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Franchisee Advice

The Perils Of The Franchise Agreement

Here are three critical components to identifying and mitigating the legal risks.

Monisha Prem

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Many entrepreneurs choose a franchise as an alternative to starting their own business due to the attraction of foregoing ‘school-fees’. The franchise business model promises established product or service, brand-name recognition, pre-sold customer base, ongoing support and training, increasing your chances of business success.

However, the allure of tried-and-tested business models and the promise of financial success are often inadequately executed in legal agreements, leaving the franchisee with little or no recourse in the event of failure of delivery by the franchisor.

Here’s what you should know before signing on the dotted line.

Three must-dos

1. Do your due diligence

Before entering into any agreement with a franchisor, conduct a due diligence to better position yourself to make an informed decision about the franchise opportunity. Focus on the franchisor’s system size and growth, ongoing support, training, and competitive edge.

Furthermore, analyse the franchisor’s financial information to ascertain break-even. In this regard, it’s critical to closely examine the disclosure document, which the franchisor is obliged to provide, containing, for example, written projections in respect of levels of potential sales, income, gross or net profits or other financial projections for the franchised business.

Related: Passing a Due Dilligence Test

2. Know the law

There are many pieces of legislation that impact franchising.

  • The Consumer Protection Act 68 of 2008 (CPA): The CPA and its regulations entitle consumers, including franchisees, to certain rights such as the right to obtain a disclosure document from the franchisor 14 days prior to signing the franchise agreement, and the right to cancel the agreement with no penalty within ten business days of signing it (cooling-off period).
  • Laws governing intellectual property: The Trademarks Act 94 of 1993 is of particular importance as the licensing of intellectual property to the franchisee is the core of the franchise agreement. The franchisee operates under a common trademark, format or procedure, and the franchisor offers or is obliged to maintain a continuing interest in relation to know-how and training. Therefore, trademarks, copyright and know-how are the three most important areas of intellectual property in most franchise systems.
  • The Competition Act 89 of 1989: This act states that there must be a balance between the protection of the franchise system and the interest of the franchisees and the public in ensuring adequate competition. When reviewing the franchise agreement, franchisees must look out for clauses relating to resale price maintenance, territorial restrictions, exclusivity, tying and intellectual property.

3. Obtain legal advice

Franchise agreements often contain comprehensive legal provisions that may intimidate franchisees. It’s good practice in business to have all important contracts reviewed by an attorney in order to have a clear understanding of all the terms and associated risks.

Franchise-failure-in-agreeements

Three don’ts

1. Don’t act too hastily

Do not read the contract hurriedly and be tempted to sign without close consideration. It’s important to read and understand the franchise agreement thoroughly. Failure to do so presents risks of future conflict or breakdown in relationships — questions or concerns for clarification are to be raised in writing with the franchisor.

Related: The Danger Of Being Franchisee No. 1

2. Don’t assume the franchisor will not amend the agreement

Occasionally franchisors utilise bully tactics, presenting the franchise agreement ‘as is’. The franchisee certainly has the option to negotiate less biased and mutually favourable terms. It’s however noteworthy to consider the intention of the franchisor who presents an unalterable franchise agreement.

The franchisor may use a uniform franchise agreement to protect the entire franchise system, including the brand, operating system and franchised business as a whole.

If a franchisor is not willing to negotiate on important issues, it could be an indication of potential problems within that franchise system as the franchisor lacks confidence and certainty concerning the validity of its brand and operating system.

3. Don’t sign if uncertainties persist

Bias provisions, unresolved risks identified or general reservations may result in discomfort when executing the franchise agreement. Persevere in negotiations or consider an alternate franchisor if discussion results in deadlock. Do not enter into an agreement with uncertainties still looming or terms that are difficult to abide by.

Monisha is a corporate advisor, admitted attorney at M. Prem Inc, and author with over 14 years deal-making experience. Monisha litigated for several years before joining an investment banking firm specialising in mergers and acquisitions. Monisha has owned and operated several businesses, is passionate about business development, commercial and corporate law.

Franchisee Advice

3 Ways To Ensure Your Loyalty Programme is Working Hard For You

Plastic cards are making way for app-based loyalty programmes. Is your franchise keeping up with the digitally savvy consumer?

Diana Albertyn

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The average consumer today is a member of at least five of the 100-plus loyalty programmes in South Africa, according to a 2017 study by Nielsen. As the loyalty playing field becomes more cluttered and competitive, what are you doing to ensure each one of your franchisees are catering to customer needs when it comes to loyalty?

