Category: Franchise Marketing

Franchise Development via Social Media: Let the Journey Begin!

This week, a great deal of time will be spent on this site focusing on Franchise Development via Social Media. I’ll address the basics and identify how to integrate Web 2.0 technology and tools with traditional franchise marketing and development methods. The ultimate goal and objective to be achieved by these efforts will be to provide franchisors an effective way to generate franchise sales in today’s economic environment and beyond.

Now, before proceeding on our exciting journey, let’s not lose site of basic sales skills and the fact that franchise candidates must be treated professionally and with a sense of urgency. To that end, as a primer to this week’s journey of Franchise Development via Social Media, I am reposting below, the recent article posted on this site that referred to Franchise Update’s mystery shopping of franchise companies. Let’s keep the results focused in our minds and understand, regardless of what methods generate interest in a franchise concept, it still takes personal attention to detail, extreme professionalism, and diligent follow-up to successfully move any interested party from franchise candidate to franchisee.

Your participation is greatly encouraged and will certainly be appreciated. Please submit all comments and questions in the appropriate section at any time during the journey and I’ll respond as quickly as possible but definitely before the next day’s segment. I anticipate four segments in all, with one each evening through Thursday of this week. That will provide more than enough information to ponder over the upcoming Memorial Day weekend.

Without further delay, let the journey begin!

lagging-salesWhy Are Franchise Sales Lagging?
originally posted on this site March 24, 2009

Besides the obvious factors of economic uncertainty and tight credit, what other factors are contributing to dismal franchise sales across the industry? Are we contributing to the problem? Are we doing a disservice to franchise candidates, the very people exploring options for a better future?

Recently, Franchise Update’s own mystery shopping (posing as a qualified buyer and phoning in and emailing to 148 franchise companies who represented 57,000 units) revealed such fundamental flaws as:

no callback within 48 hours (58%);
not taking a name (24%);
not taking a phone number (45%) or email address (40%); and
not asking for a time frame for buying/opening a franchise (67%).

The ironic thing is that the industry routinely pays out 20-30-40% commission on franchise sales.

In light of recent poor performance and, high expense in actually awarding a franchise, can the franchise industry continue its franchise development efforts in the same manner as it has for the past ten or so years AND expect to grow?

Women, Social Media and Franchising: A Winning Combination?

Women, more than their male counterparts, have embraced social media as an integral part of their typical day. From getting their news online to communicating with family and friends on social networking sites to blogging about their personal and business experiences, women are spending more time than ever before on the internet.

women get it rightAs more and more women explore franchising as a career alternative, choosing to control their own destiny, franchisors must market directly to this rapidly-growing group of opportunity seekers. Joining the force of today’s more sophisticated, educated and technologically advanced transitioning corporate executives, women will use social media to explore and investigate franchise opportunities. Tending to be more diligent and thorough than men in general, women relish relationship building and sharing of information making social media marketing perfect to attract female franchise candidates.

The article below details the continued usage of social media by the female population. Franchisors should pay close attention to the various stats provided by the author and make social media marketing a key component of their franchise marketing and development strategy.

42 Million U.S. Women Use Social Media: Blogs Most Influential
By Anita Campbell on Small Biz Trends May 10, 2009

Is the jury still out in your mind as to whether social media matters in business? If so, a recent survey might make you change your mind. In fact, it may cause you to re-think your entire marketing outreach, especially if you market to women.

The study found that 42 million women in the United States (roughly 53% of the 79 million adult women in the United States who use the Internet) participate in social media at least weekly. As they spend more time with social media, women are spending correspondingly less time with traditional media: 39% less on newspapers, 36% less time reading magazines, and 30% less time watching TV.

That’s according to a recent social media survey by BlogHer, the women’s blog network, along with iVillage and Compass Partners.

