REGISTER
Register your email below to receive our monthly newsletter.
 
 
The Basics Australia About Us Our Community Home


One of the many benefits of owning a franchise is the greater stability of the business compared to new, start-up businesses. Franchisors, having survived their mistakes while developing the franchise and operating their prototype locations, can guide their franchisees so they do not make the same mistakes.

As my cousin quotes Hamlet: "To be, or not to be a franchiser, that is the question. Whether 'tis nobler to start thy own, or borrow someone else's..."
franchise businesses
check list | advantages | disadvantages | what to ask | the UFOC | financial statements | the agreement
Facts At A Glance (relevant for 2004)
  1. Number of Franchise Systems
    There are a total of 747 franchise systems in Australia, as follows: 
    Business format franchise systems - 708 
    Motor vehicle franchise systems - 33 
    Major auto fuel retail franchise systems – 6 
  2. Penetration of Franchising 
    Australia is the most franchised nation per head of population in the world. That is, there are more franchise systems in Australia compared to our population than any other country, and Australia has at least three times as many franchise systems per head of population than the United States.
  3. Turnover
    Total turnover of all franchise systems in Australia in 1998/99 was $76.5 billion.
  4. Number of Franchisees
    There are 49,400 franchised outlets in Australia.
  5. Business Growth
    Franchising created 4,600 new businesses alone in 12 months from mid-1998 to mid-1999.
  6. Employment
    A total of 651,900 people are employed in the franchise sector as follows:
    Business format franchise systems - 553,200.
    Motor vehicle franchise systems - 70,000
    Major auto fuel retail franchise systems - 28,700
    In the four years to 1999, franchising created 400,000 new jobs in Australia.
  7. Age of Franchise Systems in Australia
    The average length of time that current franchise systems have been franchising is eight years.
  8. Franchise Success
    Franchising enjoys a small business success rate more than two and a half times greater than stand-alone small business. Each year, only 1% of franchisees leave their businesses.
  9. Australian International Expansion
    Currently 24% of Australian franchise systems operate overseas, with a further 27% of systems planning to commence foreign operations within the next three years.
  10. Regulation
    Australia introduced the world's first national franchising regulations with the introduction of the Franchising Code of Conduct on July 1, 1998

Source: Franchise Council of Australia 

  go back to where I have clicked from go to the top of this page

A check list
Prior to buying a franchise, potential franchisees should do the following: 
  1. Assess their own reasons for wanting to own a business
  2. Assess the lifestyle and income implications of owning and operating a business
  3. Assess the franchise opportunities consistent with 1 and 2 above. 
  4. Build your understanding of the franchise relationship by reading The Franchisee's Guide, published by the Franchise Council (RRP $16.50 incl GST). 
  5. Narrow your franchise search to a few systems, then request further information. 
  6. If appropriate and you are comfortable with the decision, select a system and commence the application process. 
  7. Ensure you have adequate borrowing capacity, including working capital, to successfully establish this type of business. 
  8. Be sure you receive and evaluate all disclosure material during the application process. 
  9. Be sure you receive legal and accounting advice from lawyers and accountants with franchise experience before making any final commitment. 
  10. Use the cooling-off period to check your facts and figures and determine if you still want to proceed.

If you found this useful, read more from the source website.

  go back to where I have clicked from go to the top of this page

Advantages of Franchising
  1. The franchisee's lack of basic or specialised knowledge is overcome by the training programme of the franchisor.
  2. The franchisee has the incentive of owning their own business with the additional benefit of continuing assistance from the franchisor. 

    The franchisee is an independent businessperson operating within the framework of the franchise system. This provides the opportunity through hard work and effort to maximise the return from their business and the value of their investment. In all franchise networks there are three basic levels of performance, despite the fact that all franchisees are provided with the same raw material. 

    A. There are the high flyers who do extremely well, having the right attitude and approach, as well as some entrepreneurial skill which enables them to make the most of their opportunities.


    B. Then there are the average performers, who operate the system and basically achieve the anticipated performance levels. Their attitude and approach too is sound, but they lack the flair of the high flyers. They will earn a decent living in line with their expectations.

