Alternatives to Franchising
For franchisors, franchising can be a
powerful, fast and rewarding method of expansion. However, it is not
suitable for every business or for every owner behind the business. EXB
Legal, can help you with alternative structures and we can help you with the
planning and documentation and processes if the structure has similarities to
franchising. Please contact us for details and to discuss alternatives if
franchising is not for you.
For franchisees, there are also
alternatives to becoming a franchisee.
It is worth bearing in mind that the label "franchise" does not have a single meaning. Often, when people refer to "licensing" it can mean a similar structure, and sometimes franchise structures can be very similar to distributor or agency structures. The simplest way to work through it
is not to be concerned about labels or names, and instead focus on the right structure and system for you.
Examples of alternatives
Organic Growth -
Potential franchisors could expand their business themselves, for example by
setting up other outlets and hiring managers. This can mean large levels of
investment and therefore greater risk, but you will retain full control and are
likely to get higher rewards if the business is
successful.
Start-up or employment - For potential franchisees, the main alternatives include employment or starting
your own business. In employment, the risk is lower but the
rewards are likely to be lower and the freedom decreased. Starting your own
business can bring greater reward than franchising if successful, but the risks are
significantly higher and there will not be training and support and access to a proven
system.
Acquisition - Another
alternative for franchisors is to
expand by buying other related or competitor-owned businesses. This could
mean even larger levels of investment and raises issues in relation to
integration of the businesses, but would mean that you could rapidly expand with
a network of established businesses and
customers.
Licensing - This if often very similar to
franchising, but within licensing or franchising there are many different
structures in relation to ongoing fees or royalties, whether or not your brand
name is used, what the upfront package or training
involves.
Agency - Again, many franchises are similar to
agency arrangements. Where possible, you may want to avoid appointing
agents due to the compensation that is payable on termination (it can not be
contracted out of). Generally, an agent acts on your behalf to obtain the
customers and orders but it is you who sells to the customer and enters the
contract. The agent takes on lower risk, but often receives less in
commission.
Distributor - Some franchises are similar to
distributor arrangements. In a straightforward distributor arrangement,
you would sell your products to the distributor at a discount, and the
distributor then sells them on to customers, keeping the profit. The
distributor does not usually use your trading name, and takes greater risk so
generally the distributor will require more profit margin than an
agent.
In each of the above three cases, you can consider exclusive or
non-exclusive arrangements (subject to some legal constraints). Please
contact us to discuss your structure and we can advise you to help you to make
your choice.