Read the entire article here

Regional Franchise Development as a Growth Strategy

PowerHouse FranchisingThe following article, the first in a series of articles on the subject of Regional Franchise Development as a Growth Strategy, has been submitted by franchisEssentials Guest Author, Dan Durney, Partner and Co-Founder of PowerHouse Franchising. Dan has a wealth of business and franchise experience including:

•Expert in analyzing business opportunities and clearly explaining the details in a clear and concise manner.
•Thoroughly enjoys the “exploratory” phase of business qualification where the goals, expectations and capabilities of the individuals seeking to be in business for themselves, but not by themselves, are matched up with the individuals who are looking for partners to help launch their concept.
•Directing the development of the current Internet strategy for PowerHouse Franchising, including enhanced pipeline and lead-generation reporting.
•Currently owns multiple Regional Development Concepts in the U.S.
•Experienced (and entertaining) presenter for conferences, training seminars and business opportunity expos.
•Prior experience in sales and support to large Corporate Enterprise customers as well as small “mom and pop” operations allows for comprehensive understanding of today’s business climate.
•Has started and successfully run three separate businesses (Telecom, IT training, & Marketing).

franchisEssentials is pleased to have Dan as a Guest Author and we look forward to posting additional articles in the future from Dan and his excellent team at PowerHouse Franchising.

Regional Franchise Development as a Growth Strategy

It’s not for everyone to be sure. In fact, it’s for very few. Estimates range from 3-5% of all franchisors use this method of growth as a corporate strategy. Maybe, only about 15% even should consider it. However, when the right franchise concept, with a dynamic business model and strong unit economics embrace it… it can be MAGIC and make the brand a “Force” to be reckoned with.

Regional Development SampleWhat is Regional Franchise Development? Do we know it by any other name? Oh yes we do – Regional Representative, Area Director, Area Representative and of course Master Franchising. Oh ok, now I’ve heard of those – so what’s the difference? Basically, not much but if the Franchisor shares the Franchise Fees, Royalties and sometimes Distribution income with these Strategic Market “Partners” (legal guys – please don’t sweat the use of “Partner” here – I use it mainly for illustration purposes and not strict legal definition – thanks!) then you have the makings of a Challenging, exciting and VERY rewarding business building opportunity – both for the Franchisor and for the Regional Developer (RD) (we’ll stick with this Acronym for these articles).

We’ll start off this series by discussing WHY a Franchisor would decide to develop their brand this way and what they can expect to see in terms of growth and infrastructure development. Then we’ll explore what benefits (branding, revenue opportunities, etc.) are in store for the company, the RD and the Franchisees too.

FOUR Reasons for a Franchisor to Consider Regional Development as a Growth Strategy

1) Faster Growth – more sales efforts in each Region.

2) Lower Corporate overhead costs – staff up to support approximately 60 Regional Developers.

3) Greater collective EXPERIENCE of Regional Developers brings more objective input with local experience. No ”Ivory Tower” syndrome.

4) Better ongoing franchisee support with costs pushed out to the Regional Developers.

The RD has an incentive to develop the Region as quickly as possible; therefore the franchise recruiting efforts can begin immediately within the local market. Using Business Brokers, Franchise Consultants, Local Networking, Online Portals, Classic Advertising, Social Media (I won’t even get started on THAT here), etc. are some ways to find the most interested, qualified and “ready to move” candidates. Of course, once the “Pilot Unit” is open, customers of many concepts have become franchisees themselves after experiencing the products / services of the franchise as a consumer.

Imagine the growth curve for the franchisor as the RDs begin to recruit in their local market – face to face – filtering out the unqualified and presenting the ones who are properly vetted to the franchisor for approval. What kind of candidate would an RD be looking for? One with whom they feel they can work well together, who will be a TEAM PLAYER in the market with the other franchisees, and will be receptive to coaching and mentoring that the RD will provide.

What would the Franchisor’s costs be to hire, train, house, and compensate franchise sales people to accomplish the same thing? The Franchisors who “do the math” clearly understand this concept. It can result in strong, controlled, and calculated growth. Who doesn’t want that?

One VERY SUCCESSFUL franchise concept that rolled out exclusively thru Regional Development has over 540 units open (800+ awarded) across the USA and is supported by a staff of only 40 at corporate HQ. Those staff members support the RDs and the RDs support the franchisees in their local markets. It’s a tiered distribution of support. Remember, the RDs are compensated for this with the sharing of the Royalties paid by the franchisees. (More about the revenue streams to the RDs later).

It still needs to be done correctly, having sufficient staff to support initial RD location openings, etc. This company did it right, for the most part, enduring some bumps and bruises along the way, but there are certainly others who haven’t. What caused their downfall? That’s for another installment…

Best PracticesBubbling up the “Best Practices” from the Regions thru the RDs provides the Franchisor with invaluable “field research” to improve the brand, its offerings and stay better apprised of the competition.

