LOI (LETTER OF INTENT) vs THE LEASE

Photo by Antoni Shkraba

The lease is LEGALLY BINDING (think marriage), and while it is important to make sure that the main terms of the LOI are reflected in the lease, it is equally as important to hire an attorney to protect you from a legal standpoint (think pre-nuptial agreement).

LOI (Letter of Intent) vs. Lease
By David Simmonds – Founder & President, RESOLUT RE

The site selection search is an awful lot like dating. First, you’re looking around, trying to get more of a feel for what’s out there. Then the casual meetups start (think showings). From there comes the sizing-up phase (think LOI aka Letter of Intent)…a phase during which the two parties (landlord and tenant/buyer and seller) start laying out the terms and conditions on which the relationship would be structured. Some are deal breakers, and some can be negotiated. The critical thing to remember is that the LOI process should be NON-LEGALLY binding and needs language within that says as much.

The lease is LEGALLY BINDING (think marriage), and while it is important to make sure that the main terms of the LOI are reflected in the lease, it is equally as important to hire an attorney to protect you from a legal standpoint (think pre-nuptial agreement). And if things go wrong during the relationship, and the issues aren’t getting resolved, both sides will use the lease to justify their side of the story.

Don’t get bogged down with the nitty-gritty during the LOI process. It serves as a basic outline of the economics the owner and prospect agree to, leaving the finer points to your attorney.

And ALWAYS have the LOI signed by both parties. While the agreement is non-binding, the signatures memorialize what was agreed to going into the lease phase. Memories can become inconsistent sometimes.
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About The Author: DAVID SIMMONDS
David Simmonds founded RESOLUT RE in January 2009 and has built a massive, international, 3rd-party brokerage platform. RESOLUTE RE has six offices across Texas (Dallas/Fort Worth, Houston, Austin/San Antonio, McAllen, Midland & El Paso) and serves the great states of Louisiana and New Mexico out of offices in Lafayette, Albuquerque, and Santa Fe.
RESOLUT RE represents 68 tenants nationally/internationally. We can service our clients’ expansion needs anywhere in the United States and up to 130 countries around the globe.
RESOLUTE RE markets over 800 projects and exclusively represents over 250 tenants regionally across Texas, New Mexico, and Louisiana.
David is a member of the International Franchise Association (IFA) and the International Council of Shopping Centers (ICSC) and received a Bachelor of Arts degree in Economics from Columbia College/Columbia University in New York City.

5 Tips To Finding A Great Location To Open Your Restaurant

Photo by Toa Heftiba on Unsplash

You can have the best food, drinks, and service in town, but if you don’t have a location that gets people into your restaurant, you will not be able to make money. If your site is too far away from where people live and work, your customer base will be limited to tourists or other people who are willing to make the drive. This means that while they may be loyal customers, they are unlikely to spend as much as residents.

5 Tips To Finding A Great Location To Open Your Restaurant
By Dom Hemingway

Finding the right location for your restaurant is one of the most important decisions you will make. It will affect everything from how much money you spend to what kind of traffic you get and even how much revenue your restaurant generates. In this article, we’ll help break down the steps to finding an excellent location for your business so that you can open with confidence.

You can’t change location unless you have a big budget, so take your time to find a good location.
While the location is the most critical decision in opening your restaurant, finding a good one can be challenging. If you can afford to pay rent and not make money for a few months while your business finds its footing, then it’s great to have this option. But if you don’t have that kind of budget and need cash flow from day one, finding that perfect spot may be harder than anticipated. If you have enough capital for a few months of rent and no income during that period, then go ahead and explore some areas where there aren’t many other restaurants nearby. You could be surprised by how much traffic is coming into these locations—ask yourself: “Where do people go when they want to eat out?”

If there are many restaurants nearby, you’ll need to compete vigorously for customers. So explore those spots, if your food isn’t unique, chances are it won’t stand out in such a competitive environment.

Site Selection is the most important step, so it is vital that you get it right.
You can have the best food, drinks, and service in town, but if you don’t have a location that gets people into your restaurant, you will not be able to make money. If your site is too far away from where people live and work, your customer base will be limited to tourists or other people who are willing to make the drive. This means that while they may be loyal customers, they are unlikely to spend as much as residents.

When looking for a location, consider:
* How close is my proposed location compared with competitors?
* Will it give me an advantage over them?
* Can I increase foot traffic by opening near other businesses (like coffee shops)?
* Is there enough parking available at my proposed location? In some areas, this might mean building more parking spaces than you need because those spaces will likely remain empty during most hours of operation.

Think about your customers. Where do they live? What type of neighborhood? Will they drive? Will they bike? What kind of plaza or strip mall will they want to have breakfast, lunch, or dinner?
Look at the location in terms of your customers. Think about where they live and where they will drive, bike, or walk. What kind of plaza or strip mall would be most appealing to them?
What kind of stores do they like? What stores do you want to bhave as neighbors? Are any businesses at the site struggling or close to failing? If so, you might consider whether that’s a location where people are still shopping—or if it’s one where customers might have moved on.

