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Consumers Guide to Buying A Franchise
Introduction
Many people dream of being an entrepreneur.
By purchasing a franchise, you often can sell
goods and services that have instant name recognition
and can obtain training and ongoing support
to help you succeed. But be cautious. Like any
investment, purchasing a franchise is not a
guarantee of success.
The Benefits and Responsibilities of Franchise
Ownership
To help you evaluate whether owning a franchise
is right for you, the Federal Trade Commission
has prepared this booklet. It will help you
understand your obligations as a franchise owner,
how to shop for franchise opportunities, and
how to ask the right questions before you invest.
A franchise typically enables you, the investor
or "franchisee," to operate a business.
By paying a franchise fee, which may cost several
thousand dollars, you are given a format or
system developed by the company ("franchiser"),
the right to use the franchiser's name for a
limited time, and assistance. For example, the
franchiser may help you find a location for
your outlet; provide initial training and an
operating manual; and advise you on management,
marketing, or personnel. Some franchisers offer
ongoing support such as monthly newsletters,
a toll free 800 telephone number for technical
assistance, and periodic workshops or seminars.
While buying a franchise may reduce your investment
risk by enabling you to associate with an established
company, it can be costly. You also may be required
to relinquish significant control over your
business, while taking on contractual obligations
with the franchiser
Below is an outline of several components of
a typical franchise system. Consider each carefully.
The Cost
In exchange for obtaining the right to use the
franchiser's name and its assistance, you may
pay some or all of the following fees.
Initial franchise fee and other expenses. Your initial franchise fee, which may be non-refundable,
may cost several thousand to several hundred
thousand dollars. You may also incur significant
costs to rent, build, and equip an outlet and
to purchase initial inventory. Other costs include
operating licenses and insurance. You also may
be required to pay a "grand opening"
fee to the franchiser to promote your new outlet.
Continuing royalty payments. You
may have to pay the franchiser royalties based
on a percentage of your weekly or monthly gross
income. You often must pay royalties even if
your outlet has not earned significant income
during that time. In addition, royalties usually
are paid for the right to use the franchiser's
name. So even if the franchiser fails to provide
promised support services, you still may have
to pay royalties for the duration of your franchise
agreement.
Advertising fees. You may have
to pay into an advertising fund. Some portion
of the advertising fees may go for national
advertising or to attract new franchise owners,
but not to target your particular outlet.
Controls
To ensure uniformity, franchisers typically
control how franchisees conduct business. These
controls may significantly restrict your ability
to exercise your own business judgment. The
following are typical examples of such controls.
Site approval. Many franchisers
pre-approve sites for outlets. This may increase
the likelihood that your outlet will attract
customers. The franchiser, however, may not
approve the site you want.
* design or appearance standards. Franchisers
may impose design or appearance standards to
ensure customers receive the same quality of
goods and services in each outlet. Some franchisers
require periodic renovations or seasonal design
changes. Complying with these standards may
increase your costs.
Restrictions on goods and services offered
for sale. Franchisers may restrict the
goods and services offered for sale. For example,
as a restaurant franchise owner, you may not
be able to add to your menu popular items or
delete items that are unpopular. Similarly,
as an automobile transmission repair franchise
owner, you might not be able to perform other
types of automotive work, such as brake or electrical
system repairs.
Restrictions on method of operation. Franchisers may require you to operate in a
particular manner. The franchiser might require
you to operate during certain hours, use only
pre-approved signs, employee uniforms, and advertisements,
or abide by certain accounting or bookkeeping
procedures. These restrictions may impede you
from operating your outlet as you deem best.
The franchiser also may require you to purchase
supplies only from an approved supplier, even
if you can buy similar goods elsewhere at a
lower cost.
Restrictions of sales area. Franchisers
may limit your business to a specific territory.
While these territorial restrictions may ensure
that other franchisees will not compete with
you for the same customers, they could impede
your ability to open additional outlets or move
to a more profitable location.
Terminations and Renewal
You can lose the right to your franchise if
you breach the franchise contract. In addition,
the franchise contract is for a limited time;
there is no guarantee that you will be able
to renew it.
Franchise terminations. A franchiser
can end your franchise agreement if, for example,
you fail to pay royalties or abide by performance
standards and sales restrictions. If your franchise
is terminated, you may lose your investment.
Renewals. Franchise agreements
typically run for 15 to 20 years. After that
time, the franchiser may decline to renew your
contract. Also be aware that renewals need not
provide the original terms and conditions. The
franchiser may raise the royalty payments, or
impose new design standards and sales restrictions.