If you think about it, it is actually a “selling” feature of a franchise to have local support by someone who has a vested interest in the success of the franchisees in their market. Often the RD is only a short distance away and visits more frequently than head office staffers dispatched quarterly or less frequently.

Branding is better controlled as well since the RD is responsible for monitoring the local co-op advertising activities in their market.

So, we see the benefits for the Franchisor, RD and Franchisee can be substantial. What are we looking for in a Regional Developer? What characteristics should be avoided for an RD? Is it for you? Is this the right time in your life and personal circumstances?

Huge Growth Projected for Social Media, Mobile and Email Marketing!

As the following article and graph points out, it is projected that social media marketing, mobile marketing and email marketing will experience huge growth through the year 2014. franchisEssentials has projected the same, and has geared up to provide clients comprehensive, technologically advanced marketing services and strategies. Complementing its own expertise and increasing success in social media marketing, franchisEssentials has recently aligned itself with several leading marketing and support organizations. To address email marketing and mobile marketing, it has entered into Strategic Partnerships with iVideo Makers (aka Franchise Video Makers) and Strategic Growth Concepts.

iVideo Makers bring an exciting combination of video and audio products that take email marketing to new levels of message delivery and professionalism. Quite frankly, nothing compares. It’s newest product, iVidMail is state-of-the-art and is used to create video email campaigns with extensive audio and video capabilities, complemented by an expansive tracking and reporting system.

Strategic Growth Concepts utilizes years of experience and expertise in mobile marketing and cellular technology to create successful mobile marketing campaigns for franchise organizations and independent small businesses alike. Utilizing more strategy than a particular product, and capitalizing on the increasing popularity of the iPhone and Blackberry, Strategic Growth Concepts keeps itself on the leading edge of the rapidly expanding mobile marketing market.

franchisEssentials has also entered into Strategic Partnerships with Arment Dietrich PR, Open Box, SmartFinds Marketing and AssociAD. These highly successful organizations are focused on public relations, custom software development and tech support, internet marketing and direct mail marketing, respectively. franchisEssentials is excited by its ability to offer clients extensive and comprehensive marketing and emarketing services, as a one-stop marketing and development company, for years to come.

Forrester Predicts Huge Growth for Social Media Marketing [and Mobile Marketing and Email Marketing]
as posted on Marketing Pilgrim Friday, April 24th, 2009 by Andy Beal

Forrester Research is holding its own conference (Forrester’s Marketing Forum 2009) down in Orlando and has just revealed its predictions for the growth of online advertising. The bottom line is that social media and mobile will be the hottest, but just about everything will see an upward trend.
social-media-marketing-figures1

Changing Sign From Franchise to Independent and the “After-Effect”

blank-sign“What is the effect on a business if you take down the brand name sign and put up an unknown brand?”, was a recent question for discussion in a couple of the LinkedIn franchise groups. The question turned into a good discussion as there were over fifteen responses but I was surprised there was minimal reference to legal obligations and potential ramifications under the franchise agreement. Below, please find a few of the comments submitted, including my own. As we have done in the past, the names of the responders will only be identified as their LinkedIn description and their names will not be included in this forum. Upon reading the comments please free to include your own at the end of this article.

Award Winning Franchise Sales Specialist and Business Consultant said: That is a very good question. This is purely antedotal experience but what I have noticed in two industries;

Hotels- Drop-off is immediate. However, only about 10% of the revenue typically comes from the sign itself. It is the lack of a global reservation system that has the greatest effect.

Real Estate Companies- Slower but I typically saw a decline of revenues of up to 50% over a much longer period. ie. 5-7 years. Was this because of the sign or lack of tools and systems that the brand provided.

As a zee and a zor I would never sell nor buy a brand merely on the benefits of the sign. It’s the tools, systems, and experience that the brand provides that is of most vaule to small business owners.

CEO/Founder & Managing Partner of a franchise consulting firm chimed in: The question is too broad to to have a strong singular answer.

A McDonald’s owner (just using an analogy for comparative purposes) with a six of seven figure marketing budget and with an organization that has a 55+ year history, deeply embedded in the American culture would be committing commerce suicide.

However, I have been a part of a franchise where a number of the franchisee’s left the system in a service business; having established their capability, customer service commitment and frankly a strong book of business. Still they lost sleep, hair and either gained or lost weight before having made the decision.

How much of who you are is about you, your service, your relationships, your ongoing knowledge and the trust you have developed compared to the value brought by the company branding?

