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Operations

Most franchisors want fairly tight control over your day-to-day operations. This is usually achieved by providing you with a copyrighted operations manual that spells out, procedure by procedure, the ways in which you are expected to run the business. It will include the franchisor’s policies and procedures, and cover such details as the hours you must remain open, record keeping methods, procedures for hiring employees, and, in a restaurant operation, such matters as recipes, portion sizes, food storage and handling procedures, and menu mix and selling prices.

You should inspect the manual if possible prior to signing the franchise agreement to be sure that its requirements are practical as far as you are concerned.

The franchisor’s operating policies and procedures are an area that can cause considerable franchise dissatisfaction once a new business has been successfully established, particularly if they force you to follow inefficient or unprofitable methods, or preclude you from taking advantage of local suppliers’ discounted product prices that are lower than the franchisor’s. To combat such dissatisfaction, you should carefully read the contract to find out how you must, so to speak, toe the line.

Where you are required to purchase products and/or supplies from the franchisor or approved suppliers (this is referred to as “tied” selling), you should consider the locale of the suppliers since this will dictate shipping costs and distances as well as timing of deliveries, which may be important in the case of perishable supplies. The contract should ensure that you can select the supplier if circumstances permit.

Does the contract call for a minimum purchase quota (a form of hidden cost)? If the contract requires you to purchase only from the franchisor, how are the prices of the products or supplies established? What assurance do you have that the prices will be reasonable or competitive?

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Contract Duration, Termination, and Renewal

Although some franchisor/franchisee contracts may be as short as a year or so, and some last in perpetuity, the majority run from ten to 20 years. Where a franchise is tied to a specific location, the term of the franchise contract and the lease agreement, where one exists, should coincide.

During the term of the contract, does it preclude you from engaging in any other form of business? After the contract has expired, are you prohibited from engaging in any similar, competitive business for a stipulated number of years?

Be sure that the term of the contract provides sufficient time for you to amortize your capital payments.

  1. Termination

Although, as a franchisee, you might not consider the termination of a franchise agreement an important consideration because of its relative insignificance at the time you are starting in business, the termination clause is a vitally important part of the contract. This clause deals with how, when, and under what conditions, you may have to give.

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Security Deposits

Does it prohibit you from purchasing from other sources where you could buy identical or similar supplies at a lower cost? Do you have a contracted right to the franchisor’s latest innovations or products? Does the contract require any additional fee for this right?

In some contracts, there may be a requirement for you to pay a security deposit to the franchisor for supplies that you order from the franchisor to ensure prompt payment for the other goods. These security deposits also protect the franchisor against the goods becoming part of a bankrupt estate or being seized by a landlord for nonpayment of rent under a lease.

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Channels

The channel depicts the path a message is to follow. In considering this path, one must think of the physical factors which lie between the source and the receiver. Thus we consider the air through which sounds pass, the wires over which messages travel, the paper and pencil by which messages are recorded, as well as the eyes, ears, and other sense receptors of the receiver. And, just as encoding may change the intent of the source, various channels may also distort the original message as it moves toward the intended receiver.

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Encoding

Since the direct transfer of thoughts from one person to another is not possible, they must be expressed in some kind of code (encoding) before they can be transmitted. In fig.9.1, encoding is represented by the capital E placed between the source and the channel. Of course, the most common code employed in communication among people is language, but language symbols can only inaccurately and imperfectly represent the ideas to be conveyed. Consequently, the message, as the source encodes it, may still be only an approximation of the total idea which he intended to convey to the receiver.

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The Communication Process

Any description of the communication process must begin with an examination of the source of the communication. In fig. 9.1, the half-circle and the letter “S” at the extreme left indicate the source – that is, the person originating the communication. He might be a person about to write a memo, draft a letter, outline a speech, or make a phone call. As these and other examples might indicate, the source is that person with an urge to transmit an idea, a point of view, an order, an attitude, or simply an emotion to another person or persons.

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Dimensions of Communication

Underlying any type of group activity is a communication system which ties various portions of the organization together into a meaningful network of relationships. In fact, no enterprise can succeed unless its members are able to exchange thoughts, or communicate with each other, to the extent of mutual understanding. The most common methods of communicating are listening, reading, speaking, and writing, and a person’s ability to communicate stands in a direct relationship to his command of these four skills. Yet this point if often overlooked. For example, we may say “Don’t tell me I can’t communicate – I talk all the time.” Such a statement is understandable. We communicate from birth. Mothers learn what a baby desires according to the different ways it cries. Although young toddlers lack a large vocabulary, they make their wishes known. Regardless of one’s age or educational background, communication occurs and each of us spends a majority of our waking hours in some form of communication. Is it any wonder, then, that we tend to regard communication as the one area where we are experts?

To be realistic, however, we must recognize that many managers and employees are poor communicators. Messages go back and forth and the results are not always pleasant – people quit, customers and sales are lost, workers, strike, and messages have to be repeated. The consequences represent a tremendous waste of precious effort, time, and money. Furthermore, when we consider that people in business spend over two-thirds of their time communicating with others, the monetary sum paid for faulty communicating is staggering. Therefore we must constantly seek to improve out ability to communicate. To aid in such improvement, the following sections will concentrate on an examination of the communication process, the flow of communication in an organization, barriers to understanding, and guidelines for more effective communication.

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Rental Arrangements

With any form of lease operation, it is normal for the tenant to bear the burden of any operating losses, although, depending on the lease arrangement, some of the net profit may have to be shared with the landlord under certain circumstances. There are a variety of rental arrangement possibilities with leasing. Some of these will be discussed.

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Contingencies

Make sure any necessary contingencies are in the contract. Contingencies might be that the contract depends on your request for a business license being approved, or that financing for purchasing equipment is obtained, or that all necessary government licenses, permits, and variances are approved. Finally, a contingency that you may inspect the site to check that it conforms to the lease description should be included.

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Fixtures and Equipment

The typical lease is generally only for the land and building, with the lessee (or tenant) purchasing and owning the fixtures and equipment.

If the equipment and similar items are owned by the landlord (in which case the lease payments will generally be higher), the lease agreement should specify how frequently these items are to be replaced and at whose cost.

If the tenant owns the equipment and similar items, the lease contract should provide for the disposition of them at the end of the lease period.

The two most common arrangements are that the tenant is responsible for complete removal of such items at his or her cost, or that the landlord has the right to buy them at some stipulated value.

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Renewal Option

An initial relatively short contract with one or more renewal options is often preferable to a long-term lease contract. Renewal options prevent you from being locked in if the business is not successful, but allow you to continue if it is a profitable enterprise. Any renewal options and their terms should be written into the initial contract.

In older buildings in a city core, landlords may be very reluctant to include options since they never know when an offer may come along from an investor wishing to tear down the building and construct a new one. Your successful business with two or three renewals could be an obstacle for the landlord.

Regarding renewal options, note that any change in rent rates should be negotiated for the new period near the end of the present lease term. If you have the right to a renewal term, it is important to give the landlord a renewal notice within the time frame stipulated in the contract. Otherwise, you might find that you lose your right to a renewal option.

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Renting Space

You may want to do if the business is not successful and your lease still has some time to run. The landlord should not have the right to sublet, assign, or mortgage your lease, or even sell it for its remaining life, including options to someone else. If your business is successful, the right to sell its goodwill for a profit can be quite valuable to you.

Measure your floor space so that if rent is based on square footage, your will not be charged for more space that you have. However, note that in some shopping malls “your” space includes a share of common areas such as halls storage areas, elevators, etc. Find out in advance what your share of this common space is.

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