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Franchising FAQs Q. What are the requirements to establish a franchise? A. Three documents are crucial: the Franchise Disclosure Document (FDD), the franchise agreement and an operations manual. Q. What is a Franchise Disclosure Document? A. The Franchise Disclosure Document (FDD) prior to July 1, 2008 was known as the UFOC. The document informs prospective franchisees of their rights and obligations prior to when they sign your franchise agreement. According to the Federal Trade Commission (FTC), an FDD should give prospective franchisees “the material information they need in order to weigh the risks and benefits” of investing in your franchise business opportunity. The FTC requires your FDD to address 23 specific items of information about your franchise. Q. What is a Franchise Agreement? A. This is the legally binding contract between you the franchisee and the franchise. It fully describes all the rights and obligations of both parties. The Franchise Agreement sets the terms of the relationship with your franchise buyers, including costs, royalties and fees, taxes, patents and copyrights, territory boundaries, operational stipulations, and much more. Q. What is an Operations Manual? A. An operations manual is a detailed document providing your franchisees with complete instructions for every aspect of your business and procedures. Typically running in the hundreds of pages, operations manuals include direction on policies and procedures regarding accounting, human resources, sales and marketing, legal guidelines, and much more. This document illustrates that adhering to the policies and procedures that have made your business thrive and is absolutely crucial to your franchisees’ success. It gives franchisees clear, detailed direction and ensures consistency from one franchise to another. Most importantly it protects your business and brand. Q. Can I Produce the Required Documents on My Own? A. This is similar to defending yourself in court, it is never recommended. The FDD and the franchise agreement are complex and critical legal documents that define the terms of the relationship between you and your franchisees. If improperly written, both documents can leave you vulnerable to financial loss, lawsuits, regulatory action, fines and much more. Your operations manual is the document that protects the brand products and/or services. All three documents are very detailed and when they are clearly, concisely, and knowledgeably written, both you and your franchisees both benefit. Q. Are you Required to Register in Every State? A. Fourteen (14) U.S. states require you to register your franchise with the state prior any solicitation. While the processes are somewhat similar, each state has key differences. It is not uncommon for states to reject franchise registration applications simply because they lacked the proper forms or were not submitted in the proper order. Click Here To Get Started Today! |
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