10 Considerations Before Investing in a Franchise

Washington Department Of Financial Institutions asks:  Are you an informed franchise investor?
The state franchise regulatory department and the national NASAA organization have published the following nightmare franchise scenario, as well as its “10 Considerations Before Investing in a Franchise.”  The publication exposes some of the insider tips, tricks and secrets that the more unscrupulous franchise sales “professionals” would rather you didn’t know about:

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FRANCHISES

When Joe retired, he decided to buy a popular fast food franchise. The salesperson assured Joe that he would soon be making lots of money. But almost a year after signing his franchise agreement, Joe still doesn’t have a location for his restaurant. Each time Joe found a location he liked, the franchisor rejected his choice. Frustrated, Joe went back over papers he got before he bought his franchise. Joe noticed that more than half of all franchisees in his system failed to open in their first year, and many never opened at all. Joe also saw that the franchisor could terminate his franchise – and keep his $30,000 franchise fee – if he doesn’t open his restaurant at an approved location within 12 months.

Some people believe that owning a franchise is a safe and easy way to start a successful business.  But as Joe – and many others like Joe – learned, buying a franchise can be risky, and there is no guarantee of success, especially in an uncertain economy. If you are thinking of investing in a franchise,  you must educate yourself before you buy.

10 Considerations Before Investing in a Franchise:

1. Renewal Conditions. Most franchise agreements are limited to a specific term, usually 5 or 10 years. You may not have an automatic right to renew. Even if you can renew, you may have to satisfy certain conditions, like signing a new agreement with entirely different terms and higher fees, or face losing your business.

2. Legal Counsel. Franchise agreements are drafted by the franchisor’s attorney. They almost always give the franchisor every advantage. If you do not use an attorney to advise and assist you before you invest, you place yourself at a serious disadvantage.

3. Get it in Writing. Franchisor salespersons and brokers don’t represent your interests. They may promise you many things about a franchise before you buy, but if that promise is not stated in writing in your franchise agreement, it is unenforceable and means nothing.

4. No Easy Way Out. You may not have an easy way to close your franchise business, even if it fails. Some franchisors can actually sue for expected “future royalties” if you terminate your franchise agreement early.

5. Franchisor Control. Most franchise agreements require you to accept the franchisor’s system changes, such as menu items, advertising or a whole new decor, no matter how costly or unwise you consider them to be.

6. Dispute Resolution. Many franchise agreements require that you resolve disputes in the state where the franchisor’s headquarters is located. It may be expensive and inconvenient for you to travel to assert your rights, even if your claims are valid. Franchisors often require that disputes be “arbitrated,” which can further limit your rights and remedies.

7. Designated Suppliers. Most franchise agreements require that you buy goods or services from suppliers the franchisor designates or approves. You may not be getting the best deal for these goods and services because the supplier may be affiliated with the franchisor or may pay the franchisor a rebate based on your purchases.

8. Contact Franchisees. Every franchisee must receive a franchise disclosure document (FDD) at least 14 days before investing. The FDD contains important information about the franchise, including contact information for current and terminated franchisees. You should contact as many of these individuals as you can before you invest. Determine if a high number of franchisees have closed, transferred or never opened. If experienced franchisees are not happy (or you cannot reach them), be very skeptical.

9. Earnings Disclosures. Most franchisors choose not to disclose earnings of existing franchisees in their FDD, even though this disclosure is allowed. There may be several reasons why a franchisor would not disclose this information, but one reason may be that its franchisees are not profitable.

10. Background Check. 15 states have laws that regulate the sale of franchises, including Washington. Contact the Washington Department of Financial Institutions to find out if the franchisor is registered, and if it has received any complaints by franchisees.

Contact NASAA Phone: 202-737-0900 | Fax: 202-783-3571 | Web: www.nasaa.org

You can find information about state franchising offices at the following website: www.nasaa.org/ Industry___Regulatory_Resources/Franchise/. For more information on franchises in Washington contact: Washington State Department of Financial Institutions Phone: 1-877-RING DFI (746-4334) Web: www.dfi.wa.gov

Thanks to the Washington State Department of Financial Institutions and the NASAA for their efforts.

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WHAT DO YOU THINK?  DO YOU HAVE ANY CONSIDERATIONS TO SHARE?  LEAVE A COMMENT BELOW!

