Should You Franchise Your Business | Internicola Law Firm

Should You Franchise Your Business?

Franchising may be the next big step for your business and brand. So, how do you know whether or not you should franchise your business and if franchising is right for you? The answer depends on your business, your business goals, your personal goals, your budget and where you want to take your business over the next 2, 3, 4, and 5 years.

In this guide we’ll walk you through the process of understanding and evaluating franchising and whether or not franchising is right for you. The steps to evaluating whether or not you should franchise your business, include:

  1. Understanding what franchising is all about;
  2. Evaluating your personal goals;
  3. Evaluating your business goals;
  4. Evaluating the strengths and weaknesses of your business;
  5. Evaluating the costs of franchising; and
  6. Learning what comes after you franchise your business.

To speak with our team, discuss your business and whether or not franchising is right for you, Call us at (800) 976-4904 or contact us.

Step 1: Understand What Franchising Is All About

Franchising is a business model where you take what has worked for you – your business name, your brand, your know-how, and the systems for operating your business – and teach someone else how to copy and duplicate your business. Naturally, there’s more involved but generally, that’s all franchising is. It’s a business model where you, as the “franchisor,” allow someone else, as the “franchisee,” to copy your business model and duplicate your business at a new business location.

In legal terms, the agreement that creates this relationship is called a franchise agreement and under the federal and state franchise laws you must provide your potential franchisees with a prospectus called a Franchise Disclosure Document or FDD. Your FDD must be disclosed to your prospective franchisees not less than 14 days before you are paid any money by a franchisee or a franchise agreement is signed. Your FDD must also be registered and filed with the franchise registration states.

So, franchising is a business model designed to allow you to achieve multi-unit growth and expansion of your business and brand. As a franchisor, you will train franchisees and provide them with the business systems and on-going support to enable them to duplicate your business model and, hopefully, your success. In turn, franchisees who are buying a franchise use their own capital, managerial skills, and efforts to open their own franchised business and expand your brand.

When you become a franchisor and you “franchise your business” you’re entering into an entirely new business – the business of selling franchises, training and supporting franchisees, and managing the growth of your brand. No longer are you just the owner and operator of your business – you’re a franchisor!

Now that you understand what franchising is, what are some reasons why you shouldn’t franchise your business?

Well, franchising isn’t a get rich quick opportunity and it’s not a way to quickly generate extra cash. Just because someone is willing to pay you to duplicate and franchise your business doesn’t mean that you should. You should only franchise if its a part of your long-term growth strategy and goals. Only franchise if your goal is to expand your brand and to build an organization to support and assist your future franchisees.

If you already know that franchising is right for you and you want to learn more about how to get it done, read The Ultimate Guide to Franchising Your Business, give our team a call at (800) 976-4904 or contact us.

Step 2: Evaluate Your Personal Goals

Now that you understand what franchising is all about (Step 1), you need to evaluate your personal goals and determine whether or not your personal goals align with franchising.

To do this there are some straight forward questions that you need to answer: Can you envision yourself on a path where, over time, you:

If your answer is “yes” to all these questions, then it’s safe to say that your personal goals are aligned with franchising. If you have answered “no” to any of these questions and you are still interested in franchising then, well, you need to take a step back right now and have a more detailed conversation about whether franchising will be right for you.

Step 3: Evaluate Your Business Goals

The most common way to grow a business is doing exactly what probably got you here – organic growth and expansion. However, many times organic expansion is sometimes limited and slow. Whether it’s limited capital to fuel growth or a management team that just can’t take on more tasks, more often than not, franchising is the solution. Franchising allows you to take what has worked for your business and train and recruit franchisees who will use their capital and managerial efforts to expand your brand into new markets.

So, to evaluate your business goals and determine whether or not they align with franchising, answer the following questions: Do your business goals include:

The answers to these questions may seem simple. Who wouldn’t want to grow their business? But, these questions go much deeper than just growing and making more money. If you are going to franchise, your business goals need to also be about creating win-win relationships for you and your future franchisees. Once you franchise, your business is  no longer only be about you and your team, it becomes much bigger.

Step 4: Evaluate The Strengths and Weaknesses of Your Business

As a model for business expansion, franchising is proven and works. Consider that franchising has created wealth throughout almost every industry of our economy whether involving service based businesses, retail based businesses, wholesalers and even non-traditional business models like healthcare, cannabis, and medical spas. So, the important question really comes down to the strengths and weaknesses of your business, and the factors – business strengths or weaknesses – that you must evaluate, include:

Strength or Weakness #1: Your Focus as a Founder

Smart franchise leaders have proven that being a dedicated and committed founder is the most important success factor when it comes to franchising your business. When a franchise grows and achieves great results, there are many who claim credit – franchise consultants, developers, lawyers, sales teams, etc. When a franchise system fails, no one takes credit and everyone blames the founder.

The reality is that success will, ultimately, be driven by you. You’re the founder and leader of the business that you are now franchising and, while a great franchise lawyer and team will provide you with the tools to succeed, success must be driven from the top and requires an unwavering commitment by you to not only franchise your business, but to also build and grow a winning franchise system. If this describes you or someone on your team, then this is a strength of your business and if it doesn’t, it’s a significant weakness.

If you are ready to franchise and would like to learn more how we help business owners like you learn franchising and build great franchise systems, find out about our Franchise Launch Program or give our team a call at (800) 976-4904

Strength or Weakness #2: Knowing What’s Special About Your Business

If you are thinking about franchising your business there needs to be something special about what you do, what you offer, how you do it, or the results you achieve. Although the products or services sold by your business may be similar or identical to your competitors, there still needs to be something special about your business.

