Franchise Agreement Sample

Franchises are different; therefore, franchise agreements must by necessity be different in scope and tone. However, there are certain provisions that are or should be included in most franchise agreements.

• Obligations of both franchisors and franchisees concerning business operations must be spelled out, in as complete detail as possible.
• The amount of training and operational support that the franchiser will be responsible for providing must be clearly stated. This information should also include the cost of the training and operational support.  
• The territory in which you are allowed to operate your franchise must be plainly stated. In addition, any exclusion which may apply must also appear in this section.
• How long the franchise agreement will be in force must be included in the document. Renewal rights must also be stated.
• The amount of investment required by the franchisee must appear in the agreement.
• Guidelines and regulations concerning trademarks, patents and signs and the rights and responsibilities of the franchisee as pertaining to them must be included in the agreement, and written in such a manner that the franchisee will be able to follow them with minimal, if any, problems.
• Fee amounts, including franchise, royalty, and service fees for which the franchisee is responsible must be stated in the agreement.  
• The responsibilities of both franchisee and franchisor where tax issues are concerned must be addressed.
• Conditions and restrictions on the sale or transfer of the franchise must be clearly stated.  
• Any advertising policies that must be adhered to by the franchisee should be plainly stated.
• How franchisee termination issues will be handled must be included in the agreement.
• Dispute settlement guidelines must be in the agreement. Further, the paragraphs addressing these must include how the company will settle disputes, how disputes concerning operating practices will be handled, dispute cancellations, and who will be responsible for attorney fees.

By contacting one of FranFinders expert franchise consultants, you can be referred to a competent franchise attorney that can review any franchise agreement sample.

 

 

 

What is a Certified Franchise Executive (CFE)?

A Certified Franchise Executive (CFE) is a person who has chosen to take his career in franchise to the next level. He does this by taking a total of 3500 hours of continuing education classes which include courses in experience, participation, core, and electives. Experience and participation classes count for 500 hours each; core classes count for 1600 hours; elective course work earns a CFE student 900 hours.

Those who choose to become CFEs demonstrate that they have taken the initiative to continue their education above and beyond what is or may be required for franchise operations. CFE students are able to reach new goals in such areas as professional development and career planning.In addition, those who achieve CFE certification also display a sense of pride and self-fulfillment: both personal and professional, and exhibit dedication and loyalty to their careers. Further, they show others how much they believe in the franchising industry and their decision to pursue a career in that area.

Becoming a Certified Franchise Executive allows you to place the letters "CFE" after your name, just as you would any other title or educational accomplishment. When people see this, they are aware that you have voluntarily committed yourself to a higher standard in the franchising field.

Further, becoming a CFE casts you in a more positive light when it comes to seeking employment or working towards a promotion or other type of career advancement.In order to be eligible to pursue a CFE, a person must be considered as already being active in the franchising field. From there, all necessary requirements of the CFE program must be successfully completed.

A person pursuing CFE certification may take the required courses on his own time, working them around his individual schedule. However, all courses must be completed within three years after he has enrolled in the program. Average completion time is usually 1½ to 2 years. If a person has not completed the program by the end of the third year, it will be necessary for him to enroll again in the problem. This will incur an additional enrollment fee.

A person will be notified when he is getting close to the three-year deadline. In this way, he can arrange to either speed up the process or prepare for re-enrollment.Anyone who is employed in the franchise industry would do well to consider achieving CFE certification. After all, you can never have too much education.

How to Start a Small Business

People often choose a franchise as a means of starting a small business. This is because much of the "groundwork" - finding a site, stocking the business, and other things, has already been done, making it easy for the franchisee, especially if it is someone who is just starting out, to get things going.

Buying into a franchise as a means of starting a small business also means that the owner can talk to franchise consultants once he has paid the franchise fee. They can provide him with tips for starting a small business, which may include some of these:

1 - Don't do anything until you conducted your own franchise business search. You have to understand how the business operates before you can open your own franchise. Others can offer you suggestions on where to look for information, but you should find and read the information on your own.

2 - Don't be in a hurry. Most businesses that fail do so because the owner tried to expand or grow the business before it was ready. When you get in a hurry, you may lose sight of what's important in running your business. However, even as you are taking your time to do things right, continue to plan for and imagine what you would like to in the way of expansion and growth.

3 - Have your business plan in place before you buy the franchise or as soon after the purchase as possible. Franchise consultants can help you by telling you what they feel you should include in your business plan.

4 - Have a substantial savings account in place before you make the first move towards starting a business. It is this money that will see you through the first few weeks when the business is just getting off the ground and profits may be slow in coming.

5 - Make sure you have all the necessary permits and licenses well before the first official opening day. Nothing is more frustrating than opening your franchise and having it immediately shut down by authorities because the necessary paperwork was not in place.

6 - Do your best to hire the highest quality people you can. And, don't be afraid to hire someone who may demonstrate more knowledge in some aspect of the business than you have. Together, you both can make the business a success.

7 - Make sure your personal assets are protected. If by some unfortunate circumstance the business should fail, protecting your assets means you won't lose everything. Consider registering your business as a Limited Liability Company (LLC). By doing this, you will be able to start over and your personal assets will still be safe.

If starting a small business is a top goal for you, then contact one of FranFinders expert franchise consultants.

How to Quit Your Job

If you are considering investing in a franchise, there are quite a few things you are going to have to accomplish before you can even think about quitting your job. Some of them may be easier than others, but you should concentrate on having fulfilled them all before you turn in that notice.

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  Of course, the first order of business is to figure out what type of franchise you want to invest in. This should definitely be done before quitting your current job.
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  You want to have the franchise business you have chosen to be operating on at least a part-time basis before you quit. In order to do this, you will most likely have to go ahead and pay the franchise and other start-up fees, so you will have already invested at least some money into the franchise.
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  Since you will in essence be working two jobs, it is better to have the franchise operating on a part-time basis, at least for the first little while. Otherwise, unless you can employees to keep it open full-time without your presence being required, you are going to essentially be working two jobs, which means you will have no time for family or other activities. Stretching yourself that thin may cause you problems on your current job. This may lead to your having to quit before you are truly ready.
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  Have a back-up plan. If the franchise fails, you are going to need something to fall back on, either savings or another source of income, or the ability to return to your previous employment. Do not quit until you have established this back-up plan.
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  Don't quit your job until you are certain you are completely ready. Make sure you have everything in place, including a good business plan, additional income, preferably in the form of savings to cover personal and living expenses, and money that you can put back into the business. Also, check to see what you need to do about keeping your current insurance policies, including health and life. Make sure your back-up plan is in place, and most importantly of all, make sure you have the wherewithal to make your new business work.

Once you have all that in place, you can then confidently walk into your supervisor's office, or the Human Resources Department, and hand in your two weeks notice.

If quitting your job is a priority for you, then Consider using the advice of one of FranFinders expert franchise consultants to assist you with your goal.