Sunday, April 6, 2014

Franchising in Good Faith, Reforms and Disputes

Franchise reforms could reduce disputes between entrepreneurs and chains

Published 03 April 2014 11:16, Updated 06 April 2014 21:30
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Franchise reforms could reduce disputes between entrepreneurs and chains
Wendy’s ice creams Photo: John Woudstra
A former franchisee in a $1 million legal dispute with the Wendy's ice cream chain says the Abbott government’s new franchising code of conduct will help provide security to franchisees.
Former franchisee Peter Coventry has been in mediation with Wendy's this week over the closure of his two stores. He said good franchisors should not fear a new requirement for them and franchisees to act in “good faith”. “It sends the right message to big franchisors that there will be consequences for acting in bad faith and this has been sadly lacking in franchising over the past 15 years,” Coventry says.
But the sector’s industry body, the Franchise Council of Australia, which represents franchisors and franchisees in the $131 billion sector, has warned a new definition of “good faith” in proposed franchise laws could led to increased legal disputes.
Franchisor companies could be fined up to $51,000 for serious breaches of the new code and the new “good faith” clause has been included in the hope of ensuring both parties act honestly, co-operatively and not arbitrarily, Small Business Minister Bruce Billson announced on Wednesday.
The franchise system has had bad publicity recently, with franchisees in disputes with large chains such as Wendy's, Hungry Jack’s and Pie Face.
Wendy's chief executive Rob McKay welcomes the changes to the code.
“Anything that encourages and facilitates channels through which the franchisor and franchisees can work well together is good for business,” McKay says. “Wendy's has been through a detailed mediation process with Peter Coventry over an extended period and will continue to do whatever is required to protect our brand in the best interests of our network.”
This week the Country Court of Victoria has heard evidence in a long-running legal stoush between Hungry Jack’s and failed franchisee Toni Collins. The fast food chain is suing Collins for $721,000 but Collins has lodged a countersuit for $350,000 for “unconscionable and unfair conduct”.

Defining good faith

Franchise Council of Australia deputy chairman Stephen Giles says the council was happy with the government’s proposed changes but the issue of good faith was a problem.
He said consultation between government and the industry had agreed on a common law duty of good faith that parties act honestly but the exposure draft instead included a new statutory duty of good faith defined as acting “not arbitrarily” or against the “purposes of the franchise agreement”.
The FCA initially rejected recommendation to introduce an obligation to act in good faith because it could lead to uncertainty and extra costs, but eventually agreed to a common law definition of good faith in order to secure a nationally consistent approach to regulation of the franchise sector.
Giles says the civil penalties of up to $51,000 through the court, and up to $8500 for infringement notices without court action, were “sensible dollar amounts”, because “they are not in the millions for mostly small businesses”.
Giles says the FCA was persuaded by the ACCC’s assurance the penalties would be used to stop “fly by night” franchise operations and scammers. “We think its a pragmatic solution.”
Council of Small Business of Australia chief executive Peter Strong says the proposed changes were positive but “I would have liked to see the penalties to be higher”. “Some of the bigger franchisors could just cop a fine to get rid of problem franchisees but of course, it would have to go to court so everybody would find out about it.”
“There are good franchisors and bad franchisors, just like there are good and bad franchisees, and the good ones shouldn’t have anything to worry about.” Strong nominated McDonald’s as a good franchisor. “If you, as a McDonalds franchisee, don’t make at least $150,000 a year, they will send in a team to work out why.”

Do Franchisees Really Ouperform Corporate Stores?


Do Franchisees Really Outperform Corporate Stores?

Written by Ken Gaebler
Published: 4/3/2014
Recent study tests the belief that privately owned franchises are more successful than locations that are owned and operated by franchisors themselves.
If you set aside franchisors' need for royalties and franchisees' need to achieve personal business ownership goals, franchise operations often boil down to a simple, but common question: Are independently owned franchise locations more effective and profitable than company-owned stores?
Company-Owned Franchise Store Locations
The issue of company ownership has ramifications for both franchisors and franchisees.
For franchisors, it can mean the difference between a business model that is primarily based on franchising and one that leans toward multi-site, company-owned operations. For franchisees, on the other hand, company ownership often translates into reduced opportunities for business expansion--typically considered one of the benefits of owning a franchise.
Historically, conventional wisdom has dictated that independently owned franchises are more successful than company-owned stores because franchisees have more at stake. If the location fails the franchisee goes belly up, while the failure of company-owned locations has less impact on individual stakeholders. In effect, the theory goes, the franchisee is an entrepreneur who cannot afford to fail, whereas the franchisor's manager is a company man who will get paid no matter what happens.
A report in the Australian franchise journal recently discussed the results of a new study by the Franchise Relationship Institute, exploring the reality behind the longstanding notion that franchisees outperform company stores--a concept that many believe is perpetuated by franchisors to make opportunities more attractive to prospective franchisees.
"Most franchisors enthusiastically talk of stores achieving an immediate lift in sales of over 20 percent when they change from being managed by the company to being operated by a franchisee," said Greg Nathan, director of research at the Franchise Relationships Institute.
In a review of more than 19 established franchise networks controlling more than 3,000 franchised and company-owned stores, the study found that when locations converted from company ownership to franchisee ownership/operation, there actually were significant improvements in sales growth, cost management and other performance categories. When businesses converted from a franchisee operation to company management, performance decreased.
But the study also discovered that clusters of well-resourced businesses within the same franchise system experienced no measurable differences in performance between franchisee and company management.
"Where a franchisor is willing to invest in solid management support and incentive systems for company stores, and the locations of these stores are strong enough to generate the sales to support this type of investment, they can perform as well or better than franchised stores," added Nathan.
While the study suggests that good management skills, rather than ownership type, is the key driver of a given location's success, there is also the question as to who gets the best locations.
There's always been a rumor that some franchisors keep the best locations for themselves and give the worst locations, the "dogs," to franchisees. This particular study didn't comment on that topic.

Saturday, April 5, 2014

Beer Franchise Laws

Beer Franchise Laws

To the Editor:
Re “Free Craft Beer!,” by Steve Hindy (Sunday Review, March 30):
Beer franchise laws benefit consumers because the laws support an independent system that generates tremendous choice. Brewers benefit because they can partner with independent distributors who invest in new brands that they market and sell to retailers across the country.
And the public benefits because franchise laws support the system that regulates and safeguards a socially sensitive product.
In 2013, craft beer grew another 18 percent. That’s an American success story facilitated by an independent distribution system. Without an independent system and franchise laws, brewers would be able to penalize independent distributors for taking on new brands.
Franchise laws allow distributors to invest capital and labor in new brands, meeting the needs of today’s consumer. These laws support an open, accountable and transparent marketplace where brewers of all sizes can compete and gain access to retailers, large and small. And within the highly competitive beer market, these laws allow for distribution agreements to be terminated for cause.
America’s beer distributors are proud to be part of today’s effective system that helps America’s craft brewers continue to experience double-digit growth each year.
CRAIG A. PURSER
President and Chief Executive
National Beer Wholesalers Association
Alexandria, Va., March 31, 2014

Monday, March 24, 2014

Demarest Brazil: Franchise And Distribution: Which Is The Right Model For Your Business Under The Brazilian Law

Except for Law No. 6729/79, which regulates the commercial concession between producers and distributors of land automotive vehicles, before 2002 there were not in Brazil specific legal rules for distributorship agreements, and they were regulated by their own terms and conditions and by the general principles of contractual law.
However, in 2002, a new Brazilian Civil Code (Law 10406/2002) was enacted, containing specific provisions related to distributorship agreements. According to the new Brazilian Civil Code, the distributor is a person who "assumes, in a non-occasional basis and without subordination, the obligation to promote, on behalf of another person and upon remuneration, certain transactions, within a given area, whereas the things to be traded must be available to such person".
On the other hand, the franchise in Brazil is ruled by a specific law, that is, the Brazilian Franchise Law (Law 8955/94), which establishes that such activity includes any system in which a franchisor licenses to a franchisee the right to use a trademark or a patent, along with the right to distribute products or services on an exclusive or semi-exclusive basis, possibly including the right to use technology or operating system for the business establishment and management, in exchange for a compensation.
Many companies have been experiencing difficulties in deciding which of such models will really meet their demands, considering the complexity of both structures and the rights and obligations involved. Also, some peculiarities that must be noted while negotiating the proper agreement, as described below.

