January 2019 – Franchising POC

Network Marketing A Business Model Comparable To Franchising

Posted on January 29, 2019 by blogger

Network Marketing is really a reasonable small business type which offers features similar to franchising. However the gain it offers compared to standard franchising involves a cost-effective entry level and huge income possibility.

Simply what kinds of individuals are fascinated to a network marketing company? Typically the types of people that find themselves fascinated in the direction of network marketing are disappointed in their specific occupations and have generally not attained the level of accomplishment they expected. These folks look at being employed as being troublesome and including lengthy hours. These people have furthermore been unfulfilled due to the fact of their income and what the foreseeable opportunity secures on their account. They possess nominal understanding of acquiring his or her own business and most likely would not have the resources to speculate in starting and operating his or her business. Regularly they have 0 % direct understanding of sales or of business development.

Therefore once they launch their network marketing career they often make some errors. They make an effort to use social settings to market their products and while doing that attempt to oversell. Often they’re inaccurate within their statements. This leads to an air of desperation and scarcity of trust. The main objective is purely on acquiring clients rather than developing and maintaining existing ones.

Shifting forward in the direction of network marketing should to be regarded as if you’re just as establishing a personal business. Consequently you have to be ready to produce know-how in many aspects of operating your own company. A substantial dedication is needed related to training on your own, on marketing and advertising techniques, social networking abilities, economic planning, effective time management abilities etc.

The actual procedures should additionally be set up to operate your business. The personal home office environment, your telecommunications programs, the way you promote yourself, your marketing methods, the way you take command of your budget, etc., will all mount up to how prosperous you will end up. Although becoming self-employed an individual will have to acquire the inspirational skills and perseverance to guarantee being successful. This is frequently is made easier by making use of a network or community.

The particular processes ought to furthermore be set up to run your company. The individual home office surroundings, your telecoms programs, the way you showcase yourself, your internet marketing techniques, the way you take on control of your finances, etc., may all mount up to exactly how profitable you will end up. While being self-employed a person will certainly have to gain the inspiring skills and conviction to ensure being triumphant. This is regularly made easier by making use of a network or community.

Franchising Vs. Licensing A Business

Posted on January 23, 2019 by blogger

FRANCHISE VS. LICENSE

What’s the difference between franchising vs. licensing a business? Is a license business model really different from a franchise business model? Whether you’re a franchise attorney or not, the starting point in any analysis is to consider the legal aspects, then the business aspects. This article focuses on the legal aspects. A franchise always includes a license of the brand and operating methods, along with assistance (training, an operations manual, etc.) or support (providing advice, quality control, inspections, etc.). A license that is supposedly “not a franchise” but contains these elements, is a disguised, illegal franchise with significant legal ramifications and risk.

REGULATORY BACKDROP

In considering the legal aspects, begin with the following premise that applies to both options:
If you put someone into business (or allow them to use your business brand/mark) this transaction will normally be a regulated activity, subject to substantial penalties for noncompliance. If it looks like a duck and walks like a duck, it’s a duck. This guiding legal principle (and common sense), coupled with the business aspects of selling a franchise vs. a license (discussed below) will answer most questions.

FRANCHISE & BUSINESS OPPORTUNITY LAWS

Why does regulation exist? Arising from the ashes of documented past abuses, where tens of thousands of individuals lost all of their worth by investing in nonexistent or worthless business endeavors, the government has devised two principal consumer protection mechanisms:

(1) franchise disclosure-registration laws; and
(2) business opportunity laws.

The thrust of these laws is to require sellers to give potential buyers enough pre-sale information so informed investment decisions can be made before money changes hands, contracts are signed and sizable financial commitments are undertaken. It doesn’t matter what terms are used by the parties in contracts or other documents to describe their relationship. For example, the contract may call the relationship a license, a distributorship, a joint venture, a dealership, independent contractors, consulting, etc., or the parties may form a limited partnership or a corporation. This is entirely irrelevant in the eyes of governmental regulators,. Their focus is not on semantics, but whether a small number of defining elements are present or not. Today sellers are subject to a complex web of regulations that differ from the federal level to the state level and even differ widely from state to state. Murphy advises through Franchise my business.

DON’T FALL FOR TODAY’S SUCKER PLAY

The internet is filled with statements like “Compare high cost franchising to low cost licensing.” Firms or individuals that say calling it a “license” dispenses with legal regulations are delusional and wrong for at least three reasons:

(1) Common Sense – if it was really that easy, everyone would be doing it that way. The 3,000-plus companies that are franchising are not stupid. Many can afford the very best legal talent available. It’s not a coincidence they’re all franchising and not licensing;

(2) Even if the relationship can be structured so it doesn’t fall within the definition of a “franchise,” the backup regulatory protection mechanism – business opportunity laws (discussed below) – will certainly apply. And complying with these is a lot more expensive than going the franchise route; and

(3) Any analysis must include federal law (franchise and business opportunity) as well as applicable state laws covering the same dual prongs (franchise and business opportunity).

