Posts Tagged ‘franchising’
Ready To Start A Franchise?
Franchises come in all shapes and sizes and provide a multitude of business opportunities. There are hundreds of service orientated franchise businesses, which cover just about every consumer niche out thereplus there are new ones appearing every day.~.}
Picking out the right one is critical to the overall success of the franchisee. Select one which is struggling, or has grown too fast to sustain itself and you risk wasting your time and money. On the other hand, pick one which is on the rise, that has proven methods and plans established, and you can easily become a success.
This part of the franchising process is one that {potential franchisees must undertake on their own~is the sole responsibility of the potential franchisee to get right}. Franchise consultants can help track down information on some of these topics, the choice of which franchise to choose ultimately falls to the franchisee~but their objectivity can sometimes be questionable}. No matter what franchise {industry is under consideration~the particular type of franchise being considered} though, they can be assessed with the answers to the below questions~a sound evaluation can be made by asking the following questions}…
Does the vision of the company match with yours?
How old is the company?
For what time did it operate for independently before offering itself as a franchise business~What length of time did it operate independently before becoming a franchisor}?
What is the brand {position of the company~How is the reputation of the brand perceived}?
What types of franchises are they offering?
How many franchisees are there in the system?
How many multi-unit franchisees {does it own~Of the existing franchises, how many own more than one unit}?
How many franchisees have left the system? Why?
What is the {franchise fee and what does it cover~What is the cost of the franchise and what does it include}?
Is there a royalty fee? If so, ho much is it??
How long is the franchise contract for~What is the duration of the franchise agreement}?
Who {are the people charge of the franchise business?~Who is in charge of the company? What are their qualifications?~Who is in charge of the company? Are there any legal cases pending against them?}
What level of training is on offer? Is on-going support provided?
Which regions are they operating in?
How are material sourced?Can franchisees choose their own suppliers?~}
Does the franchisor offer financial assistance?
Does the franchisor provide real estate support?
How many employees are needed?
Is assistance offered in the recruitment of employees?
How proven is the marketing plan? {What is the marketing support?~~}
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Canadian Franchise Law
There has been a growing interest in franchising in Canada as of late. This is because the industry is booming. As a matter of fact, nearly half of all new retail businesses in the country are franchises. Before putting up a franchise business in Canada, a potential franchisor must first be aware of the different Canadian laws that concern the franchising business. A good way to do this is to hire a attorney in franchise.
Some of the services of a attorney in franchise are: preparing and reviewing disclosure documents; drafting, reviewing, and negotiating franchise agreements; giving advice on the application of franchise laws and regulations; registering and licensing trademarks; and mediating or litigating commercial disputes. Because Canadian franchise lawyers are experts in the field of franchising, they are well-equipped to protect their clients’ business interests. Their services are invaluable not only during the start-up phase, but are essential also in the maintenance stage of the franchise business.
One important consideration when setting up a franchise business in Canada is how federal laws directly affect the franchise industry.The Competition Act is an example of legislation that directly affects franchising in Canada. This law prohibits a person engaged in business from influencing the price at which another person offers to supply a product or service within the country. Consequently, the franchisor cannot dictate the price at which the franchisee offers its products or services. Another example would be the Consumer Packaging and Labeling Act, which specifies guidelines for the packaging and labeling of products to be sold in the country. In case the franchisor is in the business of distributing imported goods, this law would require him or her to specify the country of manufacture, as well as the name and address of the importer, on the product label. Most elements of the labeling should also be written in both the country’s official languages: English and French.
These are just a few of the legal-related matters a potential franchisor or franchisee has to consider before starting to conduct business in Canada. Franchise attorneys will be able to answer business-specific queries or concerns.
-C.D.
Franchising and Franchise Laws in Canada
Franchising is on the rise in Canada. Franchises make up nearly half of all new retail businesses in the country. Consequently, a lot of individuals and businesses are considering going into the franchise business.Before putting up a franchise business in Canada, a potential franchisor must first be aware of the different Canadian laws that concern the franchising business. A good way to do this is to hire a lawyer in franchise.
A Lawyer in franchise possess the expertise to offer their clients invaluable legal advice relating to the franchising industry in Canada, thus protecting their clients’ business interests. The services they provide are essential not only during the start-up stages of the business, but during the maintenance phases as well. These services include: preparing and reviewing disclosure documents; drafting, reviewing, and negotiating franchise agreements; registering and licensing trademarks; giving advice on application of franchise laws and regulations; and mediating or litigating commercial disputes, among others.
One important thing to note before putting up a franchise business in Canada is that some Canadian federal laws have a direct effect on the franchising business. Take, for example, the Competition Act, which prohibits a person who is engaged in the business of producing or supplying a product or service from influencing upward, or discouraging the reduction, of the price at which any other person offers to supply or advertise a product or service within Canada. What this means is, a franchisor is prohibited from establishing the lowest price at which its franchisee is to offer its products or services. The Consumer Packaging and Labeling Act prescribes policies on how products that are sold or distributed in Canada are packaged and labeled. This law would require franchisors to indicate the country of manufacture and the importer’s name and address for products that are imported. Product labels should also be written in both English and French, Canada’s official languages.