I. FRANCHISE AGREEMENTS

Under a franchise agreement, franchisee is subordinated to franchisor's business model. In other words, franchisee must develop its activities with strict observance of the general guidelines and specific determinations of the franchisor. Nevertheless, the mentioned subordination is inherent in franchises and is not confused with employment or work subordination.
Such subordination, in general lines, consists in the franchisor's right to supervise and control the franchisee's activities to verify if all the specific demands and determinations of franchisor are being fully fulfilled. In consideration of all support, supervision and training provided by franchisor to franchisee, as well as the right to use franchisor's trademark or patent, franchise agreements usually provide for (i) a franchise fee, which is a fixed amount paid in the beginning of the negotiation; (ii) royalties fees, usually calculated according to franchisee's net sales revenue; (iii) publicity fees, also calculated based on franchisee's sales revenue; and (iv) other fees to be calculated as provided in the agreement to be entered into between the parties.
A particularity provided for in the Brazilian Franchise Law is the franchisor's obligation to provide franchisee with the document named "Franchise Circular Offer" at least ten (10) days prior to the execution of the franchise agreement or the payment of any amounts due by franchisee. Brazilian Franchise Law expressly defines the information which must be necessarily supplied in the Franchise Circular Offer, such as (i) balance sheets and financial statements of the franchisor for the two (2) preceding years; (ii) detailed description of the franchise, general description of the business and the activities that will be performed by the franchisee; (iii) estimated initial investments necessary for the acquisition, implementation and operation of the franchise, estimated affiliation fee or franchise fee, as well as estimated cost of the facilities, equipment and initial inventory and respective payment conditions; and (iv) status before the Brazilian Patent and Trademark Office ("BPTO") of trademarks and patents which franchisor will authorize franchisee to use.
Franchisor's failure to comply with such condition may cause the agreement annulment by franchisee and franchisor will be required to refund franchisee the royalties and affiliation amounts that may have been paid, plus losses and damages.
Finally, the BPTO will register the franchise agreement, for purposes of remittance of royalties, as the case may be, and for the payments associated with the agreement to be deducted by the franchisee for income tax purposes. According to Law 9279/96 (Brazilian Industrial Property Law), registration of such franchise agreements with the BPTO is also necessary for third parties to be legally bound.

II. DISTRIBUTORSHIP AGREEMENTS

On the other hand, under the distribution model, distributor generally obtains limited rights to use proprietary information, technology or trademarks of the supplier, considering that subordination and/or control over distributor's activities may be characterized by the Brazilian courts as an employment relationship. Moreover, in this model, distributor pays only for the products effectively purchased, and, consequently, no variable fee or compensation is due.
While negotiating a distributorship agreement, it should be noted that, according to the new Brazilian Civil Code, except where agreed by the parties, supplier cannot designate more than one distributor to operate at the same time in a same zone, with identical assignments, nor can the distributor assume the responsibility of doing any business of the same kind therein on behalf of other suppliers. In this regard, the new Brazilian Civil Code establishes that, except where agreed by the parties, distributor will be entitled to be paid a compensation corresponding to the transactions completed within its zone, even if without its participation.
In other words, it is presumed that the distributor's activities and zone are exclusive, differently from franchise agreements. However, a distributor is not prevented from representing several principals, nor is the principal prevented from appointing another distributor to operate in a zone previously designated, provided that the non-exclusivity is expressly provided for in the agreement.
Another particularity regarding distributorship agreements is established in the Brazilian Competition Law (Law 12529/11). According to such law, to impose, in the sales of goods or services, on distributors and retailers, resale prices, discounts, payment conditions, minimum or maximum quantities, profit margin or any other trading conditions related to their or any third parties' business is a violation of the economic order. In other words, under the Brazilian legislation, distributors are free to determine the prices for which they will sell the products to their clients and/or consumers. The Brazilian Competition Law however does not place restrictions on franchise agreements, and in such model it is usual for franchisors to determine the fees to be charged for franchisee's services or products.

III. CONCLUSION

Considering the foregoing, when deciding which model should be implemented, it should be taken into consideration:
(i) If supplier will exert full control over the other party's activities, including possibility of determination of prices and charging royalties and other variable fees, the franchise structure should be adopted. In this model, the main particularities that should be noted are: (i.1) the franchisor's obligation to provide franchisee with the "Franchise Circular Offer", on penalty of annulment of the agreement and franchisor being required to refund franchisee the royalties and affiliation amounts that have been paid, plus losses and damages; and (i.2) the registration of the agreement with the BPTO, for purposes of royalties remittance, taxes deductibility and effects on third parties; and
(ii) If supplier will not provide assistance, such as provision of business plans, materials and/or trainings, the distributorship agreement may be an adequate structure. In relation to such agreement, the particularities that should be considered when negotiating are: (ii.1) it is presumed that the distributor's activities and zone are exclusive, therefore non-exclusivity must be expressly provided for in the agreement; and (ii.2) resale prices, discounts, payment conditions, minimum or maximum quantities, profit margin or any other conditions for sales must not be imposed by supplier or otherwise established in a written instrument, as it is violation of the economic order under the Brazilian Competition Law.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Saturday, March 15, 2014

