Search In BriefOver a thousand pages of free legal information written by our selected team of legal experts |
|||||
Browse Legal Topics |
Ask a Solicitor Online |
||||
|
|
|||||
Franchising covers many different forms of business relationships, including licensing, distributor and agency arrangements. However, the most popular use of the term has developed from the business practice of business format franchising.
Business format franchising is the granting of a licence by one person – called the franchisor – to another – called the franchisee. The licence then allows the franchisee to trade under the trade mark or trade name of the franchisor and to make use of an entire package. This entire package will comprise of all the necessary elements to establish a previously untrained person in the business and to enable them to run it with continual assistance on a predetermined basis.
For example many successful fast food companies, such as Domino’s pizza will operate a system of franchises. This means that a Domino’s pizza establishment in your area is likely to be a franchise meaning the individual who owns and controls the establishment has paid for a licence to trade as Domino’s pizza.
There are many advantages in operating a franchise rather than starting up a new business. They are as follows:
Each individual business outlet will be owned and operated by the franchisee. This means that they will have control over the way the business is run including such aspects as staffing and accounting.
However, they will not have total control over all aspects of the business. For example, the franchisor will retain control over the way in which products and services are marketed and sold and will control the quality and standards of the business.
The reason why the franchisor retains control in this way is that it is their product which is being sold. If each franchisee were to conduct their own marketing and sales campaigns there would be an inconsistency in the market between the different franchises. It is also imperative that the quality of the product is maintained as it is the franchisor’s name which goes against the product which could open them up to potential legal claims if the standard of the product is below par.
When an individual takes on a franchise they will initially pay a fee to the franchisor payable at the outset when they take on the franchise. Further forms of payment will be required to be paid to the franchisee in the form of management services.
The management fees will usually be calculated on the basis of a percentage of annual turnover or mark-ups on supplies. This means the more the individual franchise makes the more will be paid to the franchisor in the form of management fees. This is an essential part of this business model.
In return for the management fees the franchisor will be under an obligation to support the franchise network in the following ways:
The British Franchise Association was set up by many franchising companies in 1977 in order to protect the reputation of all franchise companies. The British Franchise Association acts in the interests of the industry as a whole in assessing and accrediting franchising companies.
In order to be accredited by the British Franchise Association a franchise company must meet criteria in relation to the following:
Franchise companies which are accredited by the British Franchising Association must adhere to certain criteria and adhere to certain policies and guidelines.
If a franchise company is accredited by the British Franchising Association this will then show any individual business that wishes to take on a franchise of that company that things will be done in the correct manner, they will not be exploited and they will receive the required assistance to operate the franchise.
Since franchising first came into operation it has moved from a small number of markets to many different and markets bringing with them many different business characteristics. Accordingly the British Franchise Association is required to achieve uniformity in standards and business practices across the many different markets.
Ask your legal question using the box below and have a response from solicitor or barrister within minutes.