Franchise success
by: TFW Bureau
Examine the franchisor and franchise: gather as much information as you can about the franchisor, which is possible only by asking the right questions.
Analyse and evaluate your options: franchisor`s answers to your questions, information gathered from the disclosure statement and a one-to-one interaction between the franchisor and the franchisee will form the basis of analysis.
Franchise advantage
What is the advantage of a franchise business over other businesses?
Well, if you have opted for a franchise business, you may have a reason for doing so. I can spell out a number of powerful incentives that may motivate you as a prospective franchisee to take up this business. Out of the many advantages, some are:
Time-tested success which is a result of years of trials and errors.
You are a part of a team rather than in an individual business, so help from experts in the business is imminent.
The reward of profit or personal gain is a strong incentive for the franchisee. Return and reward on your investment will compensate for your time and money invested.
Independence in this business is based on standardised procedures. This is especially beneficial for salaried people who leave their jobs to get into a business.
Owning your own business is the greatest satisfaction - the satisfaction of enjoying the fruits of your hard work is an indescribable pleasure.
Franchise agreement
On what legal parameters is a `franchise agreement` drafted?
A franchise agreement is essentially the very basis of defining the franchise relationship between the franchisor and the franchisee. The legal agreement which governs the relationship is termed as a franchise agreement. In the absence of any well-defined specific legislative enactment or rules governing franchising in India, it is of paramount importance that the franchise is structured in such a manner, that it fits around the rules and regulations that best protect the interest, rights and obligations of the parties to the agreement. Prior to entering into a customised franchise agreement, one needs to ensure that the agreement aims at the following:
Defines and describes the rights of the parties
Sets the framework for the conduct of the parties to the relationship
Regulates the relationship between the franchisor and the franchisee
Monitors quality and standards
Protects the Intellectual Property
Offers protection and recourse to the franchisor and the franchisee against breach of agreement by either party
Franchisor`s obligations
What are the typical clauses that govern a `franchisor`s obligations`?
The typical clauses which govern a franchisor`s obligations are:
Disclosure of business system
Defining the start-up procedure
Not to derogate from the commitment of providing the franchisee with the business traits
Supply of training
Supply of ongoing support to the franchisees
Consultation with franchisees
Availability of key franchisor personnel to the franchisee
General advertising
Maintenance of Intellectual Property