    C. Finally there are those whose performance levels are low. These are people who joined the franchise with the best of intentions, but they now lack the will or the aptitude, or have changed their mind and want to get out of the franchise. They clearly made a mistake in the first place by going into self-employment, and they perhaps deluded themselves into believing that their franchisor would remove all the risk for them.
  3. In most cases, the franchisee's business benefits from operating under a name and reputation (brand image) which is already well established in the mind and eye of the public. Of course, there will be new franchise schemes which are in the process of being established and in which the name will not yet be so well known. This is a factor to recognise and to make allowance for. Picking up a sound, newer franchise in its early stages can be a good proposition but the risks are higher.
  4. The franchisee will usually need less capital than they would if they were setting up a business independently because the franchisor, through their pilot operations, will have eliminated unnecessary expense.
  5. The franchisor provides the franchisee with a range of services which are calculated to ensure, so far as is practicably possible, that the franchisee will enjoy the same or a greater degree of success as the franchisor has achieved. These services will include:
  • The application of developed criteria for site selection and identification of trading location or, if the franchise is based upon a mobile operation, the area of such operation. 
  • Guidance to the franchisee to assist in obtaining occupation rights to the trading location, complying with planning (zoning) laws, preparation of plans for layouts, shop-fitting and refurbishment, and general assistance in calculating the correct level and mix of stock and in the opening launch of the business. 
  • The training of the franchisee and their staff in the operation of the business format and the provision of an operational manual with detailed instructions. 
  • The training of the franchisee and staff in any methods of manufacture and preparation which may be appropriate. 
  • The training of the franchisee in methods of accounting, business controls, marketing promotion and merchandising. 
  • The purchase of equipment. 
  • Guidance in obtaining finance for the establishment of the franchisee's business. 
  • Getting the newly franchised business ready for trading and opened.
  1. The franchisee receives the benefit, on a national scale (if appropriate), of the franchisors' advertising and promotional activities. It is usual for the franchisee to make contribution to the funds which are expended for this purpose.
  2. The franchisee receives the benefit of the bulk purchasing power and negotiating capacity which are available to the franchisor by reason of the existence and size of the franchised network.
  3. The franchisee has at his/her disposal the specialised and highly-skilled knowledge and experience of the franchisor's head office organization while remaining self-employed in their business.
  4. The franchisee's business risk is greatly reduced. However, no franchisee should be under any misapprehension that they are not going to be exposed to business risk because they are under the umbrella of a franchisor. All business undertakings involve risk and a franchised business is no exception. To be successful, the franchisee will still have to work hard, perhaps harder than they ever have done before. The franchisor will never be able to promise great rewards for little effort. The blueprint for carrying on business successfully and profitably can rarely be a blueprint for carrying on a business without working.
  5. The franchisee has the services of the field operational staff of the franchisor who are there to assist with any problems which may arise from time to time in the course of business.
  6. The franchisee has the benefit of the use of the franchisor's patents, trade marks, copyrights, trade secrets, and any secret processes of formulae.
  7. The franchisee has the benefit of the franchisor's continuous research and development programmes, which are designed to improve the business and keep it up-to-date and competitive.
  8. The franchisor assembles the maximum amount of market information and experience which is available to be shared by all franchisees in their system. This gives the franchisee information which would not otherwise be available to them because of its cost or inaccessibility. Indeed, all franchisees contribute to this common fund of knowledge and experience which is available to the whole of the network.
  9. There are sometimes territorial guarantees in appropriate cases which protect a franchisee from competition from the franchisor and other franchisees of the franchise within a defined area around the franchisee's business address and in the case of a mobile franchise, a defined area of operation.
  10. The recognition by the banks of the advantages of franchise financing have made lending sources and terms available to franchisees which are more attractive than those offered to a non-franchised new businesses.

  go back to where I have clicked from go to the top of this page

Disadvantages of Franchising

  1. Inevitably, the relationship between the franchisor and franchisee must involve the imposition of controls. These controls will regulate the quality of the service or products to be provided or sold by the franchisee to the consumer. It has been mentioned previously that the franchisee will own his own business. However, the business which they own is one which they are licensed to carry out in accordance with the terms of their contract. They must accept that in return for the advantages enjoyed by them, by virtue of their association with the franchisor and all the other franchisees, control of quality and standards is essential. 