Supersize The Franchise: McDonald's New China Strategy

BEIJING — McDonald’s is planning to expand franchising in China’s biggest cities, such as Shanghai and Shenzhen, for the first time since its entry into the country.
Since its founding in 1955, McDonald’s has relied on its franchisees to play a major role in the company’s global success. Franchisees account for 80% of the 30,000 McDonald’s restaurants in 120 countries all over the world, and they create more than 70% of the fast food giant’s profits.
Unfortunately, this model has not been successfully replicated in the Chinese market. When McDonald’s first entered China in 1990, it chose to operate its own restaurants, judging that its high operating costs wouldn’t give franchisees much of a profit margin and that China also had few regulations about franchising.
The company began seriously recruiting franchise partners in certain provinces of China in 2010, but McDonald’s franchises account for less than 5% of all its outlets China, and they are mostly located in smaller cities.
Now McDonald’s plans to change the situation. It hopes to double the number of its Chinese restaurants — to more than 4,000 stores — in the next three years. “Developing the franchise business will become an important factor for achieving rapid growth in China for our company in the years to come,” one of its senior executives says.
It is interesting to compare McDonald’s strategy with rival Kentucky Fried Chicken (KFC). “Compared with McDonald’s, KFC is a lot more open in this aspect,” says Kang Jianhua, a researcher who follows hotels and catering at CIConsulting. “Not only has KFC extended its regions allowing franchising, it has also lowered the entry threshold in certain regions so as to boost the retailer’s number of franchisees. Increasing the franchisees is KFC’s important tactic in raising competitiveness.” 
From 1990 to 2010, the number of McDonald’s restaurants in China grew at an annual pace of 17% — far lower than in certain other Asian-Pacific markets such as Japan. But by 2013, China had become the company’s third-largest market in the world.
McDonald's Chinese New Year set meal — Photo: HenryLi
Though McDonald’s restaurants outnumber KFCs globally, the latter has more stores in the Chinese market, with nearly 5,000 outlets. Even Dicos, a local chain offering Western-style food in 2,000 stores, outnumbers the American giant. 
Supersize it
“Size advantage plays an important role for chain store operation,” says Li Weihua, a franchising expert and professor at China University of Political Science and Law. “In a competition the value of the number of stores is not to be underestimated.” In Li’s view, McDonald’s is under enormous pressure to be more competitive in China.
Much of this pressure comes from McDonald’s itself. The company’s global income comprises three parts — earnings of its direct sales stores, service fees from franchisees, and the real estate operating income (property rental payments from franchisees). The latter two revenue streams are particularly crucial.
In 2012, as the company’s annual report showed, the franchisees had a $7.4 billion gross profit, more than twice the $3.4 billion of direct sale stores. Meanwhile, of the $8.9 billion of the franchisees’ turnover, $5.8 billion came from rentals.
“People usually think that we sell hamburgers. But in fact we are a real estate dealer,” the fast food empire’s founder Ray Kroc once said. That’s the secret to the company’s long success. Through long-term leasing or by purchasing land and then building, the retailer sublets the stores to the franchisees to help generate profits.
But this profit model didn’t work for McDonald’s in China. Because of China’s restrictions on land purchases and buildings with foreign funds, the food giant owns less than 10% of the properties its stores operate in China. In the United States and Europe, this figure is around 60%.
At the same time, rental costs in China’s first- and second-tier cities are rising sharply. Most McDonald’s stores are located in bustling commercial districts, and most of them have signed a lease for 10 or 20 years. Because many of these stores’ leases are about to expire, McDonald’s will be hit with soaring rental costs.
In Kang Jianhua’s opinion, expanding franchises will reduce pressure on the company in terms of rental costs and create more reveune with franchise fees. 
Of course, challenges will follow too. The first question is whether McDonald’s current management and overall operational capability in China are strong enough to support the franchising expansion. After all, the food giant’s development in China hasn’t been all that smooth, and China is still a less-than-ideal legal environment for franchising.  

Read the full article: Supersize The Franchise: McDonald's New China Strategy
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Tesla Motors to close shop in New Jersey due to franchising law amendment

http://www.lawyerherald.com/articles/4943/20140312/tesla-motors-to-close-shop-in-new-jersey-due-to-franchising-law-amendment.htm

Tesla Motors
On a conference call, Tesla Motors Inc vice president of business development Diarmuid O'Connell confided that the company could force-close its stores located in New Jersey should the state proceed to pass a proposed amendment to the existing law regarding auto sales. Businessweek said that the automaker recently learned that the New Jersey Motor Vehicle Commission is mulling over an amendment tha would prohibit manufacturers to get licenses to sell their cars directly in the area. The news agency noted that Tesla Motors does not have franchised retail dealers.

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"Clearly, a decision was made rather abruptly and certainly without any consultation with us. There are probably a couple levels of bad faith and surreptitious behavior," O'Connell had said.

In the past year, car sellers in the states of Ohio, New York, Minnesota, Georgia had been seeking to block Tesla Motors for directly peddling its own cars. Dealers in Texas were able to successfully lobby stringent restrictions on the sale of Tesla's own models in the state, with Arizona, Colorado and Virginia imposing limits to the Palo Alto, California-based retail activities.

Tesla Motors said that the agency led by Governor Chris Christie will be deciding on whether the amendment should be done at 2PM in Treston today. Tesla Motors currently has two stores in New Jersey, Businessweek had said.

A spokesman for Christie, Kevin Roberts, said, "Since Tesla first began operating in New Jersey one year ago, it was made clear that the company would need to engage the Legislature on a bill to establish their new direct-sales operations under New Jersey law. This administration does not find it appropriate to unilaterally change the way cars are sold in New Jersey without legislation and Tesla has been aware of this position since the beginning."

O'Connell warned that its people in its New Jersey stores will be out of work should Christie and the commission decide to approve the rule amendment today.

Read more at http://www.lawyerherald.com/articles/4943/20140312/tesla-motors-to-close-shop-in-new-jersey-due-to-franchising-law-amendment.htm#XBbdAwzr8L4joeVV.99