What makes your business unique? What differentiates you from your competitors? At the moment you may not have all the answers. But, knowing your brand story and differentiating your brand from your competitors will strongly influence your success as a franchisor.

Strength or Weakness #3: Your Industry

In the beginning, when you start selling franchises, success will be influenced by the industry and market segment that your business operates in. If your business operates in a new and hot industry or segment that is not crowded in the franchise space, then franchise sales and growth will, most likely, be easier and less expensive than more traditional businesses that are already well represented in the franchise industry. This doesn’t mean that you shouldn’t franchise your business if you operate within a traditional market segment, it just means you may have to work harder.

There are many examples of traditional and crowded market segments being redefined by new franchisors. A great example is Five Guys. They redefined a burger segment that, by all accounts, seemed crowded and closed. Consider that these are just strengths and weaknesses to evaluate and that no one factor will determine the success of your franchise system. Many times, it’s the dedicated and committed founder and team that will win at franchising – no matter the industry or how big their competitors are.

To more about the franchisability of your business, read “Is Your Business Franchisable” and learn about the 5 franchisability factors to consider.

Step 5: Evaluate The Costs of Franchising

No matter the business or industry, without the right capital and investments, you can’t win. The same is true for franchising. Far too many emerging brands enter the franchise world without properly budgeting. Many times they spend all of their money on the franchising process like preparing their operations manual, Franchise Disclosure Document, franchise sales process, etc. without budgeting for franchise sales, marketing and promoting their franchise brand over the next 3, 6, 12, and 24 months.

So, before you decide to franchise your business, evaluate the costs of not only “franchising your business” but, also, the money that you need to spend over the next 12 and 24 months to market and promote your franchise.

To gain a better understanding about the costs of franchising your business and what you’ll need to do to market and sell franchises, read The Ultimate Guide to Franchising Your Business.

Make sure that you have the right capital to succeed. While there are no short-cuts, working with the right team can save you tens of thousands of dollars.

Step 6: Learn What Comes After you Franchise Your Business

After your operations manual, legal documents, and sales processes are thoroughly prepared, what comes next? Well, the next part involves a process where you:

Learn more about franchising and read The Ultimate Guide to Franchising Your Business or Call us today at (800) 976-4904 or by email to learn more about franchising and if franchising is right for you.

Let's Talk

With services to make your growth strategy simple, cost effective, and with a team excited to help you, let’s talk about how we can help grow your brand. Click on the button below or call us at (800) 976-4904.

Top Resources for Franchising Your Business

  • videoImg

    Should You Franchise Your Business?

    Franchising may be the next big step for your business and brand. So, how do you know whether or not you should franchise your business and if franchising is right for you? The answer depends on your business, your business goals, your personal goals, your budget and where you want... read more

  • videoImg

    How to Franchise Your Business

    In this guide you’ll learn the basics of franchising, how to franchise your business, and how to win at franchising. We’ll also take a deeper dive into legal requirements for franchising and why they matter, steps to take before and after you launch your franchise, and even some tips on... read more

  • videoImg

    Franchising vs. Licensing Book

    When considering expanding a business both franchising and licensing are possible options. In this guide, you'll learn the differences of franchising and licensing and understand how each will affect you. read more

all guides

  • None right now

all videos

  • videoImg

    Franchising Your Business: Advantages & Disadvantages

    Are you a successful business owner? Are you looking for ways to expand your business? If so, this article will provide the answers you need to decide whether franchising your business is the right step for you. In short, franchising allows you, the franchisor, to create a relationship among several... read more

  • videoImg

    Documents To Start A Franchise

    Under federal law, prior offering or selling a franchise in any state, franchisors are required to disclose a franchise disclosure document (FDD) to their prospective franchisees. In addition to federal law certain states, including the franchise registration states, require that franchisors register their FDD with the state. The legal documentation... read more

  • videoImg

    Is Your Business Franchisable?

    If your business is successful and you are looking to expand, for good reason, you may be asking questions like “is my business franchisable?”, and “can my business be franchised?” To answer these questions and determine whether or not your business is ready for franchising, you should evaluate the following... read more

all articles

  • videoImg

    Leveraging PR & Digital Media to Jumpstart Franchise Sales

    Key strategies to accelerate franchise growth for startup and emerging franchisors In this webinar, franchise attorney Charles Internicola and Nick Powills, founder of No Limit Agency and 1851 Franchise, discuss key strategies to accelerate franchise growth through PR and digital media. Some topics include: Steps franchisors should take when it... read more

  • videoImg

    Winning Insurance Strategies for Emerging Franchisors with Michael Porpora

    One of the biggest issues for emerging franchisors is not having a plan for insurance and system-wide protection. What do emerging brands need to know when they're starting off, who should they rely on, and how can they plan ahead? Get an insurance game plan to protect your franchise system... read more

  • videoImg

    How to Build a Great Franchise Logo & Brand with Dan Antonelli

    Key strategies for developing the right logo & trade dress to drive franchise growth with branding and design expert Dan Antonelli. Dan is the author of ‘Building a Big Small Business Brand’ and is the creative director of the branding firm KickCharge Creative. Learn how to drive franchise growth and... read more

all webinars

Let’s Talk

With services to make your growth strategy simple, cost effective, and with a team excited to help you, let’s talk about how we can help grow your business.

Fill out the following form and we’ll contact you as soon as possible. To reach our team directly, give us a call at (800) 976-4904.

An attorney client relationship is not established by submitting this initial contact information.