Your previous territory may be reduced, possibly
resulting in more competition from company-owned
outlets or other franchisees.
Before Selecting a Franchise System
Before investing in a particular franchise system,
carefully consider how much money you have to
invest, your abilities, and your goals. The
following checklist may help you make your decision.
Your Investment
* How much money do you have to invest?
* How much money can you afford to lose?
* Will you purchase the franchise by yourself
or with partners?
* Will you need financing and, if so, where
can you obtain it?
* Do you have a favorable credit rating?
* Do you have savings or additional income to
live on while starting your franchise?Your Abilities
* Does the franchise require technical experience
or relevant education, such as auto repair,
home and office decorating, or tax preparation?
* What skills do you have? Do you have computer,
bookkeeping, or other technical skills?
* What specialized knowledge or talents can
you bring to a business?
* Have you ever owned or managed a business?Your
Goals
* What are your goals?
* Do you require a specific level of annual
income?
* Are you interested in pursuing a particular
field?
* Are you interested in retail sales or performing
a service?
* How many hours are you willing to work?
* Do you want to operate the business yourself
or hire a manager?
* Will franchise ownership be your primary source
of income or will it supplement your current
income?
* Would you be happy operating the business
for the next 20 years?
* Would you like to own several outlets or only
one?
Selecting a Franchise
Like any other investment, purchasing a franchise
is a risk. When selecting a franchise, carefully
consider a number of factors, such as the
demand for the products or services, likely
competition, the franchiser's background,
and the level of support you will receive.
Demand
Is there a demand for the franchiser's products
or services in your community? Is the demand
seasonal? For example, lawn and garden care
or swimming pool maintenance may be profitable
only in the spring or summer. Is there likely
to be a continuing demand for the products
or services in the future? Is the demand likely
to be temporary, such as selling a fad food
item? Does the product or service generate
repeat business?
Competition
What is the level of competition, nationally
and in your community? How many franchised
and company-owned outlets does the franchiser
have in your area? How many competing companies
sell the same or similar products or services?
Are these competing companies well established,
with wide name recognition in your community?
Do they offer the same goods and services
at the same or lower price?
Your Ability to Operate the Business
Sometimes, franchise systems fail. Will you
be able to operate your outlet even if the
franchiser goes out of business? Will you
need the franchiser's ongoing training, advertising,
or other assistance to succeed? Will you have
access to the same or other suppliers? Could
you conduct the business alone if you must
lay off personnel to cut costs?
Name Recognition
A primary reason for purchasing a franchise
is the right to associate with the company's
name. The more widely recognized the name,
the more likely it will draw customers who
know its products or services. Therefore,
before purchasing a franchise, consider:
* The company's name and how widely recognized
it is. -- If it has a registered trademark.
* How long the franchiser has been in operation.
* If the company has a reputation for quality
products or services.
* If consumers have filed complaints against
the franchise with the Better Business Bureau
or a local consumer protection agency. Training
and Support Services
Another reason for purchasing a franchise
is to obtain support from the franchiser
What training and ongoing support does the
franchiser provide? How does their training
compare with the training for typical workers
in the industry? Could you compete with others
who have more formal training? What backgrounds
do the current franchise owners have? Do they
have prior technical backgrounds or special
training that helps them succeed? Do you have
a similar background?
Franchiser's Experience
Many franchisers operate well-established
companies with years of experience both in
selling goods or services and in managing
a franchise system. Some franchisers started
by operating their own business. There is
no guarantee, however, that a successful entrepreneur
can successfully manage a franchise system.
Carefully consider how long the franchiser
has managed a franchise system. Do you feel
comfortable with the franchiser's expertise?
If franchisers have little experience in managing
a chain of franchises, their promises of guidance,
training, and other support may be unreliable.
Growth
A growing franchise system increases the franchiser's
name recognition and may enable you to attract
customers. Growth alone does not ensure successful
franchisees; a company that grows too quickly
may not be able to support its franchisees
with all the promised support services. Make
sure the franchiser has sufficient financial
assets and staff to support the franchisees. Shopping
at a Franchise Exposition.
Attending a franchise exposition allows you
to view and compare a variety of franchise
possibilities. Keep in mind that exhibitors
at the exposition primarily want to sell their
franchise systems. Be cautious of salespersons
who are interested in selling a franchise
that you are not interested in.