    Each bad franchisee has an adverse effect, not only on his own business, but indirectly on the whole of the franchised chain and as such, all other franchisees. The franchisor, will, therefore, impose standards and demand that they are maintained so that the maximum benefit is derived by his franchisee (and indirectly the whole of the franchised chain) from the operation of the franchisee's business. This is not to say that the franchisee will not be able to make any contribution, or to impose their own personality on their business. Most franchisors do encourage their franchisees to make contributions to the development of the business of the franchised chain which their individual talent and qualities permit.
  2. The franchisee will have to pay the franchisor for the services provided and for the use of the system, i.e. the initial franchise fee and continuing franchise fees. 
  3. The prospective franchisee may find it difficult to assess the quality of the franchisor. This factor must be weighed very carefully by the potential franchisee for it can affect the franchisee in two ways. 

    A. Firstly, the franchisor's offer of a business-format package may not amount to what it appears to be on the surface. 
    B. Secondly, the franchisor may be unable to maintain the continuing services which the franchisee is likely to need in order to sustain their business. These aspects will be discussed in detail in a later chapter.
  4. The franchise contract will contain some restrictions against the sale or transfer of the franchised business. This is clear inhibition of the franchisee's ability to deal with their own business but, as with most of the restrictions, there is a proper reason for it. This provision is in the contract because the franchisor will have already been most meticulous in their choice of the franchisee as the original holder of the franchise for this particular outlet. Why then should they be any less meticulous in their approval of a replacement? Naturally, they will want to be satisfied that any successor to the original franchisee is equally suitable for that purpose. 

    In practice, there is normally very little difficulty in the achievement of successful assignments of the franchised business. Some agreements provide for the payment of fees to the franchisor to cover the costs of dealing with applications and training the new, replacement franchisees.
  5. The franchisee may find themselves becoming too dependent upon the franchisor and fail to produce the personal drive which the system provides. Some franchisees lose their perspective. They delude themselves into believing that the franchisor has a duty to be so concerned about their particular business as to ensure that it has a flow of customers, and to provide a day-to-day involvement which is inconsistent with franchising as a concept.
  6. The franchisor's policies may affect the franchisee's profitability. For example, the franchisor may wish to see his franchisee build up to a higher turnover from which he gets his continuing franchise fee, while the franchisee may be more concerned with increasing his profitability, which does not always necessarily follow from increased turnover.
  7. The franchisor may make mistakes in their policies. They may arrive at decisions relating to innovations in the business which turn out to be unsuccessful and detrimental to the franchisee. This is why franchisors are always urged to market test innovations thoroughly in their own company-owned outlets and to be able to demonstrate to franchisees the cost effectiveness of introducing new ideas.
  8. The good name of the franchised business and its brand imaged may become less reputable for reasons beyond their own control.

Source: Franchise Council of Australia: www.franchise.org.au

  go back to where I have clicked from go to the top of this page

What to ask the Franchisor
During your interview, you really want to concentrate on some key areas that will help you determine the strength of the franchise: 
  • Ask what the pretax net profits of existing operations are and compare them against the earnings statement or pro forma that the franchisor has already supplied you. 
  • Find out what is included in the training program, field assistance, store design, facility construction, site selection, and feasibility studies. 
  • What other vital information do you need to know before you purchase your franchise? Read Franchisor Checklist to find out. 
  • Will there be any additional working capital required after the initial fee and investment, and if so, how much? 
  • How will the franchisor arrange for the supply of product to the business? Ask to see a current price sheet.
  • Ask the franchisor to detail exactly what the territorial restrictions and protections are. 
  • Find out how many franchises have been sold to investors in the state you will be operating in during the last 12 months, and how many have opened a franchised business in that time. 
  • Ask if the company has any plans for further expansion in the state. Has it identified any locations it plans to develop? 
  • If purchasing a current franchise, ask to see the operating books and records of the business for the past two years. 
  • What type of support will the franchisor provide once your franchise has opened its doors? 
  • Find out if any franchisees have been terminated. If some have, have the franchisor detail the reasons. Have any franchisees failed or gone bankrupt? 
  • What kind of financing is available from the franchisor, if any? 
  • Find out if there are any current lawsuits pending against the franchisor. Have them elaborate on any past judgments. 
  • Find out how disputes between the franchisor and franchisees are settled. 