Secondly, taking the sign down only one part of the thought process. You may or may not value the marketing or positioning that the franchise has established but are you gong to be able to replicate it? Are you also going to have the time and the competency to evaluate both the future of the service, its technology and it’s market while continuing as it’s operator? Do you have the professionalism, time and organization to replace the things that the franchise should be providing?

Things that make you go hmmm…or, if they don’t, they should.

Founder, Owner and President of a franchise consulting firm added: I think the best example I can provide has to do with a brand that has been with my family for 4 generations now, Dairy Queen. Most of us have seen the iconic mansard red roofs of Dairy Queen and the image box out front. Some have seen these businesses close down and become all kinds of businesses. In fact just within a few hours drive of my house these former DQ’s once serving those glorious soft serve treats are now Taco stands, Cuban sandwich shops, nail salons, and I even saw one that was a puppy store.

Not good for the brand indeed.

As a DQ franchisee, I can tell you that when this type of thing occurrs it definately DOES impact the neighboring franchisees who remain in the brand. Without question it forces consumer to question the concept. They question everything from the strength of the brand, the tastiness of the food (in this example), and even the cleanliness of the other stores.

In my opinion it is ESSENTIAL for brands to completely demark so that every traceable sign of the former brand is extinguished. Franchisors who get lazy about this hurt their concept.

Of course, I participated in the discussion and added my views accordingly: Let’s not forget the resale value as a franchised brand as opposed to selling the business as an independent and all that goes along with it including attracting more potential buyers, proven business sytem, training, support for the new franchisee, advertising commitments, etc.

All go a long way especially if having to carry some paper is the only way to make the deal happen. Which might very well be the case in today’s economic environment.

Certainly the seller would feel more comfortable financing part of the deal if the business was still a franchise as he knows there are systems to follow and reporting to home office that will somewhat keep the business in line. As an independent, there’s no telling what direction the new owner would take and for how long. What condition would the business then be in if the business needed to be repossessed and operated again by the previous seller?

…It’s just flat out suicide!

I also added the following statement: Personally, the chance of total failure would be far greater as an independent. If the decision is made to take down the franchise sign, then why not solicit franchisor’s assistance to sell the business and then use the proceeds to open as an indpendent. If necessary, negotiate with the franchisor to waive non-compete, etc.

Quite frankly, I believe no one would take this route because they probably feel it’s just easier to operate the current business as an independent because the business is already up and running. In the end, most decisions to de-identify is a matter of not wanting to pay royalties. So, I say, live up to the franchise agreement and if so desired, exit with dignity and your reputation in tact.

An interesting note: The large majority of responses were submitted by franchise consultants. Although most of the consultants were former franchise company executives or franchisees. Only a couple of responses, and brief ones at that, were from current franchise company executives. As stated above, it’s another one of those things that make you go hmmm…or, if they don’t, they should.

Media Can Make or Break a Franchise

The following is an informative article submitted by Guest Author, Gini Dietrich, Chief Executive Officer at Arment Dietrich PR. The article focuses on building relationships with the media and provides tips for communicating and interviewing with reporters. Gini fully understands franchisors’ public relations and communications needs and will be speaking at the upcoming Franchise Finance and Development Conference in Las Vegas. Recently, while participating in the International Franchise Association Convention in San Diego, Gini was interviewed on The Franchise Show, where she discussed communication tactics using social media to develop new business and networks for company growth. Arment Dietrich PR is among the country’s fastest growing boutique public relations agencies. Their motivation is a relentless drive to find new and better ways to help clients boost their businesses and bottom-line results.

Media Can Make or Break a Franchise

I have people say to me all the time, “any ink is good ink, right?”

Wrong! Please see AIG, Merrill Lynch, any of the automakers…pretty much any Wall Street company in the past year. Any ink is NOT good ink. You must think strategically through which media outlets make most sense for your franchise, build relationships with those reporters, and provide them with content, interviews, and access to executives they couldn’t otherwise get on their own.

media-interview21Media can make or break your franchise and it’s VERY important you treat every reporter you come in contact with as if they are your most important VIP, regardless of how you feel about their past or current reporting.

Paul asked me to think about some tips for helping you with your communication needs. These are some of the tips we give to our clients when we train them on how to work with, talk to, and respond to reporters.