Before you attend, research what type of franchise
best suits your investment limitations, experience,
and goals. When you attend, comparison shop
for the opportunity that best suits your needs
and ask questions.
Know How Much You Can Invest
An exhibitor may tell you how much you can
afford to invest or that you can't afford
to pass up this opportunity. Before beginning
to explore investment options, consider the
amount you feel comfortable investing and
the maximum amount you can afford.
Know What Type of Business is Right for
You
An exhibitor may attempt to convince you that
an opportunity is perfect for you. Only you
can make that determination. Consider the
industry that interests you before selecting
a specific franchise system. Ask yourself
the following questions:
* Have you considered working in that industry
before?
* Can you see yourself engaged in that line
of work for the next twenty years? Do you
have the necessary background or skills?
If the industry does not appeal to you or
you are not suited to work in that industry,
do not allow an exhibitor to convince you
otherwise. Spend your time focusing on those
industries that offer a more realistic opportunity.
Comparison Shop
Visit several franchise exhibitors engaged
in the type of industry that appeals to you.
Listen to the exhibitors' presentations and
discussions with other interested consumers.
Get answers to the following questions:
* How long has the franchiser been in business?
* How many franchised outlets currently exist?
Where are
they located?
* How much is the initial franchise fee and
any additional start-up costs? Are there any
continuing royalty payments? How much?
* What management, technical, and ongoing
assistance does the franchiser offer?
* What controls does the franchiser impose?Exhibitors
may offer you prizes, free samples, or free
dinners if you attend a promotional meeting
later that day or over the next week to discuss
the franchise in greater detail. Do not feel
compelled to attend. Rather, consider these
meetings as one way to acquire more information
and to ask additional questions. Be prepared
to walk away from any promotion if the franchise
does not suit your needs.
Get Substantiation for Any Earnings Representations
Some franchisers may tell you how much you
can earn if you invest in their franchise
system or how current franchisees in their
system are performing. Be careful. The FTC
requires that franchisers who make such claims
provide you with written substantiation. This
is explained in more detail in the section
"Investigating Franchise Offers."
Make sure you ask for and obtain written substantiation
for any income projections, or income or profit
claims. If the franchiser does not have the
required substantiation, or refuses to provide
it to you, consider its claims to be suspect.
Take Notes
It may be difficult to remember each franchise
exhibit. Bring a pad and pen to take notes.
Get promotional literature that you can review.
Take the exhibitors' business cards so you
can contact them later with any additional
questions.
Avoid High Pressure Sales Tactics
You may be told that the franchiser's offering
is limited, that there is only one territory
left, or that this is a one-time reduced franchise
sales price. Do not feel pressured to make
any commitment.
Legitimate franchisers expect you to comparison
shop and to investigate their offering. A
good deal today should be available tomorrow.
Study the Franchiser's Offering
Do not sign any contract or make any payment
until you have the opportunity to investigate
the franchiser's offering thoroughly. As will
be explained further in the next section,
the FTC's Franchise Rule requires the franchiser
to provide you with a disclosure document
containing important information about the
franchise system. Study the disclosure document.
Take time to speak with current and former
franchisees about their experiences. Because
investing in a franchise can entail a significant
investment, you should have an attorney review
the disclosure document and franchise contract
and have an accountant review the company's
financial disclosures.
Investigating Franchise Offerings
Before investing in any franchise system,
be sure to get a copy of the franchiser's
disclosure document. Sometimes this document
is called a Franchise Offering Circular. Under
the FTC's Franchise Rule, you must receive
the document at least 10 business days before
you are asked to sign any contract or pay
any money to the franchiser You should read
the entire disclosure document. Make sure
you understand all of the provisions. The
following outline will help you to understand
key provisions of typical disclosure documents.
It also will help you ask questions about
the disclosures. Get a clarification or answer
to your concerns before you invest.
Business Background
The disclosure document identifies the executives
of the franchise system and describes their
prior experience. Consider not only their
general business background, but their experience
in managing a franchise system. Also consider
how long they have been with the company.
Investing with an inexperienced franchiser
may be riskier than investing with an experienced
one.
Litigation History
The disclosure document helps you assess the
background of the franchiser and its executives
by requiring the disclosure of prior litigation.
The disclosure document tells you if the franchiser,
or any of its executive officers, has been
convicted of felonies involving, for example,
fraud, any violation of franchise law or unfair
or deceptive practices law, or are subject
to any state or federal injunctions involving
similar misconduct. It also will tell you
if the franchiser, or any of its executives,
has been held liable or settled a civil action
involving the franchise relationship. A number
of claims against the franchiser may indicate
that it has not performed according to its
agreements, or, at the very least, that franchisees
have been dissatisfied with the franchiser's
performance. Be aware that some franchisers
may try to conceal an executive's litigation
history by removing the individual's name
from their disclosure documents.
