These are difficult decisions. The solutions are not clear cut from a
business or from a legal perspective. It is critical that a company in this
position work with qualified counsel to identify an alternative that will have
a reasonable basis for an exemption and still make sense from a strategic
perspective. The balance of this chapter will look at the many alternatives
currently being tested by many U.S. and oversees companies. As you can see,
the lines of demarcation are not always clear. The differences between many
of these alternatives may in fact be in name only. Some of these concepts are
truly innovative and have not been truly tested by the courts or the
regulators. In these borderline cases, a regulatory “no-action” letter
procedure is strongly recommended. Other concepts are not very innovative at
all and merely borrow from long-recognized and analogous legal relationships
such as chapter affiliation agreements in the non-profit arena or network
affiliation agreements in radio and television broadcasting.
Back in the day when I used to own a UPS Store
franchise, I always looked forward to receiving the quarterly list of the Top 200
stores nationwide. I often wondered what these top franchisees were doing
differently that helped them gain so much more business than the average UPS
Store franchise. But for one reason or another, I never found the time or the
opportunity to reach out to these successful owners.
Early in my career, I encountered
a franchise buyer who had made a rash decision that turned sour quickly. The
funny thing was that he was intelligent, experienced and had a great deal of
corporate knowledge – all the attributes that franchisors desire for their
many franchise opportunities. I was
intrigued that this experienced and generally deliberate person would make
such a bad decision. So what went wrong?
[Matt Wilson, FranchiseHelp]: Hello everybody. This is Matt Wilson coming from
FranchiseHelp.com. I am here with Deborah Renshaw-Parker,former NASCAR driver
and Apricot Lane Boutique franchisee. Deborah is coming to us from Bowling
Green, Kentucky, where she owns an Apricot Lane franchise. We want to pick her
brain a little bit. Thanks for coming on the show.
The most successful entrepreneurs, however, eventually come to recognize that
achieving long-term success requires that they step back and put in place the
right systems, processes, and people to expand their company beyond what any
one individual -- no matter how motivated and sleep deprived -- could possibly
manage on his or her own. Once a business owner sees what's possible when
employees take on operational responsibilities that free management to
actually manage instead of act like their own employee, he or she quickly
understands the enormous power that scalability means for a business.
FranchiseHelp.com interviews Right At Home franchisee Diane Fortner. While
working as a commercial insurance broker with a six-figure salary, Fortner
felt the entrepreneurial itch, and soon discovered her calling after
underwriting a policy for a successful Right at Home franchisee.
As far as the incentives go, there are three main categories that franchisors
tend to work with when they're looking to increase access to their systems for
minorities. The most popular method used, by far, is to offer discounts on
initial franchise fees. The second most popular incentive offered to
minorities by franchisors is financing assistance and other discounts to help
pay off the sizable franchising fees that new franchisees incur. Finally, in
rare instances, franchisors offer minority franchisees administrative and
development support above and beyond what they provide to the non-minority
franchisees in the system.
Here is a list of franchises that have gone the extra mile to reach out to
minorities looking to get involved in franchising.