Tom Spadea
As the old saying goes, the best time to plant a tree was 20 years ago. The next best time is today. 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. By Tom Spadea
Effective communication is not just about what is said or written, but how well it is heard, understood, and retained. As a franchise lawyer, we spend many hours with our clients, trying to turn their business model and vision into readable, unambiguous, and enforceable agreements. By Tom Spadea