• If a reporter calls, wanting to interview you for a story, ask them what they’d like to discuss and what their deadline is; then promise to get back to them in less than 24 hours or in enough time to meet their deadline.
• Call your PR firm for a quick key message refresher. If you don’t have a PR firm, think about what you want the story to say about your franchise after it’s told and write down two or three things you don’t want to forget to tell the reporter.
• If the reporter submitted questions (we always ask for questions in advance), write down your answers. I do this and I have years and years of experience, working with reporters every day. Don’t ever go into an interview blind.

A few interview tips that can help in any situation:

• Be honest—A lie to the media can be very damaging. If you don’t know, say so.
• Be believable—Credibility is vital to getting your message across.
• Be personal. Use the interviewer’s name once or twice in the course of the interview and look at him/her.
• Anecdotes play well, but only if you have a story that makes a good point for your side.
• Be concise—Remember that a 10-minute interview may wind up being 20 seconds on the air or three lines in a newspaper. It is essential to crystallize your thoughts in a few hard-hitting sentences.
• Eliminate extraneous words and phrases. Do not be verbose. If a reporter is silent, do not keep talking. They likely are trying to write down what you just said. Let them do that before they ask the next question.
• Do not answer hypothetical questions.

And, above all, NEVER, EVER SAY NO COMMENT! If I hear from Paul that you were quoted as saying “no comment” or that you were “unavailable to comment,” I will come to your office and yell at you myself.

What media interview tips do you have that can help readers here?

Social Media and Franchise Lead Generation

Mark Siebert, Chief Executive Officer of the iFranchise Group, one of the leading franchise consulting companies, recently wrote an excellent article about Social Media Marketing, and how it can be used to generate franchise leads. Mark explores the world of Social Media Marketing while defining it as the fourth part of effective franchise lead generation strategies. I believe Mark is spot on in his thoughts and views of Social Media Marketing. For the benefit of all that may not have read the article as of yet, I have listed the article below.

Enter the Fourth Horseman
Social media is the next lead generation site

By Mark Siebert
As published in: Franchise Times – April 2009

franchise-timesBy virtually all accounts, the Internet represents the single biggest lead source for most franchisors. Yet despite its dominance of the franchise lead generation market, a significant number of franchisors simply do not use it effectively.

It is little wonder. The traditional troika of Internet lead generation – organic search, Pay-Per-Click, and portals – are all designed to keep us off balance. Organic search engine optimization techniques change almost weekly, as the major search engines try to improve their search algorithms and SEO companies strive to catch up. Pay-Per-Click advertising, by the very nature of the competitive bid process which serves ads, can require frequent strategy changes in an effort to stay a step ahead of the competition. And franchise portals, which now number more than 100, represent the primary focus for most franchisors’ Internet marketing strategy.

Read more

Franchise Sales & Space Mountain: An Odd Comparison?

social-networkingThe great thing about social networking, that has been missing from online franchise lead generation, is the “meeting place.” It’s a place where a candidate gets to know the people in the know as well as on the fringe; the concept’s customers. So, let’s define the “meeting place.”

The “meeting place” is anywhere online where cyber identities gather. Ok, it’s where people network on social networking sites such as LinkedIn, Facebook, Twitter, MySpace, just to name a few of the most popular sites. I just wanted to be geeky cute so forgive me for the humor.

Anyway, in these social networks, individuals meet with others, share information and learn new things. In this process, if they’re looking for a franchise or business opportunity, they’ll seek out information that may assist them in the process. Through referrals and discussion groups they may be exposed to “experts” in their particular field of interest. Experts that may have the answer to what they’re looking for.

But, would they trust a direct push right to a website full of information? The answer is no because they’re only “hearing” it from one source. They need to have full understanding which the website may help provide. But before that, they need to “see” and “hear” what others have to say. Others that know what’s going on. Others that have experienced the service or product as the end user. Others that are the “operational” people. Where does the candidate find that online? Is there a place online that is not intimidating and so one-sided that it creates a level of discomfort as opposed to excitement to proceed?

Yes, there is such a place. For one, a Facebook fan site of the concept, could be just the right place. A landing zone so to speak before being launched to the company website. This non-intimidating site may have a cross platform of many different individuals “talking” about their views, positions and experiences with the company as a candidate, a franchisee, a corporate executive or a customer. It’s in this zone that the franchise candidate learns about the practical side of the concept, the pros and cons as they are conveyed from different individuals, and they get to “see” the experience of the concept itself through the “eyes” (comments) of others.space-mountain2

It’s kind of like standing on a line for a ride at Disney World where the time up until the ride takes off is the Facebook site and the ride itself is the concept a franchise candidate is considering. On the long line for the ride, you kind of know what to expect and the anticipation builds as you move along. But, you just don’t jump on the ride, right? You first go through the info stage. You read the general signs at the entrance. You hear directions and watch videos along the way. Sounds a lot like Social Media, doesn’t it?