These are just a few of the legal-related matters a potential franchisor or franchisee has to consider before starting to conduct business in Canada. Franchise attorneys will be able to answer business-specific queries or concerns.
-C.D.
CANDIAN ATTORNEY
CANADIAN FRNCHISE ATTORNEY
It can be said that the term of franchise indicates a retail outlet and it is owned by the franchisee. It is an undertaking to take perform third party operations of products and services provided by the franchisor. To undertake such operations, Franchise Agreement is made by both parties. At this juncture, the role of Attorney in Franchise will be a vital role. In other sense, both parties engage different Franchise Attorneys for better protection of their rights. The general attornerys may not have skilled qualifications in franchise laws and canadian laws, yet some franchors and franchisees appoint general attorneys as Franchise Attorneys. When a Canadian Franchise Lawyer specifically available, why should hire general attorneys instead of Canadian Franchise Lawyers.
The General Attorneys for other practicing areas may not provide justifiable service that will perfectly provided by the Franchise Attorneys. In most cases suitable Franchise Attorneys amongst referrals can be found by the HRD of the business organisations. The State of Bar Association of the concerned state will provide list of qualified attorneys who have specialization in Franchise laws. Besides many websites also offer attorney directories. According to area and specializations, the Franchise Attorneys can be found by accessing the relevant websites.
Before selectioin of Candian Franchise Lawyer, the Franchisee organisation ensure that proposed Fanchise Attorney should have sufficient exposure in the Candian franchise Laws. Many services can be offered by Franchise Attorney which include Franchise registratins, franchise agreement, disclosure documents and other related in connection with franchise opoerations. The services that are linked with trademark, service mark, license etc can also be undertaken by Franchise Attorneys. Hence the Franchise Attorneys are required to be hired by Franchisor and Franchisee too.
When Franchise Attorney hired various advantages attached which include providing legal guidance in connection with franchise and distribution systems, providing dispute resolution services of the franchise, effective representation for the areas of sub franchisors, licenses, dealers etc. It is also possible that the. Many areas of practice available to the lawyers, hence the lawyers or attorneys select their area of specialization for effective practice. The practising areas like Franchise, domestic violence and Divorce etc. It is better to hire Franchise Attorney instead general lawyer/attorney.
The Franchisors in Canada must comply the fedeal and provincial laws since Canada consits of ten provinces and three territories. The provincial laws in Canada vary each particularly with Quebec province.
Quebec is dominated by French speaking individuals whereas the majority of Canada is regulated by common law. Therefore, all contracts in Quebec governed by Quebec Civil Code. In all angles of advertisement the usage of French language is inevitable. Unlike other attorneys, the Canadian Franchise Attorneys provide more concentration than other general attorneys/lawyers. Therefore it is better to engage Canadian Franchise Attorneys as they are preferable in respect of frachise operations in Canada.
-A.R.
What’s The Cost Of Franchising Your Business?
The establishment of just one company owned unit is often more than the cost of a complete franchise program. After paying the cost of the franchise program, the remaining costs of expansion (as well as most of the risk) are assumed by franchisees. And since franchisees usually pay the franchisor an up-front fee and royalties, the right strategy for selling your franchise idea can become an immediate high-impact low-risk revenue source
In addition, the fixed and variable expenses involved in running a franchise company are much lower than operating a similar number of company-owned facilities.
You probably already know how much you would pay to establish a new company-owned copy of your existing business.
If you own a restaurant, for example, the cost of buying land and construction, or even the cost of leasehold improvements and furnishings in an existing building, could easily run between $100,000 and $200,000 or more. What you may not know is that for the same amount, or less, you can have a complete franchise development program. And whereas the new company-owned unit might require a year to establish and might not be profitable for another year or two, your franchise program will probably take less than a year to put together and enable you at the end of that period to sell franchises and immediately begin to recoup your investment. If your franchise fee is $35,000—an average nowadays—and if in your first year as a franchisor you sell seven franchises (another average for franchisors according to a study by DePaul University) you could have your program paid for by the end of that first year.
Some businesses are standing by and waiting for this economic storm to blow over while others are positioning their companies to succeed in spite of the downturn.
What are you going to do with your business?Are you going to push forward and expand your business despite what your competitors are doing?How can you take advantage of this opportunity without having to spend your own money to fuel expansion? You need to leverage your intellectual property.Expanding your business by franchising may be the only option for you.
With all of the highly skilled people out of work franchising companies are taking advantage of the greatest supply of highly educated individuals that they have ever seen.The unemployment level may continue to increase over the next few months so this trend may continue for some time. Though, once this recession is over and companies stop laying people off and start hiring them again, you may well have missed your window of opportunity to sell franchises in this fertile environment.
The fact is people have lost faith in what have become accepted as “safe” investments. In spite of losses in 401k’s and home values, people still have money that they can access.People will still borrow funds from family and friends that willingly contribute to a new business venture which has always been a source of new business capital. This will not subside, regardless of the economy.
The challenges of today’s economy may have just created the “perfect storm” and the best opportunity for franchising your business. The greatest fear you should have is sitting back while one of your competitors pushes forward.