Bankruptcy
The disclosure document tells you if the franchiser
or any of its executives have recently been
involved in a bankruptcy. This will help you
to assess the franchiser's financial stability
and general business acumen and predict if
the company is financially capable of delivering
promised support services.
Costs
The disclosure document tells you the costs
involved to start one of the company's franchises.
It will describe any initial deposit or franchise
fee, which may be non-refundable, and costs
for initial inventory, signs, equipment, leases,
or rentals. Be aware that there may be other
undisclosed costs.
The following checklist will help you ask
about potential costs to you as a franchisee.
* Continuing royalty payments.
* Advertising payments, both to local and
national advertising funds.
* Grand opening or other initial business
promotions.
* Business or operating licenses.
* Product or service supply costs.
* Real estate and leasehold improvements.
* Discretionary equipment such as a computer
system or business alarm system.
* Training.
* Legal fees.
* Financial and accounting advice.
* Insurance.
* Compliance with local ordinances, such as
zoning, waste removal, and fire and other
safety codes.
* Health insurance.
* Employee salaries and benefits.It may take
several months or longer to get your business
started. Consider in your total cost estimate
operating expenses for the first year and
personal living expenses for up to two years.
Compare your estimates with what other franchisees
have paid and with competing franchise systems.
Perhaps you can get a better deal with another
franchiser An accountant can help you to
evaluate this information.
Restrictions
Your franchiser may restrict how you operate
your outlet. The disclosure document tells
you if the franchiser limits:
* The supplier of goods from whom you may
purchase.
* The goods or services you may offer for
sale.
* The customers to whom you can offer goods
or services.
* The territory in which you can sell goods
or services. Understand that restrictions such
as these may significantly limit your ability
to exercise your own business judgment in
operating your outlet.
Terminations
The disclosure document tells you the conditions
under which the franchiser may terminate your
franchise and your obligations to the franchiser
after termination. It also tells you the conditions
under which you can renew, sell, or assign
your franchise to other parties.
Training and Other Assistance
The disclosure document will explain the franchiser's
training and assistance program. Make sure
you understand the level of training offered.
The following checklist will help you ask
the right questions.
* How many employees are eligible for training?
* Can new employees receive training and,
if so, is there any additional cost?
* How long are the training sessions?
* How much time is spent on technical training,
business management training, and marketing?
* Who teaches the training courses and what
are their qualifications?
* What type of ongoing training does the company
offer and at what cost?
* Whom can you speak to if problems arise?
* How many support personnel are assigned
to your area?
* How many franchisees will the support personnel
service?
* Will someone be available to come to your
franchised outlet to provide more individual
assistance?
The level of training you need depends on
your own business experience and knowledge
of the franchiser's goods and services. Keep
in mind that a primary reason for investing
in the franchise, as opposed to starting your
own business, is training and assistance.
If you have doubts that the training might
be insufficient to handle day-to-day business
operations, consider another franchise opportunity
more suited to your background.
Advertising
You often must contribute a percentage of
your income to an advertising fund even if
you disagree with how these funds are used.
The disclosure document provides information
on advertising costs.
The following checklist will help you assess
whether the franchiser's advertising will
benefit you.
* How much of the advertising fund is spent
on administrative costs?
* Are there other expenses paid from the advertising
fund?
* Do franchisees have any control over how
the advertising dollars are spent?
* What advertising promotions has the company
already engaged in?
* What advertising developments are expected
in the near future?
* How much of the fund is spent on national
advertising?
* How much of the fund is spent on advertising
in your area?
* How much of the fund is spent on selling
more franchises?
* Do all franchisees contribute equally to
the advertising fund?
* Do you need the franchiser's consent to
conduct your own advertising?
* Are there rebates or advertising contribution
discounts if you conduct your own advertising?
* Does the franchiser receive any commissions
or rebates when it places advertisements?
Do franchisees benefit from such commissions
or rebates, or does the franchiser profit
from them?
Current and Former Franchisees
The disclosure document provides important
information about current and former franchisees.
Determine how many franchises are currently
operating. A large number of franchisees in
your area may mean increased competition.
