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Modern Franchise
Typical franchise agreement from mid 90's is very
different from the agreements from 50's and 60's. What
used to be 3 pages grew to be 50 or more pages long.
Today the franchisor dictates all aspects of the relationship.
Most of the agreements go in the smallest detail and
the renewal of the franchise agreement, if it is allowed,
is conditioned with the franchisees signature under
any new conditions franchisors can decide to add or
change. Due to the uniformity of the looks, franchise
users usually accept (and pay for it) all demanding
system changes, including products offered, the use
of brands and demanding "brand outfits".
Because of the huge popularity of the franchise business
model, most franchisers offer reduced or no exclusivity
to the franchise users. Because today the system is
what you franchise (but not the right to distribution
any more), most franchisors charge royalty for the
right to use the brand and the business model. There
are no contract limitation to how many point of sales
the franchisee can have, and because of that the royalty
is charged per sales dollars (regardless of the profit
margin), franchisors and their shareholders are fully
focused on the sales of the system. Very often the
users of the franchises claim that the franchisors
are not sensitive to the profit margin necessary for
success. That is correct because many of the franchisors
claim that they do not measure the profit margins of
their users and therefore they are not capable of predicting
profitability when they are negotiating new franchise
offices.
The huge popularity of the franchise business model and
the perception created by the franchisors that the streets
of franchise business are covered with gold, created
the situation where franchise agreements are not even
negotiated. The buyers are convicted that those one-sided
franchise agreements are the industry standards and therefore
acceptable. They also think that if they do not accept
the particular franchise offers with that one-sided franchise
agreement somebody else will take them. As long as the
buyers stand in the line with a pen and the money in
their hands, franchise market will offer those franchise
agreements that protect only franchisors. |