Why Healthcare Franchising Is Entering a Boom Time


Why Healthcare Franchising Is Entering a Boom Time



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Why Healthcare Franchising Is Entering a Boom Time
Illustrations © Theispot.com/Michael Austin
Of all the goods and services offered by franchises--giant pretzels, pest control, elliptical trainers--the most important is probably the one that goes least noticed: healthcare. In fact, many patients have visited a healthcare franchise without even realizing it. With the rising cost of healthcare and the millions of people expected to seek treatment under the Affordable Care Act, physicians, hospital systems and enterprising businesspeople have been searching for faster, more efficient and more affordable ways to deliver quality service. What they've found is that the franchise model can dispense routine medical care as efficiently as it delivers other products and services.
Mark Kirsch, a principal at the Washington, D.C., office of law firm Gray Plant Mooty, has helped several healthcare franchises navigate regulatory hoops in recent years. He believes there are numerous reasons for the gold rush in the sector, which includes franchised urgent-care centers, dental clinics, chiropractors, hearing-aid clinics, testing labs, billing services, massage clinics and other specialized concepts.
"There's a real demand for high-quality, moderate-cost healthcare," he explains. "Some people view things like teeth cleaning or regular checkups as a commodity, something routine that can be delivered with good quality at a good price, and more conveniently than the way they're provided now."
Another factor: The aging population of Baby Boomers is adding stress to the healthcare system and will take up a greater percentage of medical resources over the next few decades. That means the ability to serve more patients with fewer overhead costs will become a critical challenge for medical practitioners.
Tracy Weise--founder of Weise Communications, a Denver-based firm that provides marketing services to healthcare businesses, including franchises--agrees that learning to work with limited medical resources and a growing patient base is a major challenge. "If you look at the growing population and demographics, there aren't enough physicians, period, to cover people who need healthcare," she says. "There's simply not enough financial motivation for young doctors to become primary-care physicians. The amount of hours they have to work and the time they spend with insurance companies means they're not making money, and they're not doing the job they want to do."
Weise adds that the implementation of the Affordable Care Act doesn't mean there will miraculously be enough doctors to look after everyone who's eligible for coverage. "That's why franchising as a healthcare model makes sense. It creates the systems and processes that take the headaches out of insurance and billing," she explains. "It creates better access and greater access in a lot of different places. It takes all the best practices and implements them in a system to create the best delivery at the lowest cost in the most places."
It was the lack of efficiency in the current system that drove Miami-based hand surgeon Alejandro Badia to develop OrthoNow, an urgent-care franchise that specializes in injuries like jammed fingers, sprained ankles and dislocated shoulders. The company expects to open as many as 30 centers across the U.S. this year.
"OrthoNow was born out of a sense of frustration," Badia says. "As a hand surgeon, virtually everyone who came to see me had been someplace else before or had waited for hours in the ER and gotten an erroneous diagnosis. By the time they saw me three weeks later, their problems were worse and harder to treat. I sensed the way healthcare was run was a waste of time and money."
Once a franchisee of a now-defunct urgent-care concept, Badia believed a similar franchised clinic could work if it focused on orthopedic care--a place where a patient with a knee injury wouldn't have to wait for hours while life-threatening cases were prioritized.
OrthoNow, Badia says, is more cost-effective and offers better treatment than general treatment centers. "The truth is, you don't need a board-certified surgeon to see you if you have shoulder pain," he explains. "An orthopedic physician's assistant can do that job very well. And if a patient needs something like their knee or spine looked at, OrthoNow can funnel them to a sub-specialist."
The benefits for patients extend to their wallets, too, Badia contends. "If someone without insurance comes into an OrthoNow to see a provider and have an X-ray, it will probably cost $300--a bit more if they need an MRI or a cast," he says. "The hospital-affiliated urgent care down the street is four times that just for the assessment. The patient will have to finance $1,200 or put it on their credit card. Then [the clinic] will likely just refer the patient to the hospital."
John Leonesio, founder of Massage Envy Spa, left that successful system in 2008 and two years later went on to helm The Joint…the chiropractic place. He has helped grow The Joint to 140 units and hopes to open 120 more by the end of the year. The concept relies on economies of scale and a membership model to make chiropractic treatment affordable and convenient. By cutting out insurance companies, Leonesio says, The Joint reduces paperwork for employees and patients; additionally, the units stay open at night and on weekends, offering convenience for patients with busy workday schedules.
"We don't take appointments; we're walk-in only," Leonesio says. "When we asked customers what they wanted, they said they want a very good doctor and treatment that was convenient and affordable. If they hurt their back on Friday, they didn't want to wait until Monday morning to make an appointment."
The reason chiropractic treatment works well as a franchise, Leonesio argues, is that much of it is routine. Members of The Joint get four appointments for $49--about half the typical insurance deductible for chiropractic care, he says. Instead of seeking treatment only when they're in pain, patients under the membership model are incentivized to come in regularly to prevent problems and higher costs down the line. And for the 60,000 U.S. registered chiropractors, many of whom struggle to keep their practices open, The Joint can make financial sense.
"We can provide services more efficiently and cheaper than a traditional practice can," Leonesio says. "With our organization and technology, chiropractors can be a lot more efficient and still make a good living, which in turn makes a good franchise model."
Most medical franchisees are businesspeople who hire physicians and other medical staff to provide services. For the medical workers, there appears to be no stigma in being associated with a franchise. In fact, as doctors begin to understand the advantages of franchising--most significant, the reduction in paperwork and managerial duties--they are seeking jobs at franchise concepts.
"The big point of differentiation between the model we operate and working elsewhere is that a healthcare professional can focus on what they love about their craft: treating people and providing healthcare for them," says Scott Hoots, vice president of franchise operations at AFC/Doctors Express, an urgent-care franchise with locations in 27 states that was acquired last year by American Family Care. "They don't have to do payroll or fill out tax forms. They don't have to hire and fire people. Their sole focus is on patients, and that is what attracts high-quality doctors to the system."
There are other advantages, too. "Our compensation is competitive with other medical centers, and with a much better lifestyle. There are no beepers or being called in during the middle of the night," Hoots says. "Someone asked me the other day if we get good physicians. We're not getting flunkies or physicians hired right out of medical school. We have doctors at all career stages because of the benefits we offer."
Patients are also seeing the efficiency of franchising. While at a hospital ER the average wait is four hours, AFC/Doctors Express claims it can move most patients in and out in less than an hour. But being able to offer that kind of quick service means medical franchises need to ramp up quickly before the Affordable Care Act dumps millions of new patients onto the market.
"Forty percent of patients in the ER shouldn't be there," explains Russell Smith, director of franchise development for AFC/Doctors Express, who says the system will add 20 new locations in 2014. "They should be in urgent care, and they will soon move there. That's why we're rushing to open more franchises and corporate locations. The market itself has grown, and the Affordable Care Act is going to increase the number of patients we see on a daily basis."
As healthcare providers of all kinds struggle to keep up with patient loads, many more franchise concepts will emerge, The Joint's Leonesio predicts.
"Healthcare franchising started with eyeglasses a while ago, and more sectors have caught on. People are finding better, cheaper and more efficient ways to deliver healthcare services than other practices can, whether it's teeth cleaning, urgent care or back adjustments," he says. "There are still opportunities waiting to be found in every medical field."
Jason Daley lives and writes in Madison, Wisconsin. His work regularly appears in Popular Science, Outside and other magazines.

Tuesday, March 4, 2014

As part of ongoing China rebound, KFC plans revamp in Q2



Yum! Brands' biggest obstacle in recent memory — the chicken supply chain and subsequent avian flu outbreak in China in late 2012 which led to a 41 percent drop in same-store sales in January '13 — had lingering effects throughout last year because it directly affected the company's flagship business in KFC China. But Yum!'s rebounding efforts are taking hold, executives said during today's earnings call, and all signs are pointing to a "strong bounce back" this year.
"2014 needs to be a show me, don't tell me year," CEO David Novak said during the call. "2013 was frankly a very humbling year. However, we used it as an opportunity. I'd go so far to say we did some of our best work in 2013."
For example, in response to the supply chain issue, KFC China launched a marketing campaign, "Operation Thunder," aimed at strengthening consumer perception about food safety. The company also launched a quality assurance campaign called "I Commit." Novak said since these initiatives rolled out, key brand attribute scores are nearly back to where they were before the crisis.
In addition to those marketing efforts, KFC also tightened labor scheduling and optimized "service levels with fewer labor hours." In Q2, the company plans to "restate the KFC brand," with major initiatives across every aspect of the business — from new products to menu management and marketing efforts, to new consumer touch points and digital technologies.
"Overall, our goal is to build off the momentum that we had coming out of last year taken into this year and continually get stronger in building consumer news and excitement for the brand," Novak said. "The goal is to bring new energy and dramatic news to the KFC brand."
U.S. Business
Domestically, CFO Pat Grismer said the company has largely completed its U.S. refranchising program; 10 years ago, about 25 percent of units were company owned, while 75 percent were franchised. Now, about 90 percent of U.S. locations are franchised.
"This has not only improved our return on investment capital but should also help deliver more consistent performance going forward given inherently lower profit volatility with the franchise business," Grismer said.
Taco Bell continues to be the bright spot in Yum!'s U.S. portfolio, generating two-thirds of domestic profits. In Q4, Taco Bell turned in its eighth consecutive quarter of same-store sales growth, up 1 percent, overlapping 5 percent last year.
The company hopes to continue that momentum this year with the national launch of breakfast and mobile ordering.
"Our breakfast offering includes three terrific destination breakfast products at incredible price points and we're now in the midst of training our teams for a national launch in the first half of the year," Novak said.
Taco Bell opened 86 net new units in 2013 and is on pace of growing from 5,800 units today to at least 8,000 units in the U.S.
Grismer said Taco Bell's solid performance offset disappointing results from both Pizza Hut and KFC.
Digital initiatives
Taco Bell's impending mobile ordering rollout underscores one of Yum!'s top strategic priorities — digital technology. Novak said in China, 70 percent of delivery orders come from online platforms.
In international markets, mobile ordering tests are underway at KFCs in France, the United Kingdom and Australia. And, in the U.S., online ordering at Pizza Hut accounts for about 40 percent of orders and more than $1 billion in total annual volume.
"Make no mistake, technology is among the highest priorities that we have in our company and all of our businesses are focused on ways that they can harness the power of digital technology to further differentiate our experiences for our customers," Novak said.
Emerging markets
Finally, Yum! Restaurants International turned in solid results — same-store sales growth of 2 percent in the quarter, including 3 percent growth in emerging markets such as Russia, Southeast Asia, Africa and Latin America. In 2013, YRI entered four new emerging markets — Tanzania, Ukraine, Argentina and Mongolia. The company said emerging market economies are expected to grow at almost three times the rate of developed market economies for the foreseeable future.
"We recognize that emerging markets will have their ups and downs. They are still going to be growing their GDP and we're on the 5 percent rate in the foreseeable future almost three times more than the developed countries. What we're focused on doing in emerging markets is providing affordable everyday value making our brands more accessible, more affordable to the emerging classes as the incomes rise. The big story that we have for emerging markets is just development opportunity," Novak said.
He adds that Yum! currently has about four restaurants per million people in China, compared to 60 in the U.S. Other investment markets include Turkey and Africa.