Will the franchisor assist in site selection? It will be of enormous help if it does.Whether it does or not, do your own demographic study so you are familiar with the profile of the audience within the market area. 

Don't be afraid to ask questions. And don't be afraid that you'll appear foolish because, frankly, very few people understand the franchise agreement or the UFOC in full. Primarily, you're trying to pinpoint any problems that may exist in a franchise. Don't just settle on any franchise. 

If you run across a franchisor that is reluctant to pass along a list of current franchisees, makes promises that you'll earn a fortune on a limited investment, insists on deposits for holding a franchise unit, tries to convince you to sign before someone else does, or is full of empty rhetoric when answering your questions, head for the door. These are franchisors that are probably trying to pull a fast one to get your money. 

  go back to where I have clicked from go to the top of this page

Key items in Uniform Franchise Offering Circular (UFOC)
Not all the information in the UFOC is enlightening or particularly useful, but you can dig out much that is. Look for this key information as you read:

Item 2 describes the business background of the officers, directors and managers of the franchise company. Scan these summaries to get an idea of their experience.

Item 3 summarizes the litigation background of the franchisor and the people listed in Item 2. If there have been actions taken by state or federal enforcement agencies, or if private lawsuits relevant to the franchise system have been filed against the franchisor in the past 10 years, they are summarized in this section. If you find a significant number of actions, especially where franchisees have sued the company, make a note to investigate further.

Item 4 lists any bankruptcies in the bckgrnds of either the franchisor or the people listed in Item 2.

Items 5 and 6 summarize the initial franchise fees, ongoing royalty fees and other charges franchisees must pay. If the initial fees have been negotiated in the past year, that will be disclosed in Item 5.

Item 7 presents the franchisor's estimate of the typical total investment by the franchisee, in chart form. You will need this key information when you prepare your own business plan or seek financing for the franchise. Be sure you review this information with your accountant.

Item 8 discloses the restrictions placed on the franchisee's purchase of supplies and product inventory for resale in the franchised business. It also presents information about rebates generated by franchisee purchases and the portion of the franchisor's revenue that comes from purchases made from the franchise company. If it looks like most of the franchisor's revenue comes from franchisee purchases, find out from other franchisees if products are fairly priced and effectively delivered. Supply arrangements are a vital aspect of running a franchise, so make sure the system works well.

Item 10 discusses financing. Many franchisors either provide financing to franchisees or make special arrangements with banks or other lenders to assist franchisees. Even if there is no mention of special financing arrangements in this item, ask the franchisor about them.

Item 11, the longest section in the document, highlights the franchisor's obligations to the franchisee under the franchise agreement. It also describes required computer equipment purchases and the initial training program.

Item 12 explains territorial rights. Make sure you understand exactly what rights you have, both inside and outside any designated territory. If the franchisor reserves the right in this item to distribute competing products or services through other channels of distribution, find out what this means and how the company intends to use that right.

Item 13 reveals details about the trademark licensed to franchisees. Is it federally registered or is registration pending? If it isn't effectively registered, the franchisor--and you--may have problems with it down the road.

Item 19 reveals earnings claims. This key section shows what kinds of sales or profits other franchise owners have made, if the franchisor chooses to supply the information. Most don't. If a franchisor does provide this information, it must also provide data to prove the claims upon your request. If no performance information appears here, find out why. It may be because the performance of franchisees does not paint a very attractive picture, or it could simply be that earnings vary widely from one region to another or one franchisee to another. Ask franchisees about their sales and profits; most are happy to share their experiences.

