Is Your Business Franchisable and Should You Franchise? | Internicola Law Firm

Is Your Business Franchisable and Should You Franchise?

Franchising may be the next big step for your business and represents an opportunity to grow your brand. So, how do you know if franchising is right for you? How do you know if your business is franchisable and, if it is, whether or not you should franchise your business? To answer these questions you must evaluate whether or not your business is franchisable and, if it is, whether or not your individual goals and your business goals align with franchising and establishing a franchise organization responsible for on-boarding, training, and supporting franchisees.

So, if you have questions like “should I franchise my business,” in this guide we’ll walk you through the process for determining whether or not your business is franchisable and whether or not franchising may be right for you.

To speak with our team, discuss your business, and decide whether or not franchising is right for you, call us at (718) 979-8688 or contact us.

Is Your Business Franchisable?

Determining whether or not your business is franchisable and that you are ready for franchising requires an evaluation of the following five franchisability factors:

Below we discuss each factor in more detail.

Franchisability Factor #1 – Is Your Business Successful?

Franchising is all about success and taking the business, brand, systems, and know-how that have allowed you to make your business a success and duplicating these systems for your franchisee partners. Your business must be successful and must have a track record of results.

Franchisability Factor #2 – Is Your Business Scalable?

Can your business model be successfully duplicated by franchisee partners? If it can, then your business is scalable. Scalability questions to consider include:

  1. Can you train franchisees to successfully deliver the same products or services that have made your business a success?
  2. Can you develop systems to support franchisees and ensure that they maintain consistent levels of quality and customer service?
  3. Can you support franchisees by delivering the necessary products (for example, ingredients and branded packaging for food service businesses) and support systems (for example, customer relationship management systems and call centers for service-based businesses) for their day-to-day operations?
  4. Are you willing to spend the time and, as your system grows, build a team to support your franchisees and improve your business systems?
  5. Will your franchisees be profitable if they follow your systems and business model?

Franchisability Factor #3 – Is Your Brand Protectable?

As a franchisor, one of the primary assets that you will be licensing and conveying to your franchisees is your brand. So, your brand needs to be protected and secure. To protect your brand, you need to own and control your business and trade name – at the most basic level, (a) register your trademark (i.e., your brand name) with the United States Patent and Trademark Office (USPTO) and (b) control the website url domain name for your brand (i.e., Brand protection questions to consider:

  1. Is your business trade name registered with the USPTO? If it is not, is it capable of obtaining USPTO registration in the future?
  2. Do you control the url website address for your brand name?
  3. Are there competitors who use an almost identical brand name, i.e., your brand name is somewhat generic?

Franchisability Factor #4 – Are You Committed to Building a Franchise System?

Many times, the most successful franchise systems are not the ones with the best ideas, products, or services; they are the ones with the best execution and commitment to building a franchise system. Whether your franchise management team will start off as a team of one (just you) or a team of four, franchise success and the franchisability of your business have a lot to do with your commitment to building a franchise system. Commitment questions to consider:

  1. Are you ready to commit to a 1-, 2- and 5-year plan focused on consistently building out a franchise system that will grow over time and not overnight?
  2. Are you of the mindset that franchise success has much more to do with consistent execution and focus, rather than just really big ideas?
  3. Are you approaching franchising as a natural outgrowth of the success of your business and your desire to expand and grow your brand?

Franchisability Factor #5 – Do You Have the Right Franchise Budget?

Launching a franchise is like launching any new business, and new businesses require the right budget and capital to grow. Shortcuts are not the answer. Before franchising your business, you need to understand what your franchise goals are, how quickly you want to achieve them, and the right budget necessary to get you to your goals. Remember, launching your franchise system is not the finish line – it is just the start. Budget questions to consider:

  1. What is the cost to launch a franchise system that includes an FDD and franchise infrastructure that is unique to your business and your franchise system and designed to achieve real growth?
  2. What is the cost to protect your trademarks and brand?
  3. What is the cost to register your FDD in the franchise registration states that you are targeting?
  4. After you launch your franchise, what are the ongoing legal costs to maintain your FDD and registrations?
  5. After you launch your franchise, what are the costs that will be incurred in promoting and marketing your franchise system and selling franchises?

Should You Franchise Your Business?

Once you’ve determined that your business is franchisable, the next step is to determine whether or not you should franchise your business. The steps to help you determine 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.

Watch the video below to learn if you should franchise your business.

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 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 ongoing 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!

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 accept. You should only franchise if it is 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.

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 straightforward 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 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 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 about you and your team: it becomes much bigger.

Step 4: Evaluate Strengths and Weaknesses

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, or even non-traditional business models like healthcare, cannabis, and medical spas. So, an important question you must ask relates 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 (718) 979-8688.

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, your 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.

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: 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 cost to franchise, read How Much Does It Cost to Franchise My Business.

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

Step 6: Learn What Comes After You Franchise

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


To determine what is right for you and the future growth of your business, it’s important to evaluate franchisability factors and have an open discussion with your franchise lawyer about whether or not franchising can help you achieve your growth goals. Franchise success has so much more to do with execution, establishing the right plan of action, and associating yourself with a team of trusted advisors who will help you learn franchising and elevate your business and brand.

If you are ready to franchise and grow your business, learn how we help franchise your business and CONTACT our team at (718) 979-8688 or by email.

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.

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