This all reminds me of some financial planners who still advise their U.S. clients that filing U.S. income tax returns is not required under their interpretation of the U.S. Constitution. It just doesn’t work that way. Actually it does work, but only until the IRS catches up.

The “licensing avoids franchise regulations” spin (which, not surprisingly, is not accepted in the legal community) also only works until the company gets caught. The logic (not) goes something like this: licensing arises under contract law, not franchise law and therefore franchise law doesn’t apply. Sound’s just like the “you don’t have to file a tax return because tax laws don’t apply” argument.

REAL LIFE EXAMPLES

A license attorney prepared a dealer license agreement and ignored the FTC Franchise Rule disclosure requirements (“licensing arises under contract law, not franchise law”). The dealers became disgruntled and hired a litigation attorney who sued the company for, not surprisingly, selling disguised illegal franchises. It cost the company $750,000 to go to trial in federal court to answer the question “Is our license contract an illegal franchise?”

“Is our license really a disguised, illegal franchise?” is always a very expensive question to answer. Unless spending $750,000 is your idea of a good investment. Trying an end run around the franchise disclosure laws by calling it a “license” or a “dealership” may be a cheaper way to go initially. But it’s only a question of when (not if) you will be caught. Be prepared to spend mind-boggling amounts down the road when the disguised illegal franchise is challenged for what it really is.

In a 2008 case, Otto Dental Supply, Inc. v. Kerr Corp., 2008 WL 410630 (E.D. Ark. 2/13/08) another disguised franchise vs. a license was at issue. The company claimed it sold just a license, not a franchise and the franchise laws simply didn’t apply. It made a motion for summary judgment to have the case thrown out of court.

The federal Eastern District Court ruled against the company and ordered the case forward. It said whether or not the license was really a franchise was up to a jury to decide. Jurors are like most of us, and apply common sense to the simple defining elements of a franchise. They are not swayed by semantic arguments like “licensing arises under contract law, not franchise law and therefore franchise law doesn’t apply.” Another very expensive franchise vs. license learning lesson.

And here’s a final example. In Current Technology Concepts Inc. v. Irie Enterprises Inc. the Minnesota Supreme Court concluded a licensing arrangement was a franchise and held the franchise company liable for damages in the amount of $1.3 million for violating the Minnesota Franchise Law.

Hearing “after the fact” that the arrangement was an accidental, illegal franchise and you’re liable for $1.3 million was the last thing that company ever wanted to hear. Perhaps they got themselves into this mess by listening to statements found on the internet that franchising is expensive and licensing inexpensive. Again, if something sound’s too good to be true, it usually is and this should be a big flashing red light.

ROOTS OF LICENSING

It is important to remember the roots of licensing: artwork and character licensing – where the owner (licensor) grants permission to copy and distribute copyrighted works, such as allowing Mickey Mouse to appear on t-shirts and coffee mugs.

The most recent explosion in license law is the licensing of software on personal computers. Or, the owner of a trademark allows another a license to use its mark as a way of settling a trademark infringement suit. These are common and accepted forms of licensing. However, the attempt to use licensing as an end-run around the franchise laws is a corrupted use licensing was never intended for.

This is not to say licensing a business may be a viable option in foreign (out of U.S.) transactions where U.S. laws don’t apply – but these are a very small minority. Most transactions and contracts cover U.S. activities and residents, so the franchise vs. license question is usually an easy one to answer.

Should You Start a New Business or Go the Franchising Route

Posted on January 17, 2019 by blogger

Starting a business is a huge risk, but the payoff could be huge if your business succeeds. However, many are wary about starting a business from scratch because they think that it’s riskier compared with going into the franchising business. Some people think that buying a franchise is more advisable because there’s an established market. There are benefits of starting your own business from the ground up; for instance, you don’t have to worry about franchising fees or royalties. However, you might have to work extra hard before you get significant return on investment. This could be a huge disadvantage. This is not to say that it’s guaranteed that you’ll get rich instantly with a business franchise; it’s like any type of business, so this means there are huge risks as well. The difference is the fact that you’ll be working with a business that has a reputation and a customer base. Some people think profit from franchising is considerable because you’ll be working on a tried and tested business idea. You don’t have to work too hard on increasing brand awareness because people are also more familiar with the products or services that you offer. Aside from the potential profit, starting a franchise gives you more flexible hours. You can now have more free time to spend with your family and improve your lifestyle. If you are not sure whether or not you should start a new business or invest on an established one, you could consult a business coach. These people can tell a clearer picture and inform you about the risks and rewards of choosing either one. If you choose to buy a franchise, make sure that you read the company profile and see if you’ll have greater return on investment with it. Careful research goes a long way, and you could lessen the risk by choosing a franchise that’s under an industry that you’re more familiar with. If you want to try your luck on a new business, you should research on market trends and try to offer something new. There are advantages and disadvantages of starting a new business or buying a franchise. You need to assess your particular situation and see which one is more suitable so that you can be successful. If you want to learn more information on the subject, you can go to entrepreneur.com or franchises.about.com.