TAX FRANCHISES: Biggest Winners & Losers of 2010      Learn which tax prep franchise chains have grown – and which have declined -  in the past three years.

Every January, Entrepreneur magazine publishes the Entrepreneur 500, its ranking of what it deems the top 500 franchise companies. 

The Entrepreneur 500 is a pretty big franchise advertising event, as franchisor’s will tout their inclusion throughout the year as proof of their legitimacy (I never understood why companies considered being #476 – with 475 companies ahead of you – the basis of bragging rights). 

While the rankings themselves are in many cases are suspect, the Entrepreneur 500 nevertheless provides year-over-year data about franchise companies.

The tax franchise data below are from Entrepreneur’s 2011 Franchise 500.  Is the data accurate?  Tax preparation franchisees and other insiders are invited to add their insights via the comment section below. 

According to Entrepreneur, the number of tax preparation franchises remained stable at just under 10,000.

The total number of tax franchises listed in the Entrepreneur 500 has remained relatively stable throughout the past 3 years.  In 2008, Entrepreneur listed a total of 9517.  In 2009, they listed 9491 tax franchise locations, a decline of 26.  For 2010, they listed 9533 tax franchises, an increase of 41 units over 2009 and an overall increase of 16 units over the 3 year period.

No mention of Jackson Hewitt.

Noticeably absent from these numbers – and from the ranking itself – is any mention of Jackson Hewitt.  Jackson Hewitt marketing materials reference being named Entrepreneur 500’s #1 tax franchise for 15 years straight.  Yet, the Entrepreneur 500 has made no mention of Jackson Hewitt since January, 2008 and their last franchise numbers are for 2007 (5778).  It’s not clear whether the troubled Jackson Hewitt chose not to participate, or whether they were dropped from the list by Entrepreneur.

While the total number of tax franchises may appear stable, that doesn’t mean that there hasn’t been significant turmoil, closings and turnover of franchises in the tax preparation sector.  Entrepreneur’s numbers suggest there have been some big losers and some big winners in terms of unit growth.

Biggest Losers:  Instant Tax Service, H&R Block, ExpressTax

In terms of the total decline in franchise units, the biggest losers in the Franchise 500 are Instant Tax Service (-308), H&R Block (-261), and ExpressTax (-246).

In terms of the greatest percentage of unit decline, the biggest losers are ExpressTax (-48%), Instant Tax (-26%) and H&R Block (-5%).

(If included, Jackson Hewitt may have represented a decline of about 347 units, or -5%,  from 2007- 2010).

It’s worth noting that these percentages should not be misconstrued as failure rates.  Failure rates could be much higher, as new franchise sales and resales could be masking franchise failures.

Biggest Winners:  Liberty Tax, Tax Centers of America, Roni Deutch

In terms of total franchise unit growth, the winner by several lengths is Liberty Tax, which boasts an increase of 701 locations (28%) since 2008.  In the 2nd and 3rd spots are Tax Centers of America (+57) and Roni Deutch Tax Centers (+56).

In terms of franchise system growth, the winners are Smart Tax (800%), Eagle Tax (733%), Roni Deutch Tax Centers (350%), and Tax Centers of America (47%).

Your comments and insights wanted.

How accurate are the Entrepreneur 500 numbers and rankings?

What factors affected the growth – and decline – of these franchise companies?

What factors will affect their viability in 2011 and beyond?

No doubt, 2011 will be a volatile year for tax franchises.  Who will be the biggest winners?

Who will be the biggest losers… and why?

Please share your industry insights and opinions below.

* Source:  Jackson Hewitt 2010 Annual Report

All other data is from Entrepreneur Magazine, January, 2011

(See Cuppy’s Coffee Overview for story links)

Many Cuppy’s Coffee franchisees were “preapproved” for financing from the company and gave its Elite Manufacturing affiliate $30K – $52K “refundable” deposits. When the franchisees were unable to secure funding, Elite refused (or was unable) to return their money. 

Those who did get funding (often through SBA-backed loans secured with their homes) and a location have worse stories of construction delays, lack of support, and individual losses in the hundreds of thousands of dollars.  Today, only a handful of Cuppy’s Coffee locations remain in business, some under other names.  (See CUPPY’S COFFEE: List of Locations, Status)

UnhappyFranchisee.com has been a harsh critic of Cuppy’s founder Robert “Morg” Morgan, and Morgan’s hired consultant (who subsequently purchased, then abandoned, the company) Robert Dale Nabors.   In recent months, Morg Morgan has been in communication with UnhappyFranchisee.com, and has expressed his remorse for the outcome of the failed franchise effort and the devastation and pain it caused.