Further along, you see the caution signs. You interact with other guests on line. You share what you have heard about the ride with others and them with you. You interact with the ride personnel as they usher you to the ride itself. There, you interact with the people who just finished the ride and you see the excitement and joy on their faces. Now you’re ready for the experience yourself. Hold on tight because as the ride leaves the station, YOU”RE COMMITTED!

agreementOf course, franchise sales are not quite as easy or simple as anyone who has ever presented a franchise sales opportunity can attest. But when you consider the building and infrastructure of the ride and the time spent developing the ride concept, the design of the structure, the projected ride experience and the large financial investment, it’s easy to see how both a franchise opportunity and a ride evolve the same and ultimately have similar objectives; to encourage participation, create a positive experience, instill a desire to do it again without remorse and to share their unique experience with others.

The one key thing that Disney has that may be lacking in many franchise organizations is “attention to detail.” It’s the little things along the way that create the desire, justify the value and establish trust that the Disney name brings to the experience. Is it ironic that key components of a sale are need/desire, value and trust? Are you ready for the Disney-ish way of selling franchises? If you are, then you’re ready to sell franchises through social networking, social media and all the other goodies that make up Web2.0!

What Social Media Marketers Can Learn from Email Marketing and In-person Networking

The following article was written by Guest Author, Linda Daichendt. Linda is Founder, CEO and Managing Consultant at Strategic Growth Concepts, a consulting firm specializing in start-up, small and mid-sized businesses. She is a recognized expert with 20+ years experience in providing Marketing, Operations, HR, and Strategic planning services to start-up, small and mid-sized businesses. Linda can be contacted at linda@strategicgrowthconcepts.com and the company website at www.strategicgrowthconcepts.com.

What Social Media Marketers Can Learn from Email Marketing and In-person Networkingnetworking-photo
as submitted by Linda Daichendt

Are you still trying to figure out the “do’s” and “don’ts” of social media marketing? Be assured, you’re not alone. As the social networking community continues to grow at an ever-increasing pace, marketers and small business owners are challenged with learning how to apply standard marketing principles to this new medium.

One of the challenges of social media is that it doesn’t respond well to “advertising”. Social media marketing needs to be more subtle. It’s about networking to build a reputation as an expert, and then having your expertise sought out. To give you a relevant example, many of you attend networking meetings for your Chamber of Commerce or various trade associations. When you attend those functions do you walk in wearing a sign that says “buy from me”? Or, do you take a more subtle approach by trying to meet new people, learn about what they do, offer a free bit of advice here and there, and build relationships that down the road will result in new business? If you’re like most people, you follow the second option and with that being the case, why would you not apply that same strategy to social networking? You would – and you should!

Additionally, since email marketers have already traversed a path similar to that now being explored by social media marketers, there are a great many lessons that can be learned by reviewing email marketing strategies and the results which were achieved. A recent article by Stephanie Miller, published in MediaPost online publications, explores the email media / social media comparison and provides some interesting lessons to help you improve the results from your social media marketing strategies. This article can be found on our website.

Introduction to International Franchising

world-map-photo1The following article was submitted by Guest Author, Kathryn Rookes. Kathryn is an experienced franchise attorney and a member of FSB Legal, a virtual law firm. She is one of the very few franchise attorneys in the United States with experience in a government regulatory practice (Maryland Division of Securities), private practice, and as in-house counsel. With this diversity of experience, Kathryn understands the issues that franchisors face on a daily basis.

Introduction to International Franchising
as submitted by Kathryn Rookes, Attorney, FSB Legal

Introduction

Many franchisors perceive international expansion of their franchise concepts to be a great way to generate cash on a short term basis and do not fully appreciate the long‐term commitment that successful international franchising requires. The level of commitment and resources required to expand internationally is often greater than that required for domestic expansion. This article provides a brief overview of the requirements for international franchising and identifies a typical international deal flow process. We also have included several resources that contain additional information for further research.