 http://www.qsrweb.com/article/227315/As-part-of-ongoing-China-rebound-KFC-plans-revamp-in-Q2

Monday, March 3, 2014

Why are franchise operations manuals important?

In its simplest form, an operations manual is effectively the instruction manual for running a franchise business. It should include information and guidance on all aspects of what a franchisee needs to do in order to run their business as per the operational and branding guidelines of the franchisor.
WHAT IS THE PURPOSE OF THE OPERATIONS MANUAL?
The franchise agreement governs the franchise relationship between franchisee and franchisor. Once a franchise agreement is signed, it cannot be altered (without agreement from both parties) for the term of the agreement (typically at least five years in Australia).
However, the operations manual can typically be changed at the discretion of the franchisor, depending on the terms of the franchise agreement.
Given this, the operations manual is a critical tool in influencing the behaviour and operations of the franchisee over time. It provides a franchisor with a level of control and ability to enforce desired behaviour and actions within the operation of a franchisee’s business, in order to uphold and protect the brand, but also provides the flexibility and freedom to be able to change and adapt the system to changing customer needs as well as new technologies and systems introduced to the franchise over the term of a franchise agreement.
 A BASIS FOR TRAINING
The operations manual can be used as the basis for initial franchisee induction and training. As the operations manual covers all areas of running a franchise business it should therefore be an effective base to provide training to a franchisee. Using it as the basis for induction and training will also help the franchisee become familiar with the manual, increasing its use and effectiveness within the system.
For a franchisee, the operations manual should be the first point of reference in relation to the running of their business. Initially, a franchisee will use the operations manual on a daily basis, as they familiarise themselves with expected operations and practices. As the franchisee becomes more comfortable and proficient with the operations of the system, they will refer to the manual less frequently, but it should still be a key resource for them in running their business.
WHAT IS IN AN OPERATIONS MANUAL?
A best practice operations manual will cover the following topics:
  • Introduction
  • Administration
  • Compliance
  • Customer service
  • Products and services
  • Marketing
  • Human Resources
  • OH&S
  • Finance
  • Merchandising
  • Pricing
  • Stock
  • Cleaning and maintenance
  • Security
  • IT
  • Reporting and performance
In addition, the manual will need to cover any business specifics relating to a particular industry or sector (for example – food safety for a food retail business).
Typically, the content within each of these sections will be broken down into smaller policies, whereby franchisees can easily search and find relevant information.
HOW TO FIND THE INFORMATION
It is important that any operations manual is as easy to use as possible. Having a comprehensive, detailed operations manual is pointless if it is never used by franchisees!
Making it easy to use and understand means:
  • Using easy to understand language. No one likes reading legal documents, and franchisees will be less inclined to use a document they find hard to read. The language should be as simple as possible, whilst still remaining authoritative enough to ensure franchisees comply where relevant.

  • A user friendly layout and design. Being able to find specific information easily (through indexing and search functions etc) - if a franchisee is unable to find the relevant information they are after, the manual will be of no use.

  • Ease of update – documents can be updated in real time, as changes are made.

  • Interactivity and engagement – an electronic format allows franchisors to include interactive and engaging content such as videos and online training modules.
While many franchises provide the traditional hard copy manuals to franchisees, an increasing number of franchisors are providing operations manual content electronically. This involves the use of an internal or cloud-based content management system that can be used to store all relevant documentation, policies and forms online.
In summary, an effective operations manual will form the backbone of franchisee operations, and can go a long way to ensuring the success or otherwise of a franchise system. A robust and comprehensive operations manual will provide an excellent return on investment through more improved and aligned franchisee performance.

Jacinta Caithness has more than 15 years in the retail industry and has worked with some of Australia's leading brands, including Boost Juice. She developed the franchise strategy and recruitment methodology for Boost Juice and Salsas at Retail Zoo, appointing over 160 franchisees within the domestic network over a five year period. Later, as CEO International and board member, she expanded the juice business globally.

U.S. Added 16,520 Franchise Jobs in January, According to ADP National Franchise Report

ROSELAND, NJ, Feb 19, 2014 (Marketwired via COMTEX) -- U.S. private-sector franchise jobs increased by 16,520 during the month of January 2014, according to the ADP National Franchise Report(SM). Broadly distributed to the public each month free of charge, the ADP National Franchise Report measures monthly changes in franchise employment derived from ADP's actual transactional payroll data. The report is produced by ADP(R), a leading global provider of Human Capital Management (HCM) solutions, in collaboration with Moody's Analytics, Inc. and is published by the ADP Research Institute(R).
"During the month of January, franchises created 16,520 new jobs, less than half the number created in December 2013," said Ahu Yildirmaz, senior director of the ADP Research Institute. "Although still a net contributor with ten consecutive months of strong gains, job creation among franchise restaurants weakened notably in January compared to prior months. In fact, our data shows that last month's franchise restaurant gains were significantly lower than the monthly average posted over the past 12 months," Yildirmaz added.
January 2014 ADP National Franchise Report Highlights
Click here to access the ADP National Franchise Report Infograph
The table below presents U.S. franchise employment growth over time, measuring current month growth, year-over-year changes, and the average monthly growth rate over the past 12 months.