Item 20 contains system-wide statistical information, such as how many new businesses have opened over the past three years and how many franchise owners have left the system over the same period of time. This section also contains a list of the names, addresses and telephone numbers of current franchisees and those who have left the system in the past year. Call them.

  go back to where I have clicked from go to the top of this page
Financial Statements
One of the UFOC's strengths is that it delivers three years of audited financial information about the franchisor. Item 21 of the offering circular should include the balance sheet for the most recent fiscal year and an income statement, as well as changes in financial position for the most recent three years. These financial statements are audited reports prepared by a certified public accountant. Subsidiaries are allowed to use a parent's financial information, but only if the parent corporation will guarantee the obligations of the subsidiary franchisor.

The sample pro forma operating statement provides a forecast of projected sales and expenses that might be incurred by a franchisee in the geographical zone where the unit might be located. Very few franchisors provide this information or make any earnings claim. In part this is because such claims must be substantiated by backup data, according to the FTC.

Earnings claims must represent what the average franchisee can achieve, not what one unit made in the program. They can never guarantee that any franchise will achieve a stated level of performance. Data from nearby franchisees can be used, or data from franchisees in an area similar to yours from a demographic, socio-economic or location standpoint.

The sample pro forma will be accompanied by a caution label required by the FTC. It contains the following caution: "These figures are only estimates of what we think you may earn. There is no assurance you'll do as well. If you rely on our figures, you must accept the risk of not doing as well."

Although many franchisors are reluctant to provide earnings projections, insist on seeing one. You'll need a realistic forecast that states what your income and expenses might be. Take caution to heart also. Don't simply rely on these figures as an accurate basis for projected income and expenses. Cross-check the data as much as possible. When interviewing other franchisees, ask them what their income and expenses are. In addition, talk to industry associations and independents involved in the type of business you will be purchasing.

  go back to where I have clicked from go to the top of this page
Uniformity and the Franchise Agreement
The franchise agreement is the foundation on which your franchise is built. It gives both parties a clear understanding of the basis on which they're going to operate. It should ensure uniformity to protect the franchisee as well as the franchisor. Remember, your business is only as good as that same business down the street or in the next town. If people have a bad experience with another franchisee, the odds are they're not going to want to do business with you either.

There's an obligation on your part to sustain this uniformity. This agreement establishes standards of operation including what quality products you're going to use and what quality services you must provide. It eliminates future problems and has a deterrent value. A lot of problems can be avoided if you know that a certain activity would violate the franchise agreement. The company won't try to do something to you that it knows is a violation of the agreement. By the same token, you may not try to do something that you know is a violation.

The franchise agreement provides for remedies in the event of defaults. It outlines what will happen if you do something wrong, including the steps and notices the company must give you. After the company gives you this notice, how much time do you have and why? If you don't agree with the demands, what recourse do you have? The franchise agreement provides for all of this.

What Should the Franchise Agreement Include? 

The following information is inherent to an agreement:
It states that you're a part of the franchise and have a certain fixed fee to pay as part of the consideration. It has location provisions. The company will have the right to approve sites. If the company desires, it will have the right to go on a direct lease. In some instances, your franchise agreement might even be tied to a lease directly. The company will determine what the plans and specifications of the general location should be, and will provide that your equipment conform to company specifications.

By the same token, the company has the responsibility to assist you in site and equipment selection and in the general layout of your business, so you can have every opportunity to succeed. That's part of the franchisor's obligation and is stated in most franchise agreements. The agreement will have a section covering the use of the proprietary market and the use of the franchise name. Franchisors will provide that you may not contest their right to the use of that name and will also provide that you must notify the franchisor if somebody else is using the franchisor's name in your area. The agreement will require that you conform to the operating manual and use the products, systems and supplies specified by the company.

Here we get into an area of trust. For example, a franchisor can't require you to buy a product that's available at a better price somewhere else. That's in violation of antitrust laws. These laws have become a great concern to franchisors, since some have gone out of business because they violated those laws and were sued by franchisees.

 go back to where I have clicked from go to the top of this page
Further reading
  1. Click here to read "To franchise or not", addressing the merits of franchising.
  2. Click here to read "Finding the right franchise for you".
  3. The Franchise Council of Australia: www.franchise.org.au 
  4. Australian Franchise Opportunities Exchange: www.franchisedirectory.com.au

 go back to where I have clicked from go to the top of this page

The Basics Australia About Us Our Community Home