Mobility. It’s not the newest buzzword, but it is useful for attracting customers who don’t want to lose loyalty points because their card is lost or not with them. Ailsa Wingfield, Nielsen’s Head of Emerging Markets: Thought Leadership, says that as adoption of non-traditional payment methods increases, loyalty programmes also need to introduce payment type flexibility.

“Mobile payment platforms will increasingly deliver an opportunity for loyalty-programme engagement with consumers, providing a convenient and personalised way for programme members and retailers to engage with one another all along the path to purchase.” – Ailsa Wingfield Nielsen Head of Emerging Markets Thought Leadership.

Related: 11 Ways To Double Your Customers In 4 Weeks

Have you considered what role tech could play in your current loyalty programme? Here are three ways to apply digital enhancements that appeal to present and potential customers: 

1. Offer differentiation through more options

Research has concluded that the loyalty programmes devised by retailers and franchises are not innovative enough to capture the attention of the youth – Millennials and Gen Z. it’s time to diversify your rewards offering. But how?

If your customer base is predominantly younger, being omni-present is key, according to the Truth Loyalty Whitepaper: “An omni-channel approach will not only meet the demands of the younger customer, it will also allow your business to combine intelligence on shopping, search and web behaviour history to assist you in identifying when to offer an in-store promotion, extend a seasonal offer or make a product recommendation through the appropriate channels.”

Implementing a digital loyalty campaign is also a smart way to reduce costs. Coffee shop franchise Mugg & Bean’s Generous Rewards App and partnership with Vitality Active Rewards, means members can earn cash-back rewards to spend on their favourites. Just downloading the app earns you a R25 voucher.

2. Use your tools to engage more

A crucial mistake most franchisors make is not communicating consistently with their loyalty programme members once they’ve signed up and increased numbers. They spend a lot of time recruiting customers to join, but expect them to prompt cashiers for points’ balances and produce their cards independently in their various locations.

“You have gained permission to talk to your customers and created the opportunity to collect enormous amounts of valuable data. Use this to your advantage by creating meaningful and relevant engagement initiatives and communications across your customers’ lifecycle,” advises Truth, a boutique consultancy business specialising in customer centricity and loyalty programme strategy and design.

When enhancing your engagement strategy, Accenture advises that you keep the following in mind:

  • 54% of South African consumers are loyal to brands that actively engage them to help design or co-create products or services.
  • 57% are loyal to organisations that present them with new experiences, products or services.
  • 47% are loyal to brands that engage them in ‘multi-sensory’ experiences, using new technologies such as virtual reality or augmented reality.

Related: 3 Ways To Stop Taking Your Most Loyal Customers For Granted

3. Keep the experience simple

Review your loyalty programme. Honestly. Then ask yourself if you’ve made your programme too complicated for the layman. If your answer is ‘no’ or even ‘maybe’, how can your target consumer ever reap the full rewards of this programme if they don’t understand the rewards on offer and how to redeem them?

Changing rules too often is the first complication to go. No matter which one of your stores they choose to shop at, the redemption and earning process should be simple enough to keep members interested and engaged in the programme. Make sure you keep your programme simple and transparent.

“Clicks made a simple but fundamental change to its redemption process – paper-vouchers were replaced with virtual points that can be redeemed as cash-back when you swipe your card at the till. While Clicks and Dis-Chem are among only a handful of brands that do this, it’s a sure-fire mechanism for increasing redemption,” said Amanda Cromhout, founder and CEO of Truth.

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Franchisee Advice

3 Crucial Considerations For New Multi-unit Franchisees

Your marked success as a single-unit franchisee has led to the choice to multiply your achievement. But do you know what it really takes to move from owner-operator, to multi-outlet operator?

Diana Albertyn

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Multi-unit franchise ownership is a brilliant way to grow your business portfolio, once you’re successfully running your single location. Once you get the hang of being franchise business owner, adding one or a few more units could be the next logical step.

“The risk with having one store is higher than if you have more than one store, as the stores support one another. When the one is down the other one is up,” says multi-unit Montagu franchise owner Pierre Lombard.

You’ve probably already realised this lucrative option and are getting acquainted with multi-unit franchising. As this is new territory, you may want to consider these methods to multiply your success.

1. Make more discerning recruitment choices

When you opened shop at your first location, you were probably warned against hiring a manager, because they may not be as invested in the success of your business as you are. Now that you growing, you have no choice, so you need to be selective in your decision of who’s going to run the show when you’re not around.

