Steven M. Bush, a Professional Corporation

 

Home | Up | Press Release | Profiles | FAQs | Clients | Bush News | Contact Us Franchise
Home
Up
Press Release
Profiles
FAQs
Clients
Bush News
Contact Us
   
   
Requires a Java Enabled Browser.
   
   
   
 

Your Business Could Be Part of 2006 Franchise Growth

By Steven M. Bush

In late 2005 and early 2006, the International Franchise Association conducted an e-mail survey of its member franchise systems, and most of the respondents said that they expect their system-wide sales to grow this year. Most also said that they expect the number of franchise units to grow this year.

Almost ten percent of the respondents to the survey were involved in quick service restaurant franchises. While the International Franchise Association includes many more quick service restaurant franchisors than were represented in the survey responses, these responses suggest that restaurant franchise businesses expect growth in the current and upcoming year.

If you operate a successful restaurant business, do you know if your restaurant business is a good candidate for franchising? Review the following characteristics to see whether your restaurant business shares some of the characteristics of successful franchise businesses:

1. Do you have a unique recipe or use an innovative marketing approach or business method? Can you differentiate your recipe, marketing or business method from the competition?  Can you sustain this difference?  If you have competitive advantages, things that may include your restaurant identity, logos, marks, tag lines, trade secrets and confidential business information, you should protect them as fully as possible.  Federal and state trademark registrations are an important piece of this protection. Your agreements with your key employees should contain restrictions to protect your confidential information, trade secrets and intangible property. You will need to be able to assure a potential franchise buyer that the intangible property that they will be paying you to use can’t be easily copied.

2. Do you operate more than one location? Is each location successful on its own? While not an absolute necessity for selling and supporting successful franchises, having more than one location, each of which stands on its own success, will let you easily demonstrate that your restaurant concept stands a good chance of succeeding in other locations.

3. Can your systems be duplicated? Can you describe your methods and practices with enough detail so that a person who has little or no restaurant experience can learn how to run your restaurant in two or three months?  In order to sell and support a single successful franchise, you will need to have in place one or more operations manuals that contain, in writing, all of your proprietary operational and management methods. You and your franchisee will use the manuals for training the new franchisee, and you will use the manuals to help enforce your quality and operational standards.  Sales of more franchised outlets will depend, in part, on your ability to maintain and improve the image and success of your overall franchise.

4. Are you the most valuable player?  You already know that every successful restaurant depends on good employees.  But, if your record of success depends on you personally showing up every day or on your individual expertise you may not be a good franchising candidate.  In order to sell your business as a franchise, you will have to demonstrate that a new outlet can generate consistent profitable returns without hiring you.

5. Do you consistently make money? One of your goals as a franchising company will be to help your franchisees enjoy financial success. Every buyer will be willing to pay an entry fee to learn and use your secrets, but that person will expect to make money too. Some consultants start with a rule of thumb rate of return of 20 percent. If you expect that your franchisees will actively work in the restaurant business, they will pay themselves a salary before measuring their return.  Keep in mind that they will measure their return after subtracting royalties that they will pay you.

6. Are you willing to start a completely new business? If you are good at starting and running a successful restaurant business, offering franchises and providing support to franchisees will seem like a completely different business. You should go into franchising with the clear idea that franchise sales and support is a distinct business from your restaurant business. If you are not clear that franchising is a new and separate business, expect upheaval, turmoil and distraction in your restaurant business.

7. Are you a coach, teacher and therapist? Franchising may put you in roles that you have not previously performed in your restaurant business.  In franchising, you will be a teacher, counselor, psychotherapist, spiritual advisor, hand-holder and cheerleader.  If you are not suited to these roles, or if you’re not ready to perform all of them, you should be prepared to include someone on your franchise team who can fill them.

Some other things you should consider include: Can you recruit any existing employees into the new franchising business?  Can you and your employees share their successful methods with new franchisees?  Do you already have employees who can sell franchises or who can support franchisees? If you already have these types of employees, can you afford to switch them to a new line of business?

There are a myriad of legal and business requirements and conditions that anyone considering offering franchises must satisfy before seriously considering franchising.  However, the starting point is whether your business is a good candidate.

Steven M. Bush of the Bush Law Firm has more than 20 years of legal, business and tax experience.  He also developed and sold the successful Mr. Handyman franchise.  Steve can be reached at 303-831-1411 or steve@bushlawpc.com.

 

 
Back Home Up Next

The material posted on this web site is for general informational purposes only and is not intended to be legal advice. We are available for consultation regarding legal matters; however, the act of sending electronic mail to our firm or a specific attorney does not, by itself, create an attorney-client relationship. Anyone considering hiring a lawyer should independently investigate the lawyer's credentials and abilities and should not rely on advertisements or self-proclaimed expertise.

 

webmaster@bushlawpc.com

©2004 Steven M. Bush, a Professional Corporation

Last Modified : 12/20/07 09:32 AM