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August 20, 2008  

 

   
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Determining What the Franchise Package Contains

After gathering all the information you will need to make an informed purchase decision, carefully examine this information with your attorney, accountant or business advisor ensuring that it is addressed in the franchise contract. Think carefully about the level of independence you will maintain as a franchisee and how comprehensive the operating controls will be. Be very clear about the cost of purchasing the franchise and the documents that make up the franchise package.

You can obtain information on franchising from: 1) a directory of franchises, 2) the disclosure document, 3) current franchisees, 4) other references, such as SBA, FTC, Better Business Bureau, local Chambers of Commerce, 5) professional advisors and 6) reference materials on franchises from the local library.

Your franchise package should contain the following information.

  • The full initial costs, and what it covers.
  • Licensing fees.
  • Land purchase or lease.
  • Building construction or renovation.
  • Equipment.
  • Training.
  • Starting inventory.
  • Promotional fees.
  • Use of operations manuals.
  • Continuing costs related to the franchisor.
  • Royalties.
  • Ongoing training.
  • Cooperative Advertising fees.
  • Insurance.
  • Interest on financing.
  • Requirements regarding purchasing supplies from the franchisor, and if the prices are competitive with other suppliers.
  • Restrictions as they apply to competition with other franchisees.
  • Terms covering renewal rights and resell of the franchise.
In reviewing the franchise contract with your attorney, familiarize yourself with the language. Be aware of terms such as hold harmless clauses, integration clauses and choice of venue or choice of law provisions. These terms may favor the franchisor over you if improprieties arise during or after the settlement process.
  • Hold harmless clauses - may require that you release the franchisor from specific acts or violations of state laws.
  • Integration clauses - may prevent you from successfully suing for any deceptions preceding the signing of the contract.
Choice of venue or choice by law provisions - are especially important if the franchisor has headquarters in another state. These clauses may dictate that you settle all disputes in your franchisor's state of residence, and settle your claim under laws favorable to the franchisor.

Other important clauses to consider deal with severance, renewal and transfer of the franchise.

Again, use professional help when examining the franchise contract. And, remember some of the contract terms may be negotiable. Find out which terms are negotiable before you sign; otherwise, it will be too late.

* Reprinted with permission of the U.S. Small Business Administration

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