How Mister Donut built 2,200 stores in the Philippines

Jerome Castaneda Tuguin was just a young school boy when Mister Donut opened its first store in the Philippines along Recto Ave. in Manila in 1982.  Now, Tuguin oversees a network of more than 2,200 Mister Donut outlets all over the country.  “Year after year, the number of Mister Donut stores grew, and now we have over 2,200 shops, including innovative tie-ups with leading convenience stores, petroleum  stations and cinemas,”  he says.
Jerome Tuguin
Tuguin is the general manager of Mister Donut in the Philippines, which is among the most well served markets of doughnuts or simply donuts.  He says the growth of franchising, the rise of the food kiosk industry, the penchant of the Filipinos for donuts and the vibrant economy provide opportunities for further expansion of Mister Donut in the country.
“We are optimistic that the kiosk and street stall industry which we belong to will continue to survive and thrive in the foreseeable future. The country’s strong economic performance these past couple of years as well as the positive outlook in the next three to five years will definitely sustain the demand for affordable, delicious, and value-for-money products offered by the kiosks and street stalls,” he says.
Mister Donut is an American brand that was established in Boston in 1955 and expanded rapidly through franchising.  Its products include donuts, coffee, muffins and pastries.  The Ramcar Group acquired the master franchise of Mister Donut in the Philippines through subsidiary Food Fest Inc. in 1995.
Tuguin says Mister Donut founder Harry Winokur banked on the idea that fresh donuts are best enjoyed with coffee.  Winokur started delivering fresh donuts to office workers in downtown Boston and eventually became a well-known donut establishment that offers delicious donuts and a special blend of coffee, now recognized as world-famous.
Many entrepreneurs expressed interest in Winokur’s idea and began selling franchises of his donut and coffee company to businessmen who share the same standards of quality, service and cleanliness.  As a result, Mister Donut opened in 275 locations across the United States and America.
Mister Donut expanded to other countries when Multifoods, one of the world’s largest food companies, acquired the business from Winokur.  In Asia, Japan’s Duskin Co. Ltd. obtained the rights of the Mister Donut trademark in 1983 and paved the way for the brand’s development all over the continent, including the Philippines.
Tuguin says in the Philippines, Mister Donut offers 60 varieties of donuts, which have the right degree of sweetness. “Mister Donut also offers baked products, sandwiches, light meals and beverages.  New addition to our donut line is our Pon De Ring, Do-ssant and French Cruller,” he says.
Tuguin, who worked for RFM Corp. and Seattle’s Best Coffee before he joined Mister Donut, is among the brains behind the growth of the franchising industry.  He obtained a degree in Economics from San Beda College and a Master of Entrepreneurship Degree from the Ateneo Graduate School of Business. He completed his secondary education at Manila Science High School in 1991 and his elementary education at Don Bosco Technical College in 1986.
Tuguin advises budding entrepreneurs to carefully study any business, before engaging in it.  “Research the company you are entering into. You already know of those fly-by-night franchises that comes at P25,000, but after you have received your acrylic food stand, nothing comes after, and there is no more support from the franchisor,” he says.
He says entrepreneurs should talk to other franchisees.  “That’s the only way to know the system, the products and the support that the franchise business is giving,” he says.
Tuguin says the franchisee should not depend too much on the franchisor.  “Do not think that the franchisor will do it all for you.  There’s a misconception that when you get a franchise business, your success is already guaranteed. The truth is, much of the hard work will come from the franchisee. A franchisor’s business model may be great, but without a franchisee’s commitment to the business, nothing great will ever be achieved,” he says.
He says Mister Donut helps franchisees become successful entrepreneurs, which also contributes to the growth of the brand.  He says despite the large number of competitors and new players in the market, Mister Donut strongly continues to be one of the largest donut chains in the country.
“In fact, last 2013, food industry has been challenged by the entry of new kiosk concepts in the market, not to mention the calamity that hit Visayas and Mindanao, but Mister Donut still managed to grow its sales and income compared to previous years,” he says.
“Capitalizing on the growth momentum of 2013, Mister Donut sees growth to continue this 2014, both in sales and number of shops,” he says, adding that franchising will continue to support the growth of the brand.
“The investment differs from brand to brand, depending on the type of equipment and product offering. Mister Donut’s franchise concepts start for as low as P145,000 only,” he says.
“While we have a strong marketing campaign, logistical support and brand presence nationwide.  Mister Donut has very simple operations with continuous training available for each member of the store team,” he says.
“In terms of the site acquisition, more than 30 years of experience has given Mister Donut an accurate read on site analysis. Mister Donut uses a scientific approach on studying its locations, giving the franchisee an accurate understanding of the site’s market, thus giving the franchisee great leverage against the competition,” he says.
He says Mister Donut will continue to team up with “would-be” entrepreneurs who see the value in being a Mister Donut franchisee as well as forging alliances with the biggest players in convenience stores, petroleum and institutional sales arena.
Tuguin says with over 2,200 outlets spread across the nation, Mister Donut has become the most accessible and most visible donut brand in the country today.  “We will continue to build Mister Donut shops in areas that will allow us to serve our products where our targeted consumers are located, thus bringing us closer to them,” he says.
“Mister Donut’s  adherence to serving products of the highest quality, continuous innovation, customer satisfaction, operational rapport with our franchisees, strong back-end support, and taking care of our people in the organization have allowed us to be on top of our game, so to speak. We will continue to work on making improvements in the way we do things so that we will be able to delight our customers,” he says. RTD

Friday, February 21, 2014

Five legal tips for new franchisees

There are many avenues that a potential franchisee needs to cover prior to embarking on their journey within a particular franchise system. 
It goes without saying that undertaking comprehensive due diligence is a must for each and every potential franchisee.
However, there are a number of considerations within the realms of such due diligence that must be looked at in more detail.
The top five tips for potential franchisees to aid them in their search for the ‘right fit’ franchise business:
1. AFFORDABILITY AND NUMBER CRUNCHING 
You must have a clear understanding of how much investment is required to see if you can afford to invest into the business and whether that investment is warranted given the potential return on your investment.
The answer to this question may not necessarily be obvious by way of adding the immediate start-up costs such as the initial franchise fee, equipment purchase and/or fit-out expenses.
The actual total investment will also incorporate a realistic working capital amount and allow for the inevitable unexpected items.
2. APPROACHING CURRENT AND FORMER FRANCHISEES
Franchisees are the best people to speak with to find out more information about the franchisor and the franchise system.
Find and speak with as many franchisees as you can and ensure you speak with a broad cross section of those who have recently joined, more experienced operators and those who have moved on. Don’t be afraid to ask difficult questions about the franchisor, the business and the numbers.
3. PERFORM ALL RELEVANT SEARCHES
We recommend that comprehensive searches are undertaken in relation to the franchisor, its directors and the franchise system you are considering.
These include company searches, intellectual property searches, insolvency searches and Google searches .  You can engage the services of a solicitor to aid you with performing some of the relevant searches.
What you may uncover may be quite an eye-opener. For example, the ACCC has a process  whereby franchisors can obtain immunity from exclusive dealing arrangements, such as forcing franchisees to buy exclusively from a particular supplier.
The disclosure document does not actually have a requirement to disclose such arrangements but the ACCC website includes a register of exclusive dealing notifications which can be searched by the name of the franchisor.
4. LIFESTYLE AND INDUSTRY
If you plan to work in the franchise business you are buying , then you must understand how that position will impact on your lifestyle and your family. You must also understand what skills you currently have and may need to either obtain or improve  for your franchise business to succeed.
You should also look at what formal qualifications, if any, you or your staff members will need to obtain and how easily obtainable they are.
5. TAKE ALL DOCUMENTS TO BE REVIEWED BY SPECIALISTS 
You will benefit in a number of ways from obtaining legal and accounting advice from the experts of the industry.
If you are investing a substantial amount of money and  time into a franchise, not only will the advice give you the confidence to proceed, it may actually save you from future problems arising as a result of something inherent in the documents.
A lawyer may be able to uncover an issue you haven’t considered, an accountant may tell you that the franchisor is asking too much for too little in return. Either adviser may be better placed to give you unbiased professional advice  and possibly get you a better deal, which is worth well over the cost of that advice.
Jane Garber is a solicitor at Franchise Legal, which has offices in Melbourne, Sydney, Brisbane and Adelaide.