As financial remuneration is not viable (Morgan is reportedly working for subsistence wages at a 501 c3 non-profit organization), UnhappyFranchisee.com suggested an apology.  Robert “Morg” Morgan’s apology is posted in its entirety, below:

“Dear Cuppy’s Coffee franchisees, prospective franchisees or anyone else who lost money with Cuppy’s Coffee:

“I deeply apologize for any pain, financial and/or personal losses you and your families may have suffered by pursuing ownership of a Cuppy’s Coffee franchise.

“I am not apologizing in the hope of gaining your forgiveness, or gaining sympathy. I’ll never forgive myself for the pain and hardship I’ve caused not only you, but the employees, vendors and my family members.  Not a day goes by that I don’t wish I could turn back the hands of time so things could have worked out differently.

“Some have characterized Cuppy’s Coffee as a scam from the start.  I can assure you that my intention from the beginning was to build a world-class company that enriched the lives of all involved.  To say I am deeply regretful for the many bad business decisions I made would be an understatement. I know now that I was ill-prepared to take on the responsibility of caring for the people that depended on me to make the right decisions. My sorrow for the pain I caused is beyond measure. 

“My decisions were never intended to cause harm.  I had believed in myself, my staff, the franchisees, and the Cuppy’s Coffee concept. My dream was to do something that would make a positive difference in other people’s lives, not to profit at their expense.  That dream turned into a nightmare that permeates the lives of so many and continues to wound and harm the lives of hundreds of franchisees, employees, friends and family.

“I search my heart everyday and most of my nights are filled with tears and sorrow over what has happened to the franchisees, my family, staff and friends.  I really thought I could make a difference with Medina and the other companies that I led.  I was wrong about that, but there was not a day that I did not try to make things work for everyone. I just plain failed and thereby caused terrible suffering for everyone.  Perhaps it does not matter that I did not intentionally do harm.  The harm is evident and I was the leader of the company.

“I don’t know if my apology will help some of you or not, but it’s all I have to give.  If I could restore your finances, I would.  Despite what’s been reported, this venture left me and many of my family members penniless as well.  I have no savings, business or personal property, and no, I have not moved my assets off shore or into anyone else’s name.  However, I know my losses and hardship do not compare to what some of you have endured.

“I have left the business world with no plans to ever return.  I will never again be involved with selling franchises or business opportunities. I have tried to take the money equation out of my life.  It seems that for me money and the charge it holds confuses what I really am about, as a human being.
   

“I cannot adequately apologize or express my deepest sorrow for my bad decisions.  I know that I will never get a second chance to erase the pain I have caused. I know it’s not possible to do, but I would give my very soul if I could turn back the hands of time and do things differently. 

“Robert “Morg” Morgan”

What do you think?  Feel free to share a comment below.

Franchises fail.

Even good franchises fail.

Even good franchises with quality products, supportive franchisors & diligent franchisees fail.

Not all, not most, but a good many fail.

That’s because opening a franchise, like opening a non-franchise, is a business venture.  Franchise businesses are subject to the same threats of competition, market saturation and recession as other businesses.

A particular franchise may provide advantages that help (name recognition, established system, support), but it will also have burdens that can hurt or even sink a business venture (franchise fees, royalties, lack of flexibility).

In some cases, the fees and restrictions imposed by a franchisor could be the difference between profitability and failure.

The significance of this revelation for the franchise seeker, in my humble opinion, is two-fold.

