Franchise advice
There are positives and negatives about franchising. Some people have created substantial
wealth by owning franchises, but if you are the type of person that wants to plot
your own course (without having to get anyone else’s approval), a franchise is probably
not the right type of business for you.
| Positives | Negatives |
| Benefit from an established brand, intellectual property rights and systems to follow | Lack of control – you have to do things a certain way even though you may see a better way of running the business |
| Owning a business which is part of a larger business network often provides support and systems | Ongoing payment of royalties, purchasing specified products from specified persons and capital upgrades when determined by franchisor |
| Benefit from larger marketing strategy | Advertising costs are fairly standardised which doesn’t give the chance to take advantage of cheaper advertising costs in a regional area |
| Benefit from the bargaining strength of the franchisor | Sometimes franchisor’s don’t pass on the benefits of their bargaining strength and require franchisee to participate in “loyalty” programs which affects profitability |
Large & numerous documents
There are usually a number of large documents involved with this type of purchase
(usually several hundred pages). Ordinarily you can expect, at the very least, a
franchise disclosure statement, franchise agreement, business contract, lease/licence
(and in some situations retail shop lease disclosures). It takes a considerable
amount of time to review these documents – but you should review them so you know
what you are signing up to. If you have any questions, you can raise them with us
and seek our advice.
Risk
All commercial documents contain elements of risk. You should establish a level
of risk which you are prepared to accept and review the documents in light of that.
If the documents expose you to risks that are unacceptable, you should consider
a different business opportunity.
Franchisor’s favour
Franchise documents are drafted in favour of the franchisor and the franchisor is
often reluctant to negotiate any amendments because they want a single document
to police. That said, if you want to pursue a franchised business opportunity, we
recommend you request amendments to the agreement where you think it appropriate.
There is no guarantee that your requested amendments will be approved, and your
costs will increase depending on the length and nature of any negotiations.
Franchisor’s legal fees
In addition to your own legal fees, you will ordinarily pay the franchisor’s legal
fees. These are usually several thousand dollars.
Typical costs
Typical costs for this type of purchase include:
- advisor fees (eg lawyers and accountants);
- search fees depending on the amount of due diligence you undertake;
- purchase price;
- franchisor’s costs;
- consent fees (eg lessor, lessor’s mortgagee);
- licensing / approval fees to government agencies;
- transfer duty;
- registration fees; and
- operational costs.
For further information, or to make an appointment with one of our business solutions experts, Matt Bell, please telephone (07) 4616 9898 or email info@murdochs.com.au.