Twist on crowd funding: Crowd franchising lets investors buy part of franchise

Ever walked into a small business and liked it so much that you thought, "I could make a bundle if I owned one of these!''
A Chicago-based yogurt shop owner says that shouldn't be a pipe dream.
Mandy Calara, co-founder and CEO of Forever Yogurt, has started an online business that allows ordinary people to buy ownership in a franchise for as little as $1,000.
Calara launched CrowdFranchise.com in December with the hopes of expanding his chain of 24 self-serve yogurt shops and, eventually, connecting investors with other franchise concepts. He's promoting nine new group-owned franchises, including one in Tampa and another in Miami Beach, where the chain already has a store on Ocean Drive.
CrowdFranchise.com works like crowd funding sites such as Kickstarter and Indiegogo, except instead of backers donating money to make a new product, campaign or organization come to life, investors buy part of a franchise.
The investors vote on decisions concerning the franchise and get a cut of any profits based on what percent of the franchise they own. The corporate office scouts the sites and provides the management. If the business flops, investors lose their initial investment but aren't financially responsible.
Calara got the idea for crowd franchising when he started franchising Forever Yogurt, a Chicago-centric chain founded in 2010. Despite plenty of interest from investors, not everyone had the $350,000 to $400,000 to start a franchise.
"We were looking for new ways for interested franchisees who did not qualify individually to open a store,'' he said. "We wanted something that the average income investor could participate in.''
So far, Forever Yogurt has received commitments from 19 investors totalling $402,000 to create a location in Chicago's Wicker Park near its flagship store. To open, it needs $650,000 — enough to cover a larger than usual reserve fund.
For anyone thinking about buying a franchise, Calara says group ownership is a good way to gain experience without all the work. Investors are privy to documents and various aspects of the business but don't have to wash the dishes or lock the doors at night.
Finally, some validation for us book nerds. New data from Chase Freedom card services shows that holiday spending on books — including e-books — was up 31 percent over last year, the most of any category.
Interestingly, the survey also found sales of electronics were down 15 percent and toys were down 4 percent. A victory for books? Maybe, in a roundabout way. Chase's analysts credited the boost to so many people already owning tablets, e-readers and laptops, but needing more titles to download.
Denver might be mourning the Super Bowl loss but, at least, has this to cheer: Walmart is offering shoppers there online grocery ordering and store pickup — the first test of "Walmart to Go'' nationwide.
Walmart started online delivery service in Colorado last year and, based on the results, decided to expand to store pickup. Delivery charges run $5 to $7 per trip, but store pickup is free.
Publix tried a similar curbside service several years ago but dropped it in 2012 because of low customer support. It also charged $7.99 per order, which could have been a deterrent.
There's no saying when or if Walmart will expand its online/pickup service, but I'm sure all its competitors will be watching. To promote the new service, Walmart gave Denver area shoppers who ordered groceries online during Super Bowl week a free "Game Time Snack Pack'' with two sodas, two bags of chips and a jar of salsa.
After that blowout of a game, they probably could use it.
Susan Thurston can be reached at sthurston@tampabay.com or (813) 225-3110. Follow her on Twitter @susan_thurston.

Franchises Target Immigrants as Buyers Foreign nationals hope franchising will be the key to obtaining a green card

Chains such as YoBlendz, Elements Therapeutic Massage and Battery Giant have begun pitching themselves to well-heeled foreign buyers using so-called EB-5 visas as a selling point. The federal program, launched in 1990, gives foreign nationals the chance to obtain permanent residency by investing a minimum of $500,000 in a U.S. business.
The catch: The investment must create at least 10 new jobs within two years, or the foreign investor is sent back home.
Despite the risk, franchisers see it as a chance to lure buyers who are set up to seal a deal quickly. And for foreign applicants who lack the entrepreneurial chops to launch a venture from scratch, franchises offer a ready-made business model with a proven record, says Stephen Caldeira, president of the International Franchise Association, a franchising trade group.
"We're seeing growing demand from franchisers for well-capitalized investors, and EB-5 applicants see franchising as a safer bet, in terms of an investment," Mr. Caldeira says.
New Interest
Last year, 6,343 foreign nationals applied to the EB-5 program, up from 6,040 in 2012, and just 470 in 2006, according to the latest data from U.S. Citizenship and Immigration Services. The agency estimates that as of September 2013, the program has raised more than $8.6 billion and has created some 57,300 jobs.
Interest in the program has skyrocketed since the financial crisis, as traditional forms of financing dried up, immigration lawyers say. Several big companies have tapped the once-dormant program to fund huge projects through hundreds of foreign investors, including Marriott International Inc., Sony Pictures Entertainment, and the developers of the Barclays Center, home of the National Basketball Association's Brooklyn Nets.
But now franchises have begun courting EB-5 investors, too, says Jania Bailey, president of FranNet, a franchise consulting firm. "It's really new for us," she says.
One franchise buyer who has tapped the EB-5 program is Zhijun Mao. In March, the 25-year-old borrowed $550,000 from his parents in China to open a YoBlendz frozen-yogurt stand, as well as a JuiceBlendz fresh-juice stand, at the AmericanAirlines Arena in Miami. A graduate of the State University of New York at Buffalo, where he studied finance and international business, Mr. Mao applied for an EB-5 visa in July based on the investment, which included a one-time franchise fee of $40,000. His student visa is set to expire in June.
Mr. Mao says the two stands will put about 24 people to work, including up to eight workers behind the two counters. The rest of the jobs are based on estimates of increased consumer spending, as his investment ripples through the local economy, he says.
The immigration agency is currently processing his application, including a full analysis of his business plan and economic projections. If all goes well, he expects the stands to be up and running by July. "I'm 100% new to this business," says Mr. Mao, whose father owns a construction firm in China. "But I want to stay here in the United States. That's my goal."
Mr. Mao says he looked into several other franchise options, including McDonald's, Burger King and Subway. But YoBlendz caught his eye, he says, because it had posted information about the EB-5 program on its website, in both Chinese and Spanish.
Based in South Florida, the company started franchising in 2005 and currently has nearly 30 locations, including two that are owned by EB-5 investors. The company began promoting the program on its website in 2011, and since then has attracted 12 foreign investors to back new locations currently in development across the region, says Adam Ogden, founder of YoBlendz and JuiceBlendz. The EB-5 program is a "great opportunity to attract investors and launch new locations" at a time when financing is scarce, he says.
But the program isn't a perfect fit for every franchise. Most outlets cost less than $500,000 to launch and thus don't meet the minimum threshold for investment under the EB-5 program, Ms. Bailey says. Another major drawback: The immigration agency's background checks and economic analyses can drag on for several months, even years. That can run afoul of franchisers' tight development deadlines, says Dennis Monroe, a franchising lawyer in Minneapolis. "They're just not interested in waiting that long," he says of franchisers.
What's more, immigrant investors receive only a two-year visa until immigration officials are satisfied that the job quotas will be met, leaving them in limbo.
Adding to the uncertainty, the immigration agency has clamped down on EB-5 applications in recent years, after a number of ventures tied to the program were charged with fraud, including a Chicago real-estate developer and a McAllen, Texas, pooled-investment fund that were both shut down last year by the Securities and Exchange Commission. In October, the SEC issued an alert warning of "investment scams targeting foreign nationals who seek to become permanent lawful U.S. residents" through the EB-5 program.
Mr. Ogden, of YoBlendz, says the crackdown has made it more difficult to sell the program to wary investors. "It has been a constant challenge dealing with investor concerns," he says.
Another Route
Rather than taking a risk, some foreign franchise buyers are vying for a temporary E-2 visa, which tends to have faster processing times and a lower upfront investment of roughly $100,000 in a U.S. venture. But unlike green cards, the visas must be renewed every two years. Alex Gomez, a 39-year-old from Vera Cruz, Mexico, obtained an E-2 visa last year after investing $220,000 in a ProCuts barber shop in McAllen, which currently has five employees. "I would never have pictured myself as the owner of a hairdressing salon," says Mr. Cruz, who also owns a hardware store back in Vera Cruz.
Mr. Mao says the twin pressures of running a business and "learning to live in a new country" can be stressful.
For now he's sticking with the program, he says. "It's not the fastest way to get a green card, but I want to be an entrepreneur, too. And this way I'm achieving both."
Mr. Loten is a small-business reporter in The Wall Street Journal's New York bureau. He can be reached at angus.loten@wsj.com.