First, if franchising is the right choice for you, you must find a franchise where the benefits (concept, support, etc.) far offset the burdens and costs (royalties, restrictions, etc.). Second, you need to consider the ramifications if you do everything right and still fail. Will you be financially devastated? Personally devastated? Will your marriage survive? Will family members who invested still speak to you? These are things you need to consider upfront.  They are also things that many franchise sales professionals will try to keep you from considering. In subtle ways, they will tell you:  Thinking negative thoughts is planning for failure.  Think and talk about failure and you’ll drive away the Success Fairy. The Franchise Lie Many franchise marketers and sellers will try to convince you that franchises are the magical, risk-defying superheroes of business start-ups. They will cite imaginary statistics they claim are from the Department of Commerce or SBA that prove that independent businesses are doomed from Day One, while franchises hardly ever fail.  (Read Lies, Damn Lies & Franchise Statistics for more on these claims and who uses them) The few franchises that do fail, they’ll tell you, were owned by bad franchisees who “didn’t follow the system.”  They had negative attitudes.  They backed over the Success Fairy with their SUVs. These skilled sales pros claim that franchises, all franchises, are immune to the business failure virus. They lie. Here’s the Truth:  Even Good Franchises Can Fail. The truth is, there are good franchises, bad franchises, and grab-your-checkbook-and-run-like-hell franchises. And not even good franchises, run by good franchisees, are immune to the pressures of competition and the economy. I was reminded of this when I passed a closed WOW Cafe & Wingery franchise in York, PA last week. It was a nice looking restaurant on the extremely high-traffic Route 30, not far from the Harley Davidson Plant (a fine group of wing-eaters there, to be sure). I had been to a WOW Cafe before and it was decent.  Wondering why the York location failed, I checked Yelp to see if the food or service was lacking.  Every review had been positive. Back on 7/20/2007 Mark A. wrote:

What can I say, this place is a guy’s dream. Good food, good drinks, and get this…..TV at the table! Well, TV at four of the tables. Those poor souls unlucky enough to get their own can watch one of the other screens hanging in the corners of the ceiling. Seriously, WOW Wingery has plump, juicy wings with lots of  great sauces including Jamaican, Buffalo, Sweet and Sour and many others. . I’ve also had the catfish and the red beans and rice, both excellent. The service is excellent and if you’re lucky you’ll get to sample some of the other items on the menu. Someone brought by samples of the baked beans while I was there and they were delicious. By the way, did I mention they have TV at the table?

Back on 3/8/2008 Phillip G. wrote:

Though this is part of a larger chain, it is a franchise and the owner has been present every time we’ve ordered. Great quality, fresh chicken. The tenders/tossers/wings are superb, actually everything i’ve ordered has been great. The only thing I will say is some of the young people who operate the phones/registers are high school students and may be a bit disinterested at times.

Then, on 3/13/2009 Juli R. wrote:

Tried to go to the WOW Cafe and Wingery today and found it closed.  Like out-of-business-closed.

Nearby, Damon’s Grill & Lone Star Steakhouse Franchises are Also Shuttered Just around the corner from the closed York, PA WOW Cafe & Wingery franchise sits the closed Damon’s Grill franchise.  I’ve been a customer of that Damon’s in the past and the food was always good and the service excellent.  The franchise is owned by one of the top multi-unit franchise owners in the system.  Her nearby Lancaster Damon’s has been the highest grossing restaurants in the system.  And still the York location failed. Across the street from the closed WOW Cafe & Wingery franchise is a Lone Star Steakhouse franchise, closed since 2008.  It looks like a tourist attraction in an old west ghost town. Within blocks of one another, Hooter’s, Applebees, Smokey Bones, Logan’s Roadhouse, T.G.I. Friday’s and a bunch of other casual dining franchises are still duking it out. A new 5 Guys Burgers & Fries added to the competition in a corridor already filled with McDonald’s, Wendy’s, Hardees, Taco Bell, KFC, Subway, Dunkin Donuts and the rest of the fast food gang. Last year York, PA just barely kept the Harley Davidson plant from moving out of state.  When that inevitably happens, there will be even more pressure on the struggling franchises that geared up for an industrial market that’s been hanging on by a thread. Their closures will push The Franchise Lie of a 90% success rate even further into Fantasyland.

Sometimes Bad Things Happen to Good Franchisees.

On UnhappyFranchisee.com, we’ve written a lot about the downfalls of poor concepts, unresponsive franchise companies, and outright franchise scams.

We believe that it’s in everyone’s best interest for franchisees to embark on their business ventures with eyes wide open.

Part of that is realizing that, sometimes, bad things happen to good franchises and to good franchisees.

If you can’t handle the truth that you can do everything right and still fail, then business ownership, franchised or not, is something you should strongly reconsider.

WHAT DO YOU THINK?  SHARE A COMMENT BELOW.