Pay attention to the number of terminated
franchisees. A large number of terminated,
cancelled, or non-renewed franchises may indicate
problems. Be aware that some companies may
try to conceal the number of failed franchisees
by repurchasing failed outlets and then listing
them as company-owned outlets.
If you buy an existing outlet, ask the franchiser
how many owners operated that outlet and over
what period of time. A number of different
owners over a short period of time may indicate
that the location is not a profitable one,
or that the franchiser has not supported that
outlet with promised services.
The disclosure document gives you the names
and addresses of current franchisees and franchisees
who have left the system within the last year.
Speaking with current and former franchisees
is probably the most reliable way to verify
the franchiser's claims. Visit or phone as
many of the current and former franchisees
as possible. Ask them about their experiences.
See for yourself the volume and type of business
being done.
The following checklist will help you ask
current and former franchisees such questions
as:
* How long has the franchisee operated the
franchise?
* Where is the franchise located?
* What was their total investment?
* Were there any hidden or unexpected costs?
* How long did it take them to cover operating
costs and earn a reasonable income?
* Are they satisfied with the cost, delivery,
and quality of the goods or services sold?
* What were their backgrounds prior to becoming
a franchisee?
* Was the franchiser's training adequate?
* What ongoing assistance does the franchiser
provide?
* Are they satisfied with the franchiser's
advertising program?
* Does the franchiser fulfill its contractual
obligations?
* Would the franchisee invest in another outlet?
* Would the franchisee recommend the investment
to someone with your goals, income requirements,
and background? Be aware that some franchisers
may give you a separate reference list of
selected franchisees to contact. Be careful.
Those on the list may be individuals who are
paid by the franchiser to give a good opinion
of the company.
Earnings Potential
You may want to know how much money you can
make if you invest in a particular franchise
system. Be careful. Earnings projections can
be misleading. Insist upon written substantiation
for any earnings projections or suggestions
about your potential income or sales.
Franchisers are not required to make earnings
claims, but if they do, the FTC's Franchise
Rule requires franchisers to have a reasonable
basis for these claims and to provide you
with a document that substantiates them. This
substantiation includes the bases and assumptions
upon which these claims are made. Make sure
you get and review the earnings claims document.
Consider the following in reviewing any earnings
claims.
Sample Size. A franchiser may
claim that franchisees in its system earned,
for example, $50,000 last year. This claim
may be deceptive, however, if only a few franchisees
earned that income and it does not represent
the typical earnings of franchisees. Ask how
many franchisees were included in the number.
Average Incomes. A franchiser
may claim that the franchisees in its system
earn an average income of, for example, $75,000
a year. Average figures like this tell you
very little about how each individual franchisee
performs. Remember, a few, very successful
franchisees can inflate the average. An average
figure may make the overall franchise system
look more successful than it actually is.
Gross Sales. Some franchisers
provide figures for the gross sales revenues
of their franchisees. These figures, however,
do not tell you anything about the franchisees'
actual costs or profits. An outlet with a
high gross sales revenue on paper actually
may be losing money because of high overhead,
rent, and other expenses.
Net Profits. Franchisers often
do not have data on net profits of their franchisees.
If you do receive net profit statements, ask
whether they provide information about company-owned
outlets. Company-owned outlets might have
lower costs because they can buy equipment,
inventory, and other items in larger quantities,
or may own, rather than lease their property.
Geographic Relevance. Earnings
may vary in different parts of the country.
An ice cream store franchise in a southern
state, such as Florida, may expect to earn
more income than a similar franchise in a
northern state, such as Minnesota. If you
hear that a franchisee earned a particular
income, ask where that franchisee is located.
Franchisee's Background. Keep in mind
that franchisees have varying levels of skills
and educational backgrounds. Franchisees with
advanced technical or business backgrounds
can succeed in instances where more typical
franchisees cannot. The success of some franchisees
is no guarantee that you will be equally successful.
Financial History
The disclosure document provides you with
important information about the company's
financial status, including audited financial
statements. Be aware that investing in a financially
unstable franchiser is a significant risk;
the company may go out of business or into
bankruptcy after you have invested your money.
Hire a lawyer or an accountant to review the
franchiser's financial statements. Do not
attempt to extract this important information
from the disclosure document unless you have
considerable background in these matters.
Your lawyer or accountant can help you understand
the following.
* Does the franchiser have steady growth?
* Does the franchiser have a growth plan?
* Does the franchiser make most of its income
from the sale of franchises or from continuing
royalties?
* Does the franchiser devote sufficient funds
to support its franchise system.
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