Make sure there are no significant competitors nearby.
While choosing a location with a lot of foot traffic might seem like a good idea, this can be risky. If there are other restaurants nearby that do well or poorly, they’ll have an impact on your own business. For example: If you’re opening up your new restaurant in the same space as an old one that closed down, customers may not want to try something new immediately because they associate that space with the previous restaurant’s failures (or successes).

Evaluate Competition
Before you sign up for anything, know all the financial details and look at the best and worst-case scenarios. Make sure you feel comfortable with both before signing a lease.

Ensure that the location is near your target market (i.e., people who will buy your product).
If possible, avoid sites that have too many other restaurants nearby. You don’t want competition from other businesses in your area.

Finding the right location will help ensure your restaurant’s success.
A restaurant’s location is one of the most critical factors for success. The first thing customers see when they come to your restaurant is its location, which can affect their perception of the quality of food and service. The site affects how many people come through your doors, what they order, and how much they spend there. It also affects rent costs.
A real estate agent in Little Italy, Toronto, once said: “There are three things that will make or break a business – location, location, and location!” A good restaurant owner should always know what kind of customers frequent his restaurant and where his competition does business. Be mindful of how these factors affect sales volume at each location.

Conclusion
So, there are five simple tips to help you find an excellent location for your restaurant. Remember, your site is one of the most critical factors in determining whether or not your business succeeds! It doesn’t matter how much money and time you spend on advertising if no one can find your restaurant. So take these tips to heart—and then go out and find that perfect spot for yourself!

An Overlooked Franchisor Recruitment Strategy

After having been in the franchise industry for many years, I have not seen enough emerging and mid-sized franchisors emphasize in detail, how it analyzes, identifies, and determines the territory a franchisee will be granted.

An Overlooked Franchisor Recruitment Strategy

FRANCHISING,
Ed Teixeira is Chief Operating Officer of Franchise Grade and was the founder and President of FranchiseKnowHow, L.L.C. a franchise consulting firm.

By Ed Teixeira
VP Franchise Grade, Author, MA Economics, Industry Partner Stony Brook U. and member of Advisory Board Pace U. Lubin School of Business.

To grow a franchise system a franchisor must have qualified franchise leads that can turn into viable franchise candidates. This is a fundamental truism of franchising, whether a franchisor generates their own leads, uses lead gen portals, or receives franchisee prospects from other sources. However, acquiring franchise leads is only a part of the franchise development process. A franchisee prospect needs to be sufficiently impressed with a franchise opportunity before proceeding to the next steps in the process.

To achieve this objective the usual approach employed by franchisors is to cite the market demand for the franchise’s products or services, franchisor training and support and providing a financial performance representation in an Item 19 disclosure. However, these benefits exclude one of the most critical requirements of any business, especially a franchise, the quality of the market territory the franchisee will acquire as part of their franchise investment.

After having been in the franchise industry for many years, I have not seen enough emerging and mid-sized franchisors emphasize in detail, how it analyzes, identifies, and determines the territory a franchisee will be granted. Although this subject is typically covered at the early stages of discussions between the franchisor and a franchisee prospect it has been my experience that the franchisee market does not receive enough focus by some franchisors. While the type of territory whether open, protected, or exclusive is an important factor for a prospective franchisee the market potential is equally important.

1. Franchisors should devote more resources and place more attention on how they identify and define a franchisee market and present this information at the earliest stages of the franchise process. This strategy may require a franchisor to invest additional resources into defining franchisee markets.

2. Avoid utilizing surface metrics to define a market. For example, a home care franchisor may use the number of residents over 65 to define a market, yet will that indicate how many of this market segment can afford to pay for home care services? The same concept relates to children’s services. Two markets with a comparable number of school age children should be analyzed to determine whether family incomes are available to pay for those services.

3. Invest in using a reputable market research firm with credentials to identify an ideal market profile. Franchisors should have a detailed franchisee and market profile. It is not necessary to describe all the details regarding the territory but rather to emphasize the importance that each franchisee has a quality market.

4. A number of franchisee prospects have a pre-determined choice of territory based upon where they live or their gut instinct. There are franchisors that readily accepts the choice, however if the franchise fails due to poor sales this issue will not be raised. Franchisors should not accept a franchise candidates’ preference for a territory unless the decision is based upon careful analysis.

Franchisors should devote the resources and focus upon the importance of a franchises market potential and present the franchisee market as a major feature of the franchise opportunity. This should be introduced at the beginning of the franchise presentation process including brochures and on the franchise website.

About the Author:
Ed Teixeira is currently the VP of Franchise Development for Franchise Grade.com. He’s had the opportunity to spend over 35 years in the franchise industry as a franchise executive and franchisee. Ed has an MA in Economics from Northeastern U. His franchise experience has included the retail, manufacturing, home health care, medical staffing and GPS fleet tracking industries. EWd has done international licensing in Asia, Europe, and South America and was a contributor to Forbes Magazine. He’s been qualified by the International Center for Dispute Resolution as an international franchise expert. Ed is a faculty member of LawLine.com I have Lectured at Stony Brook University Business School on the subject of Franchising. Been interviewed by the Wall Street Journal, Forbes, Bloomberg, Franchise Times, Franchise Update, New York Newsday and Long Island Business Review. He wrote and published The Franchise Buyers Manual a comprehensive book for people considering investing in a franchise. In 2004 Ed wrote Franchising From the Inside Out an overview of the franchise industry. He have established numerous franchise concepts for independent business owners and with my affiliates do international franchising. Ed has been designated a franchise industry expert by The Business Broker Press. Am a member of the Advisory Board Pace University Lubin School of Business and Industry Partner Stony Brook University.