Email the author or site admin at:  UnhappyFranchisee[at]gmail.com

More than 1/3 of the domestic Curves fitness club franchises have closed in the past 3 years.

In 2009 alone, more than 1000 Curves franchise owners lost their dream businesses… along with their savings, retirement accounts and, in some cases, their homes.

But there’s no cause for alarm, according to Curves International President Mike Raymond.

According to Raymond’s comments in the Wall Street Journal, what may be the largest mass-closing in franchising history is all part of Curves International’s master strategic plan:

Franchisees and industry experts point to a failure to keep up with changing trends—including more flexible hours for busy working women—cheaper competition and the tough economy as major reasons for Curves’ decline.

The company disagrees with its critics, contending that much of the club closings were intended as part of a plan to “prune the system,” according to Curves President Mike Raymond. Some owners had bought into Curves for the wrong reasons, he says, “they were motivated primarily as investors rather than owners.”

No Cause for Concern. Corporate Profits are Up!

Sure, thousands of club owners may be devastated and their club members forsaken, but there is a silver lining:  Curves International actually increased earnings as a percentage of sales, with 2009 earnings of $16.4 million on revenue of $84.1 million.

So the story has a happy ending after all… unless, of course, you are one of the prunees.

Unless, of course, you are  one of the thousands of franchise owners who actually believed Curves International when they said that, as one of their franchisees, you’d be going into business for yourself but not by yourself.

To be fair, if Curves International had stated that their franchise would give owners the opportunity to be, say, superfluous twigs to be eventually pruned from their corporate money tree, Curves never would have become the fastest growing franchise in history…

Now would they?

CURVES FRANCHISE OWNERS:

Share your feelings, opinions and experiences with founder Gary Heavin,  President Mike Raymond and the board of Curves International, below.

Contact us at UnhappyFranchisee[at]gmail.com

Also read:

CURVES: 1000 Franchise Clubs Failed Last Year (More on the WSJ article)

Robert Lay’s Story (Featuring 850+ Curves franchisee comments)

Curves Posts on UnhappyFranchisee.Com (Directory of posts & discussions about Curves)

photo credit:  stefano lubiana wines License:  creative commons

FranBest.com is putting together the definitive guide to BBQ and related restaurant franchise opportunities, and we need your input.

We know some BBQ aficionados and purists out there may turn up their noses at chain barbecue joints, but we want to know which chains have been able to successfully duplicate great bbq taste and atmosphere across multiple locations and operators.

Leave a comment, accolade and/or endorsement for your favorite(s) below.  Franchise owners, franchisees & employees are welcome to brag on their own chain (after all, you eat it all the time).

Here’s our list so far.  Have we missed any?

LOVE BARBECUE?  WHICH CHAIN DO YOU RECOMMEND AND WHY?

BBQ franchisors, for advertising info on the upcoming guides, please email Sean Kelly at info[at]franbest.com.

Which of these 50+ BBQ (Barbecue, BAR-B-Q, Bar-b-que) chains are your favorites… and why?

FranBest.com is putting together the definitive guide to BBQ and related restaurant franchise opportunities, and we need your input.

We know some BBQ aficionados and purists out there may turn up their noses at chain barbecue joints, but we want to know which chains have been able to successfully duplicate great bbq taste and atmosphere across multiple locations and operators.

Leave a comment, accolade and/or endorsement for your favorite(s) below.  Franchise owners, franchisees & employees are welcome to brag on their own chain (after all, you eat it all the time).

Here’s our list so far.  Have we missed any?

LOVE BARBECUE?  WHICH CHAIN DO YOU RECOMMEND AND WHY?

BBQ franchisors, for advertising info on the upcoming guides, please email Sean Kelly at info[at]franbest.com.

According to CNNMoney.com, the “loan data is from the Small Business Administration, covering loans made from October 2000 through September 2009. The failure rate represents the number of loans in liquidation or charged off, divided by the number of loans disbursed.”

The Matco Tools was deemed the riskiest franchise with a 36% franchise loan default rate.

Cold Stone Creamery franchise was listed as 2nd worst with a 31% failure rate.

The much maligned (& litigated) Quiznos franchise was 3rd worst with a 25% default rate.