Booming Franchise Business In India

Posted on January 15, 2019 by blogger

Franchise business in India.

Buying a franchise in India is one of the safest and the most lucrative business options for investors. A new emerging market, the booming economy and increased technological advancements beckon investors to come and open their franchises in this beautiful country

Sixteen years ago in India, a McDonalds burger was a thing that people dreamt about. International travellers used to narrate tales about enjoying scrumptious Italian pizzas, delicious fried chicken or other such delicacies in their travels abroad; stuff a middle class Indian could only fantasize about. Nowadays, the story has changed. The advent of technology and globalization has made India a darling of investors from far away lands. The geographical diversity and enormity of the country have been a great factor in the increased franchising opportunities in India. Many companies like McDonalds, Pizza Hut, Barista and HP are already well known players in the franchising market.

Researches have proven that franchise business is one of the safest and the most profitable businesses as it involves less investment and more returns. Due to the enhanced communications systems, everyone knows and recognizes big brands and established companies. Hence, the marketing and advertising costs involved in franchising are comparatively low. India is one of the most coveted countries for such franchise opportunities due to its size, diversity and the emerging middle class, . The multinational stalwarts in various fields like food and beverages, power supply and many other industries are looking for people who can help them to set up their franchise in India.

The United Nations Conference on Trade and Development or UNCTAD has revealed that India is one of the fore most Asian countries for direct investments. In other words, India is a profitable and lucrative prospect for investments and franchise opportunities. One of the main reasons for this is the untapped Indian market. The metro cities have their share of Baristas and Dominos but the interiors are virtually untapped. The increased accessibility between various parts of the country have also enhanced the franchise prospects in the interiors. Otherwise, who could think of coca-cola being available in the high Himalayas or the deserts of Rajasthan? Moreover, the growing purchasing power of the middle class and the recent economic boom has created a lot of demand for new outlets in all sectors.
India is still in its early days of consumerism. Experts believe that India is in fact sitting on a massive, massive consumer explosion. By 2028 India is pegged to have the fifth largest consumer economy in the world, thanks to a holistic performance by the country in most sectors and a favorable business climate. If you think India is already swamped with big multi national companies, think again. Worldwide brands are really just now coming into the country and if there was any right moment for Indian entrepreneurs to wrest the opportunity to tap for growth and expansion, this is it. This is precisely why you must go ahead and buy a franchise.

Sapphire broking & events wish that with this information you will be able to get fair idea about franchise market in India.

Disadvantages Of Franchising Your Business

Posted on January 10, 2019 by blogger

A franchise is a business arrangement in which the owner of a business (franchisor) grants certain rights of that business to another party (franchisee) in exchange for financial consideration. It is a common method of expanding a proven business, although it also has specific disadvantages. These primarily include the amount of preparation required to create a franchise, the reduction of income in the short term and the loss of control over the franchisees.

Preparation

Franchising requires considerable preparation in order to have the best chance of success. You will need to run a pilot operation separately from your main business for a sufficient period to ensure you are using a sound business model. This model must be simple to learn, yet not so simple that competitors can easily copy it. The following problems are common when preparing a franchise:

The business produces a widely available product.
The franchisors are not capable of running the business according to your model.
You incur a moral obligation to ensure the franchisee is successful.
Insufficient support staff during the franchise’s startup period.
Profit

The business must generate sufficient profits for franchising to be worthwhile for both the franchisee and franchisor. A business with low gross profits is usually a poor choice for franchising, unless you are able to generate turnover quickly. The franchisees must earn sufficient income to pay the franchise fee to the franchisor, while still making a profit commensurate with their investment of time and money. The challenges in making a sufficient profit with a franchise include the following:

Franchisees must remain competitive while still making the franchise fee
A high franchise fee reduces the pool of possible franchisees.
The branches of a franchise generally produce a lower income than company-owned chain.
The growth of the franchise depends on the franchisor’s ability to attract the qualified franchisees.
A franchise requires startup capital until it begins making a profit.
Control

The franchisor must give up a certain degree of control over the operation of the outlets. This creates the following requirements for the franchisor:

Conduct regular audits to ensure the franchisees do not underreport the receipts. This is essential, since the turnover determines the franchise fees.
Develop instruction manuals that describe your business model.
Engage in regular communcation with the franchisees to ensure they are following those instructions.
Allow franchisees to use the trademarks and business system of the parent company.
Conclusion

Franchising is most suitable for businesses with a high startup cost, such as Domino’s Pizza, Kentucky Fried Chicken and McDonalds. Small businesses typically have greater difficulty with duplicating their business models when they create franchises. This often means the franchisee spends too much time and money supporting the franchisors.