Call in the Experts

Choosing the right experts during your early franchising phase can translate into long-term success.


Call in the Experts

For those about to enter the world of franchising, the leap may seem daunting. After all, you are about to enter into an entirely new business – the business of selling and servicing franchises. And, just like the franchisees you are hoping to sell to, you will be going in blind – not knowing what you do not know.

But not to worry. Just as your future franchisees can turn to you for advice on how to run their new businesses, there is a cadre of experts who can help you with the various aspects of becoming a franchisor.

The First Steps Toward Franchising

A tip for franchisors is that the first advisor you may want to consider hiring is the franchise consultant. Franchise consultants can play a vital role both in your decision to franchise and in your ultimate franchise plan. The first and most important role of the franchise consultant should be to provide you with objective advice about the franchisability of your business, an assessment of whether franchising is the best option for you in particular and an understanding of the process involved in franchising, so you can make an informed decision on whether franchising makes sense for you.

Should you decide to franchise, good franchise consultants will be able to help you with a wide array of your initial franchise needs, ranging from the development of your strategic plan, quality control tools and marketing strategies and materials. Strategic planning is perhaps the most important role of the consultant.

Many of the key decisions you make in the initial phase – territory, support, royalties and fees – will have a profound impact on the long-term health of your franchise organisation. To get you the best answers to these questions, franchise consultants will complete competitive analysis, examine industry best practices, develop structural and staffing recommendations and subject all your decisions to sophisticated financial analysis. Bear in mind that a 1% error in your royalty structure can easily translate to millions in lost profits, so these are not decisions you should take lightly.

Another key to successful franchising involves quality control. A well-rounded consultant will be able to help you develop the tools necessary to maintain the brand: operations manuals, site selection manuals, field consultant manuals, training programmes and even training videos should be a part of your quality control arsenal, and the more aggressively you are growing, the more of these tools you are likely to need.
Of course, you cannot be a franchisor without selling franchises. That means your consultant should be able to advise you on the best methods for generating franchise sales leads.

Some consultants will also be able to offer their expertise in implementing your franchise marketing – developing marketing plans, brochures, Internet sites and videos on your behalf. Again, the difference of just one incremental franchise sale is likely to mean hundreds of thousands of rands over the years, so if your consultant can help you sell more aggressively, it is money well spent.

In evaluating potential franchise consultants, you should look for two things: integrity and expertise. Be very cautious of any consultant who says you should franchise before thoroughly evaluating your business, your goals and your resources. Franchising is not right for everybody, and those who would tell you that it is may be more concerned with their own welfare than yours.

In evaluating any potential advisor, be sure you understand the qualifications of every individual who will be working on your account. If you are a start-up franchisor, you are well advised to work with people who have built businesses from the ground up.

Many franchise consultants may have spent their entire careers working in large franchise organisations, which might be a great match for larger franchisors, but a poor match for the new franchisor. And don’t rely on client lists alone – if you are working with a rookie employed by an experienced firm, you are still working with a rookie. Be sure you examine each individual consultant’s bio.

You should also look for breadth of expertise. The franchise consultant will be providing you with advice on a wide array of issues. The more brains the firm has to put on your engagement, and the more areas of expertise, the more value you will get. While sole practitioners may have a good deal of experience, if you go in that direction, be careful to work with someone who is committed to consulting as a career, not someone filling time between jobs.

Franchise Attorneys and Other Professionals

An equally important decision for the new franchisor is the choice of a franchise attorney. As a new franchisor, you need an attorney to draft your franchise agreement and offering circular, apply for trademarks and prepare your state registrations.

In making your choice of a franchise lawyer, it is again vital to find someone with the right experience. When it comes to franchise law, having franchise experience is not the same as specialising in franchise law. Many lawyers who claim to have franchise experience may simply have worked for franchisees in evaluating franchise agreements.

Franchise law is a highly specialised field that is constantly evolving based on changes in legislation. You need an expert who works with franchisors for a career – not as a sideline.

While your franchise consultant can recommend good franchise lawyers, beware of consultants who want to do the legal work on your behalf. First of all, these ‘consultants’ will require you to hire a second attorney to review their work, in an attempt to avoid charges of the unauthorised practice of law. Aside from the fact that you now have to pay for your legal documents twice, there are significant problems with this approach.

The issue here is one of conflict of interest. When you hire an attorney, the attorney is obligated to represent you. When you use a consultant’s attorney, the attorney represents the consulting firm. If the consultant tells the attorney to push through as many documents as fast as possible in an effort to increase their profit margin, then that is the attorney’s responsibility.

If the consultant will also sell franchises on your behalf, another conflict arises. The easiest way to sell franchises may be to draft a watered-down agreement that may not be in the franchisor’s best interest.

An attorney who represents you directly will have no such conflicts. Equally important, often the best and most experienced lawyers will gravitate toward working in an independent practice or for a law firm, as this will allow them to build equity in their practice.

Consultants who provide legal work may attract entry level attorneys new to franchising – so if you are thinking of going this route, be sure to ask the attorney who will be drafting your contract the tough questions about how long they personally have been practising franchise law. Franchise law is simply too complex to trust the development of your franchise legal documents to an inexperienced attorney.

Other Professionals Who Can Play a Role

As you get ready to implement your franchise programme, there are a number of other professionals who can help. Depending on how aggressively you choose to franchise, the management recruiter specialising in franchising may be one of your first calls.

For companies looking to grow aggressively, one of the best ways to do so is to bring on management talent with franchise specific expertise.

As a new franchisor, it is unlikely that you can identify, let alone enlist, this level of talent without the assistance of a recruiter. These recruiters (who seem to know everyone in franchising, especially those who are looking for a change) can often find the perfect person and help convince them to join your young franchise team.

At the same time, they can be an invaluable resource to you in helping you gauge proposed compensation packages and personnel needs.

Another invaluable resource is a PR firm specialising in franchising. Few things will propel your company to the top as fast as favourable publicity. Others who will be part of your early network of advisors will focus on sales and lead generation. There are currently over 70 websites that act as franchise advertising and lead generation portals.

There are networks of franchise brokers who will also assist with franchise lead generation. And the latest trend is hiring franchise sales outsourcing organisations that can provide you with a professional alternative to the traditional in-house franchise sales organisation.

As a new franchisor, you will be meeting many and perhaps all of these experts – but be cautious. To some extent, you will be putting the future of your business in the hands of these professionals. Just as you would advise your prospective franchisees, be sure you choose wisely. Experts are not created equal, but with the help of well-chosen professionals, you do not have to go it alone.

Mark Siebert
About the Author
Mark has personally assisted more than 30 Fortune 1000 companies and over 200 startup franchisors. He regularly conducts workshops and seminars on franchising around the world. For more than a decade, Mark also has been actively involved in assisting U.S. franchisors in expanding abroad. In 2001, he co-founded Franchise Investors Inc., an investment firm specializing in franchise companies.

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