Will
you start your franchise with
partners?
This
question may not even be one
that you have entertained. It
is not uncommon, however, for
franchises to be partnerships,
or even corporations, although
there are important considerations
to be taken into account. You
must understand that there is
already one partnership in a
franchise (as implied by the
relationship between franchisee
and franchisor). So, should
you wish to operate a franchise
with one or more partners, you
are simply adding to the one
already involved in the operation.
Now, let's take a closer look
at partnerships as they apply
to franchises.
First, your potential franchisor
may already be viewing you as
being in an existing partnership.
If you have anyone else in your
life who has a substantial influence
on your decisions (usually your
spouse, close relative or family
member) a franchisor, if diligent,
will include them in any analysis
of your qualifications since
your thoughts and actions as
a franchisee may be affected
by the opinions of that other
person. It could be something
as simple as influencing your
willingness to work long hours
or on weekends (because your
"partner" prefers
that you not do so) even though
the extra hours might be rewarding,
or even necessary, for your
business.
Or, it could be the way the
preferences or dislikes of your
"partner" subtly affect
yours, and thus your business
operation. In many cases franchisors
seek to find out as much as
possible about a franchisee's
life partner in an effort to
minimize their risks. It is
not uncommon, in fact, for a
franchisee's "partner"
to play an active role in the
operation of the franchise as
a trusted employee. For that
reason alone the franchisor
may be interested in that party
as well.
This
sort of "pseudo-partnership"
also applies when a third party
is supplying much of the financing
for the acquisition and operation
of a franchise, even if the
financing party claim that they
are not going to take any active
interest in operating the enterprise.
Keep in mind that for such "silent
partners" the business
may represent a major investment.
It is not to be expected that
they will stay disinterested
in the operation of the business.
They often have their own ideas
about how to improve the operation
even if these run counter to
the terms of the agreement with
the franchisor.
They may as well already have
business operations (or ideas
for them) and these might not
be compatible with the franchise
operation or the policy of the
franchisor. For this reason
franchisors are advised to,
and often will, closely examine
any such "silent partners"
whose only nominal function
is to provide financing.
Beyond this you could become
part of an actual, legal partnership.
You may feel that there is too
much to be done in the running
of the business and you'd prefer
a partnership with someone whose
skills and knowledge "fill
the gaps" in yours. Or,
you may feel that you need a
partner (or several) either
to provide money you don't have
or to lessen your personal risk
in the investment. Or, for that
matter, you may have close friends
with whom you wish to share
a successful idea. In any case,
you go ahead (a plural "you"
this time) and apply for a franchise
as "Jones & Smith"
or "Readem, Weep &
Gohome" or even "Amalgamated
Do-nut Stand Management, Ltd."
(a legal corporation set up
for the purpose) to operate
a franchised donut stand. All
of these are legal entities
and, as such, are able to obtain
a franchise to run the stand
providing the policies of the
franchisor allow it to be done.
At best this will provide you
(and the franchisor) with both
the financial wherewithal to
operate the stand and the combination
of skills and talents to run
it to best advantage.
As
the old poem "the best-laid
plans of mice and men"
goes, however, partnerships
don't always run smoothly. Things,
including opinions and ideas,
can change. There is no guarantee
that you and your partner(s)
will continue to see eye-to-eye
and mesh smoothly. Your circumstances,
or those of your partner(s),
might suddenly change necessitating
reductions in the amount of
time, interest or money that
can be devoted to the operation.
You, or your partner(s) might
be considering a new approach
to things which runs counter
to the ideas of the other person
or people in the partnership,
the franchisor or both. You
or your partner(s) may suddenly
want to leave the operation
for whatever reason. In any
case, what was once a prosperous
operation may eventually find
itself on opposing sides in
a courtroom. This sort of thing
isn't in your best interest
and certainly won't do the franchisor
much good. It's something all
the parties involved would prefer
to avoid but nonetheless it
does happen. The possibility
of this is one thing you should
keep in mind when setting out
and certainly one which the
franchisor will consider.
There
is one more thing that should
be kept in mind when considering
a partnership. This is the abrupt
termination of the arrangement
by death or serious disability.
What would happen if your partner
suddenly dies or is unable to
work? In the first case, that
interest in the business becomes
an inheritance and there is
no guarantee the heirs will
be able to take any part in
running the business or, frankly,
want to. The business interest
is theirs to dispose of as they
see fit, which may not be exactly
as YOU see fit! There are, of
course, insurance policies tailored
to such situations which the
franchisor may expect you to
carry. This is an area you should
research. By the same token,
what if your partner(s) become
disabled? They will expect,
and might need, the same share
of the business income but will
be unable to do their part in
bringing in that income. You,
in turn, may have to replace
their contribution with "hired
help" thereby adding to
the expenses. Suffice it to
say that it is important that
both you and the franchisor
be aware of some of the more
likely "problem" possibilities
and be prepared for them.
In the best case scenario having
one or more partners can work
to the advantage of both you
and the franchisor. In the worst
case, however, it can work as
a major disadvantage and there
is little you can do personally
to determine the outcome yourself.
One old cliché runs "A
problem shared is a problem
halved" while another goes
"Too many cooks spoil the
broth." There is probably
truth in both. It's up to you
(and the franchisor) to decide!
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