Evaluate Your Resources

When making the decision to go international, you must consider the additional resources that you will need to successfully expand and support your new international franchisees. Areas of increased costs to consider include telephone and postage, travel, marketing, trademark registration, preparing international franchise agreements and disclosures, costs of goods due to export/import controls, foreign taxes, translations and document registration, to name a few.

Determine What You Will Offer

International deals are normally structured in one of three ways. First are single unit franchise sales (sometimes called direct franchising), much like many systems sell in the United States. The next option is area development rights, in which you identify 1 developer who opens multiple units of its own. The third common option is master franchising (also called sub‐franchising). In this method you identify 1 developer that has the right to open its own units, and also the right to sell additional units to other franchisees. In addition to these three methods, some international arrangements are structured as joint ventures, in which you are an equity partner with your foreign franchisee. Each method has its own risks and rewards, so you must evaluate your goals and your resources to determine which method best suits your needs.

Finding Good Research

Your research on each opportunity generally consists of two areas, research on the territory and research on your prospective franchisees. The internet provides a wealth of information on the territory. The United States Department of Commerce is a good starting point as is its included agency, the International Trade Administration. The trade promotion unit of the International Trade Association, the United States Commercial Service also provides significant help by providing market research, worldwide trade events for promoting your offering, assistance in identifying prospective franchisees, manufacturers and distributors, and individualized counseling on going international.

For research on your prospective franchisees, you are well served to retain the services of one of the many companies that provide due diligence or investigative type services. Research on people and companies in other countries is a very tricky business, as the stability, accuracy and adequacy of information in other areas of the world is often lacking. These companies will be able to evaluate the trustworthiness of the information they obtain, and can educate you on the limitations of the information so that you can make your own decisions on the risks you are assuming by choosing any particular franchisee.

Establishing a Deal Flow Process

The deal flow process for international deals will usually be significantly different from your domestic deal flow process and will necessarily require more time and resources for each deal. We generally recommend the following steps to ensure compliance with Unites States’ and the foreign country’s local law.

1. Determine whether there are any legal or practical barriers for your target country. Legal barriers include the U.S. government’s trade embargos and terrorism sanctions, in which U.S. businesses are prohibited from conducting business in certain countries. You may find this information primarily at the United States Department of the Treasury, Office of Foreign Asset Control website. The primary restrictions involve, as of January 2009, Balkans, Belarus, Burma, Cote d’Ivoire (Ivory Coast), Cuba, Democratic Republic of the Congo, Iran, Iraq, former Liberian Regime of Charles Taylor, North Korea, Sudan, Syria and Zimbabwe. Practical barriers (which also can be legal in nature) might include currency export restrictions (you won’t be able to get paid), prohibitions on foreign investment and/or ownership (you’re not allowed to invest there), lack of governmental infrastructure (you can’t register your trademarks or protect your intellectual property, trade secrets or contract interests due to lack of a stable court system), competition (both laws and actual), taxes (you can’t afford), restrictions on transfer (can’t stop your franchisee from selling out), economic conditions (won’t support your business model) and other such items.
2. Once you have determined that there is no barrier, you should determine whether there is a franchise disclosure and/or registration law in the target country. If there is, you should retain local counsel immediately to draft the necessary disclosure and handle the registration for you. We are happy to assist you with this process.
3. Identify your prospective franchisee and begin your background check on the prospect.
4. Negotiate and document a Letter of Intent that contains the material terms of the new deal. You will normally require a deposit against the initial development fee on the signing of the LOI.
5. Retain local counsel to review your proposed form of agreement to revise the agreement to ensure that it complies with all applicable local laws.
6. Negotiate with your prospective franchisee on any changes to your form of agreement. Once all terms are negotiated, you will finalize the agreement and proceed with signing.
7. Once your agreement is fully signed, you will want to proceed with registering your trademarks in the country, if you don’t already have the marks registered. If you have a large budget for your international expansion, you should ideally move this step up as early as you can afford, even up to step 2 if possible.
8. Once all of the above is accomplished, the real work begins. You now need to arrange for training, import of products or ingredients, site selection assistance, site development assistance, marketing assistance, and all of the other support services that franchisors normally provide.

Summary

With proper planning, international expansion of your franchise system can be an exciting new challenge that brings you many rewards. At FSB Legal, our attorneys are experienced in international franchising and have completed deals in over 35 countries. We are happy to help you begin this journey.