Franchise Trends for 2014

Franchise Trends for 2014: Forecast by An Expert Печат Е-мейл

“The franchise industry provides an ideal route to business ownership for many people,” Hall said. “There are so many choices to fit each individual’s personal and professional goals.  In 2013 the top franchises purchased by our clients included senior home care, new and refurbished personal electronics, fast casual food, hair care, temporary staffing services, personal wellness, and hearing testing and devices. Clients also purchased businesses that offered children’s fitness, provided medical staffing and ran private learning academies.”

Here are some of the top market sectors that Hall thinks will continue to show or begin to show rapid growth in the 2014 and beyond:

Officing Solutions:  “Remember executive office suites?” Hall says. “They are still around and provide well-appointed offices and support to larger corporations and smaller companies that need an impressive appearance. New franchises in this space are offering office solutions that fit today’s entrepreneurs and their fast-growing and smaller companies. Usually located in the suburbs, these newer officing concepts offer full-service virtual office solutions which include private offices, daily use offices, conference rooms, common working space or drop-in lounges, all supported with the necessary infrastructure and technology.”

Wellness:  Fitness franchises will continue to grow and evolve in 2014, Hall predicts.  “Much of this is fueled by lower-cost business models which segment fitness and weight-loss training and offer more individualized services at lower prices. The wellness segment also includes the popular and continued-fast-growing massage therapy franchises, nutrition stores and healthy vending concepts. Services are purchased by a growing and more health-conscious consumer base created, in part, by health-conscious baby boomers, corporate wellness programs and a government and insurance-company focus on health maintenance.”

Electronics: “The continued growth of smart phones and other personal electronic devices has created the need for repair and refurbishing services,” Hall explains. “Franchises that sell and service these PED’s will continue their rapid growth which started a couple of years ago.  Services include the repair and restoration of cell phones, iPods and iPads, gaming devices and laptops. These are environmentally friendly businesses which also sell accessories and prepaid cards to customers fed up with long-term contracts from the larger wireless companies.”

Senior services: “This trend is a no-brainer with the growth of the over-65 population,” Hall noted. “Home non-medical and personal-care franchises have seen significant growth during the last six to seven years, and that trend will continue.  Contributing to the growth will be the pent-up demand in North Carolina, caused by a three-year moratorium on licensing that is expected to be lifted mid-year.

Food:  Food continues to be the largest segment of franchising, Hall says. “Today’s brand names will continue to grow and new concepts will be introduced. Who knew that frozen yogurt concepts would become so popular again? These franchises, along with several other food concepts, offer healthier food fare, semi-absentee ownership and relatively easy expansion opportunities.  We also expect to see coffee concepts grow during the next few years as would-be owners look for concepts that can offer competition to Starbucks and to the relatively few and expensive coffee franchises that currently dominate the market.”

Mike Hall is president and owner of Franchise Resource Group Ltd., a.k.a. FranNet Carolina, a franchise sales and consulting firm with offices in Charlotte and Raleigh, N.C and Charleston, S.C. He advises clients on how to search for and evaluate franchise opportunities and is responsible for placing hundreds of new franchise owners throughout North and South Carolina. Mike has served on the FranNet National Board of Directors and was named a Consultant of the Year or Top Performer in 1999 and 2000 and again in 2006, 2009, 2010 and 2011. In 2009 his office was recognized with a "Commitment to Excellence" award. He is a frequent lecturer on franchising and small business ownership and conducts public seminars on a regular basis. Hall is a franchise owner himself, and has been since 1991.

Learn more at www.FranNet.com/mhall and his blog site, www.franchiseacumen.com.

Contact:
Buck Lawrimore
President
Lawrimore Inc.
1320 Fillmore Ave., Ste 312
Charlotte, NC 28203
704-332-4344
Buck(at)Lciweb.com
http://www.Lawrimore.com

Canada: Ontario Franchise Legislation – Tough Times For Franchisors

Canada: Ontario Franchise Legislation – Tough Times For Franchisors

As any Ontario franchisor will tell you, the last few years have not been a walk in the park for owners of franchise systems. The current legislation in Ontario, known as the Arthur Wishart Act (Franchise Disclosure), 2000, has very strict rules about the type of disclosure that a franchisor (one who grants a franchise) must make to a perspective franchisee (one who is granted a franchise). While that is fair and understandable, the Act also contains provisions which impose a significant penalty or disadvantage on a franchisor for even the most technical violation.
As an example, if the disclosure material contains the slightest deficiency, a franchisee can operate its business for up to two years before deciding whether or not to terminate the franchise agreement.
If the franchisee decides to terminate on that basis, it is entitled to receive back from the franchisor all of the money paid to the franchisor for the franchise rights including any money paid for equipment purchased for use in the business. Obviously, that equipment has to be returned.
The recent case of 2189205 Ontario Inc. v. Springdale Pizza Depot Limited deals with the question of the franchisor's obligation to re-purchase equipment when the equipment itself is in poor condition.
In this case, the franchisor was ordered to pay compensation to the franchisee in a substantial amount for certain supplies and equipment payable upon the return of that equipment.
The franchisee had kept almost all of these items in storage in a barn in rural Ontario since 2009. It was now prepared to deliver this material to the franchisor in exchange for payment.
The franchisor argued that the franchisee was "unable" to return the supplies and equipment because of their poor condition given that they had been in storage for almost five years. The franchisor argued that the poor condition was at least partially as a result of what it alleged was improper removal and storage by the franchisee.
The Court ruled in favour of the franchisee. It determined that under the legislation, equipment has to be repurchased regardless of its condition. The Court considered that the legislation is remedial in nature and contains no duty on a franchisee to mitigate its damages. As a franchisee is entitled to be made whole, and as there was no evidence in this case of any deliberate acts of damage to the equipment by the franchisee, it was entitled to repayment of the entire purchase price. Its condition was irrelevant.
The legislation is indeed remedial in nature. It came into force as a result of an enormous amount of abuse heaped on unwitting and vulnerable franchisees by unscrupulous franchisors. However, cases like this must make one wonder as to whether or not the legislation simply goes too far.
Originally published at www.irvinschein.com.