The Curves franchise was the 4th worst, with a 16% SBA loan default rate (no surprise to readers of this site or to those who left 600+ comments on our Curves franchise discussion)

Also posting a double-digit default rate is heavily promoted The UPS Store franchise with a 12% SBA franchise loan default rate.

The winners include Super 8 and Days Inn motel franchises with 4% and 6% respectively, Subway with a 7% default rate and Dairy Queen & Dunkin’ Donuts franchises with 8% default rates.

Franchises with the Highest Failure Rates:

Here are comments from the CNN writer, from worst to best:

Matco Tools franchise – 36%: “Tool manufacturer and distributor Matco is the riskiest investment on the top-10 “most popular” list, with more than one third of its SBA-backed loans going bad.”

Cold Stone Creamery franchise – 31%: “The product is sweet, but the financials can be bitter. In the last 10 years almost one in three SBA-backed franchisees defaulted on their loan.”

Quiznos franchise – 25%: “One in four franchise owners was unable to make good on their SBA-backed loan. Quiznos recently settled four class-action suits brought by its franchisees, agreeing to pay as much as $100 million to end years of wrangling over its pricing, royalties and fees.”

Curves franchise – 16%: “The overhead costs are pretty low, but the investment can be risky. Curves’ fast expansion goes hand in hand with a relatively high churn rate, and almost 16% of its SBA-backed franchise loans this decade failed.”

The UPS Store franchise – 12%: “Seven years ago, they [MBE franchisees who converted] filed suit against UPS, and will finally take their case to trial later this month in Los Angeles. Meanwhile, UPS rolls on, adding new franchisees to its network for an initial fee just shy of $30,000.”

Franchises with the Lowest Failure Rates:

Super 8 franchise – 4%: “Getting into the motel industry is pricey… but it’s also a pretty safe bet. Among the handful of franchise brands… a notable number are hotels and motels. Super 8 has the lowest default rate on this top-10 list, hovering just under 4%.”

Days Inn franchise – 6%: “Days Inn is another member of the Wyndham Hotel Group’s franchise family. Launched in 1970, the chain currently boasts 1,900 hotels throughout 15 countries.”

Subway franchise – 7%: “With fewer than 8% of SBA-backed borrowers defaulting on their loans, Subway has a better track record than similar brands — rival sub shop Blimpie has a 46% loan failure rate, and Quiznos is also well into the double digits.”

Dairy Queen franchise – 8%: “Today, it boasts 5,700 locations around the globe and a single-digit failure rate for its SBA-backed franchise loans, making it one of the safer investments in the food franchise market.”

Dunkin’ Donuts franchise – 8%: “Dunkin’ Donuts’ modest default rate is matched by its corporate sibling, Baskin-Robbins, which had a 10% failure rate for its SBA-backed loans.”

ARE YOU FAMILIAR WITH THESE FRANCHISE OPPORTUNITIES?  WHAT DO YOU THINK?  SHARE A COMMENT BELOW.

Source: CNNMoney.com

The demand for affordable spa services is booming… This powerhouse team is ready to seize it.

My search for the most promising new and emerging franchise opportunities recently led me to the seaside town of Toms River, New Jersey, and to Discovery Day at the home office of The Hand & Stone Franchise Corporation.

This series of short posts will give you a glimpse into this fast-growing new franchise opportunity that has attracted some of the top talent in the franchise industry.

Part 1: What to Look For in a Franchise

Part 2: The Booming Market for Massage & Facials

Part 3: How Hand & Stone Meets the Market Need

Part 4: The Powerhouse Team Behind Hand & Stone Massage

Part 5: Franchise Discovery Day at Hand & Stone Massage

Image:  Hand & Stone Massage

The demand for affordable spa services is booming… This powerhouse team is ready to seize it.

My search for the most promising new and emerging franchise opportunities recently led me to the seaside town of Toms River, New Jersey, and to Discovery Day at the home office of The Hand & Stone Franchise Corporation.

This series of short posts will give you a glimpse into this fast-growing new franchise opportunity that has attracted some of the top talent in the franchise industry.

Part 1: What to Look For in a Franchise

Part 2: The Booming Market for Massage & Facials

Part 3: How Hand & Stone Meets the Market Need

Part 4: The Powerhouse Team Behind Hand & Stone Massage

Part 5: Franchise Discovery Day at Hand & Stone Massage

Image:  Hand & Stone Massage