Related: 3 Employment Best Practices To Apply In Your Franchise

The best way to ensure consistency in service and quality in each location is to always put culture fit over ability. While a certain level of skill is required to carry out the tasks required of a manager, attitude trumps aptitude when selecting capability running your locations.

“Place one of your outstanding managers or staff from your current store in the new one and have them train up any new staff,” suggests Francesca Nicasio, Retail Expert at Vend.

“That way the practices and attitude that you’ve cultivated in your business will continue into your new store.”

2. You need tech to help you be everywhere

Not only are Cloud technologies enabling franchise owners to scale quickly, easily and more affordably compared to on-site solutions, but these advancements mean you can remotely optimise inventory across all your locations, get a more accurate assessment each store’s performance and better understand your business – all you need is an Internet connection.

With the variety of Cloud-based solutions available today, you’re also able to connect your sales, staff, and customer information to give customers a seamless experience at all locations. You’re also able to receive alerts on low stock levels and automatically have it.

3. Set and stick to a specific standard

As a franchisee, consistency is standard practice. But that’s easy done as a single-unit owner than when running multiple locations. To make your mini network more manageable, ensure all your store understand brand standards beyond the operation manual.

Related: Multi-Unit Franchising Growing In South Africa

“Naturally, you have your franchise systems’ operations manual and procedures but the way you personally want to stamp your mark on customer experience, for instance, needs to be documented too,” experts at Inside Franchise Business advise.

Doing this reduces the stress of continually keeping tabs on staff, and frees you up to collect and collate the data you need to make smarter decisions faster.

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Franchisee Advice

Effective Ways To Bring Customers To Your Door

Here are a few tips from Local Area Marketing Manager of Cash Converters, Juan Botha, to assist you in bringing customers to knock on your door.

Richard Mukheibir

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Retail, craft, artisan and service businesses can’t rely on only carrying on trade online – you also need people coming through the door and engaging with your product. But how do they find you? Are you the neighbourhood’s “best-kept secret” – and not in a good way?

Your premises, the surrounding area and the audience for your brand are a unique combination. Get to know both inside out so that you can hone your products and your marketing to appeal to potential local customers. With all the pressure to run a website, Facebook page or maintain other online presence, it’s easy to forget the basics and fail to reach your closest customers – those on your doorstep.

Our Local Area Marketing Manager, Juan Botha, previously worked in advertising with local and multinational brands and he taught us how each store needs to make sure its marketing lives up to the pointer, “Act global, think local”.

Related: How Your Fast Food Franchise Can Attract Quality-Conscious Consumers

Here are a few of his tips:

Position yourself

If customers know about you but can’t find you, they’re likely to get frustrated looking for you and give up. If they don’t even know you’re there to find, your chances of using your sales skills with them or getting them to fall in love with your product are zero.

Remember the times you’ve spent searching for a bar or a restaurant hidden in a maze of city streets or a B&B somewhere along a never-ending country road? Those businesses have forgotten that first-time customers can’t be sure where they are. Draw up directions to include on your website or online page. Make sure a friend who doesn’t know the area well test drives them.

Brand yourself

People won’t notice you until they need or want what you are offering so keep reminding them of your existence. Being visible is key. Your fascia signage is part of your marketing mission to attract and influence potential customers.

Nobody walking to work or taking their dog out should think, “I wonder what that new place is about?”

As well as giving your business’s name and contact details, your signage must succinctly indicate what your business offers. If you have a display window, use this second important opportunity to sum up your offering – keep it interesting and updated.

Be a customer magnet

If you wait to build a business on passing trade, you could wait forever. Get on the radar with potential customers in the neighbourhood so they all know you exist and where to find you. Each time they’re reminded that you exist and how to find you, they will be prompted to come and seek you out.

You can achieve this – and help new customers trying to find you – by making a modest investment in lamp-post signage. Check local regulations with your municipality and ensure this signage reflects your brand visually. This is a win-win, reinforcing your brand in a potential customer’s mind and helping them recognise your premises as they approach.

Related: Why Your Franchise Brand Should Be Culturally Relevant

Connect locally

Part of marketing is making people interested in and attracted to your business long before their first direct contact with you. Embed yourself in the community by forming alliances.

If security is an issue, bond with the local SAPS, Community Policing Forum and security companies by offering them free coffee. If you have a huge bargain order of toys to shift, offer a few prizes to the local Moms ‘n Tots group. Plug into local business networks and offer to host a speaker or sponsor the audio equipment for a forthcoming meeting.

You’ll be harnessing the incomparable power of word-of-mouth and setting your business growing in a great direction.

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