How to Franchise Your Business?

How to Franchise Your Business?
Tom DuFore, Executive Vice President at Francorp
Francorp – 1000 Words
10/22/2008
Revised/Edited on 3/6/2009
How to franchise? This is a question that is often asked by many small businesses of all kinds throughout the world. When looking into how to franchise a business there are a number of factors that need to be considered prior to franchising. First we need to further understand what a franchise is and then if our business has the ability to franchise. If after your franchise analysis you determine that your company is capable to franchise then the next steps are to decide whether or not to move forward with franchising and then how do you do it. Let’s take each of these one at a time.
What is a franchise
Franchising is governed by the Federal Trade Commission and according to the FTC Rule 436 a franchise is, “A method of doing business by which a franchisee is granted the right to engage in the business of offering, selling or distributing goods or services under a marketing plan or system prescribed in substantial part by a franchisor and which is substantially associated with the franchisor’s trademark, name, logo or advertising.”
Basically this means that if someone pays you a fee, upfront and/or ongoing for the use of your business name and your business system you most likely fall into the category of being a franchise. If that is the case you will need to comply with the federal franchise law which states you need to have a Uniform Franchise Disclosure Document in place. Please note that there are 23 states that require some form of additional franchise compliance beyond just the federal franchise regulations.
Are You Franchiseable?
To asses if your company can be franchised in the first place there are five criteria to use as general guidelines in assessing the feasibility of your business as a franchise. As always, these criteria are not perfect and may not always be accurate, but they are typically on point. As we always recommend you would do yourself a favor by speaking with a franchise consultant and other professionals regarding this issue. The five criteria are:
1. Do you provide a decent product or service to your customers?
2. Do you have a great system in place to run your operation by? This means the operations, marketing, management, etc.
3. Can you teach someone in a relatively short amount of time, say 1-4 months, how to run the business? Obviously the timeframes will vary based on the complexity of the business model, but the main focus is if you can teach someone.
4. Does your business have a market nationally? Even if you don’t go nationally or intend to do so today, you very well may change your mind five years from now.
5. Can you provide a 15% return on your franchisees initial cash investment and provide them the ability take a manager’s salary if they are an owner/operator?
Do You Want to Franchise?
One of the most important steps components to the entire process is to take a look at you in the mirror and ask, “What do I want to be when I grow up?” What is your is your dream, your aspiration, as a business person? Do you want to be an owner/operator running your one or two unit business for the rest of your life? Or, do you want to become the CEO of a regional, national, or international company? The decision isn’t always easy, nor is it to be taken lightly. This is why seeking proper guidance from a franchise consultant could prove to be useful.
Remember that getting into the franchise industry is a completely new business. You are no longer selling burgers, selling insurance, or competing with 10 other local companies for the same customer that is going to spend maybe $30 or $40. Your customer in the franchising business is going to quit their job, pay around $500,000 for a franchise (including a franchise fee, working capital, equipment, leasehold improvements, etc), and run a franchise. You no longer are in need of having hundreds of customers walk in your operation every day, week, or month. You now need to find just one, two, or three people to buy your franchise each month.
How to Franchise Your Business
So we are finally here, the point of no return. You have concluded from the previous topics that franchising is for your company and it is something that you want to do. Well, in order to franchise your company you are going to need to have a lot of pieces in place in order to make it work. These pieces include a well written franchise business plan, thorough research, legal documents to comply with the franchise laws, an operations manual, a thorough franchise marketing plan, a franchise brochure, and you will need to know how to market, sell, and grow a franchise company. Each and every one of these components is vital and important for you to have done by experts in the franchise field. Subcontracting this out to the lowest bidder or to other folks that outsource the project does not work well in setting up your franchise program the right way. You will want to work with experts that have a turn-key franchise program and that have a track record of success. Just like your franchisees will want to see that you have a good operation, you should look for the same from the franchise people you work with.
One of the most common mistakes business owners make when looking into how to franchise is contacting their local business attorney to have them draft the Uniform Franchise Disclosure Document. While your business lawyer has been good to you, chances are that they do not specialize in franchise law. The other problem this creates is that you will receive a questionnaire from your lawyer asking you what your franchise fee should be, your royalty, territory issues, demographics, initial training, ongoing support, which of franchise structures do you intend to offer, and so on. The point is that legal documents merely DEFINE your franchise program and do not DRIVE it. The business decisions that are made in the franchise business plan are the keys to your success. It is here that the future success of your franchise program can be made or broken. Having great advice at this stage of the game is critical to making your franchise work. This is an area that we at Francorp focus on intently and is one of the main reasons why an average client of ours will sell 33 franchises in their first 3 years of operation as a franchise company.
There are many ways to get the work done that is needed to get into the franchising business, however, this is something that has to be done right the first time! If you make a bad judgment call on your royalty or territory size, your franchise program could very quickly be in jeopardy. This is a brand new business you are looking into and you owe it to yourself to research and find out as much as you can prior to moving forward with franchising. Take the time to make a decision from an informed perspective and be sure to truthfully answer the question, “What do I want to be when I grow up?”
For more information on how to franchise your business you can download a free book called, “Franchising Your Business,” by Don Boroian and Patrick Callaway at www.francorp.com.


For 32 years, Francorp has been the industry leader in the franchise development and consulting industry. We have a unique approach that remains unmatched by any other firm in the world. We have assembled a team of experts whose talents are coordinated seamlessly to create customized materials that fit the specific needs of our clients. Successful systems create successful franchises, and our unique proven method maximizes your chances of success and minimizes costly mistakes. Francorp will handle your program development through your strategic planning, franchise agreement, franchise offering circular, state registrations and filing, marketing plan, internet marketing, operations manual, sales training and management training, all under one roof.