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Franchise Development

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Submitted By zhindra03
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FRANCHISE DEVELOPMENT – DOING IT RIGHT
For those of us experienced in franchising, we are often amazed when companies considering the establishment of a new franchise system (even large, well-established international companies) begin the process at the end - the development of the legal agreements. Presented with a lengthy questionnaire by their legal counsel, they are asked to provide information necessary to prepare franchise agreements and disclosure documents. The problem, though, is that the questions are often their main guide to how their franchise system should be structured.
As a potential franchisor you may not fully understand all of the questions or have an independent frame of reference to know what all your available options truly are. The attorneys, knowledgeable in the law and prior agreements, often will provide you with advice and direction. However, without the benefit of being able to evaluate business alternatives, conduct research, and fully explore the strategic considerations that most of these decisions require, the franchise system will often end up operating as a legal vehicle for expansion rather than what it truly should be, a business structure for expansion.
Since the franchising process began with the development of legal documents, new franchisors may view their franchise system as a legal device governed primarily by the rule of law. Experienced franchisors understand that while the law is an element of franchising, it truly is a minor portion of the way franchisors manage their business, make decisions on its direction, or how they interact with their franchisees.
If you think about legal agreements taking the lead in the franchise development process, it would be similar to an attorney asking you questions necessary to draft leases on a residential building before the market studies are conducted, the location is selected, the

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