What Does It Take to Launch a Successful Restaurant?

It could be a Wine Bar with small plates, or a BBQ theme or a Create Your Plate concept. Whatever you decide, it is critical that the environment and “vibe” within the restaurant places the guest firmly inside the experience you’re attempting to create. Don’t confuse the guest with a concept that’s disconnected. As I often remind my clients, “everything touches everything else.”

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BY GARY OCCHIOGROSSO – FOUNDER OF FRANCHISE GROWTH SOLUTIONS.

Tripwires to avoid – Desire and passion will only get you so far. Create your business plan as a road map.

For many people, opening a restaurant is a dream. One of the many things I find so interesting about the restaurant business is the blend of creative artistry and the detailed and challenging business aspects necessary to be successful. As an Adjunct Instructor at NYU’s School of Professional Studies, I teach restaurant concept development and business planning. On several occasions, I have been asked by my students to summarize the top issues that one must consider when planning to open a restaurant. Generally, regardless of the type of restaurant, the planning and considerations are the same. I’ll cover a few of the top line elements here.

At the beginning of the process, you should write a simple business plan. It would help if you thought about the many pieces of the puzzle connected to a successful outcome. Many novice restaurateurs, very often chefs, only consider the food component, but there is so much more. A well thought out business plan will include creating a unique concept, a competitive analysis, site selection, financial projections, equipment needs, staffing, and of course, the menu.

Let’s start with a concept

It’s essential that your restaurant offers a unique experience. It could be a Wine Bar with small plates, or a BBQ theme or a Create Your Plate concept. Whatever you decide, it is critical that the environment and “vibe” within the restaurant places the guest firmly inside the experience you’re attempting to create. Don’t confuse the guest with a concept that’s disconnected. As I often remind my clients, “everything touches everything else.” For instance, you wouldn’t use elegant tableware in a fried chicken restaurant or disposable plates in an upscale steakhouse. As obvious as this may seem on the broader elements, it’s essential to take that idea to every detail of the restaurant concept, no matter how small. Everything from the paint color to the music to the tabletops to the wall hanging must work together. The decor elements, the menu, and the service level need to provide the guests with a seamless experience that, when done well, goes almost unnoticed because it’s natural and authentic.

If You Build It, Will They Come?

Building a clientele is never as easy as hanging a sign over the door. It takes smart planning, execution of marketing, and living up to the promise in your mission and brand position statement. You should never assume, “if you build it, they will come.” Questions to ask yourself are; how will my restaurant connect with people? Why does my restaurant exist? What type of people am I looking to attract? What do they read or watch? How do they spend their spare time? What is the best way to reach them? Your concept should appeal to a particular, selected audience. There is no such thing as “everyone is my customer.” Knowing why and for whom your restaurant exists is crucial to success. Your marketing plan should offer compelling reasons why that guest base should frequent your establishment regularly. Is the concept created for health-conscious people? Is it aimed at Millennials or Baby Boomers? It is a full menu or dessert brand or a convenient, fast food, value-based concept. Your social media, print ads, and community outreach should focus on one single audience with one single message. Once you’ve built a loyal base of customers and repeat business, then you should consider expanding your base by marketing to others in the area with a proposition that appeals to them.

Your People Plan is Key

A great team will help you win everyday. Hiring great people is the first step in delivering service excellence and a consistent product to your guests. Your mission statement “the why” along with a corporate culture that emphasizes respect for employees, commitment to your guests, service to the community, and concern for the environment will guide you when selecting your staff. It’s not enough to hire people with restaurant experience; they should also understand and be excited about the mission of the restaurant. If not, they will go through the motions with an inauthentic approach and often fail at exceeding guest expectations. Examine your corporate core values and hire people that match it. Next, supply your staff with comprehensive, ongoing training and the proper tools so can they carry out the day to day tasks flawlessly. Hire for qualities, train for skills.

The Market and Competition

Understanding the market area where you’d like to open your restaurant is a crucial element to the plan. Carefully research the demographics to ensure there are enough people in the area that match whom you believe will embrace your concept. When looking for your location, work with an experienced commercial broker that can supply you with data to help you choose the area and the site correctly.

A full competitive analysis is also essential. For example, check the pricing of your competition. Be sure you’re not over or underpriced for the market. Check other services they offer, such as delivery and online ordering. Spend time in the market area, dine several times at as many competitors as possible, and position your restaurant to address the missing needs in the market. Having a unique value and selling proposition will keep you ahead of the game. Remember, everyone is vying for the same consumer dollars, so you need to create points of differentiation that will help your establishment stand out from the competition.

Consistently Great Food

Your menu must not only be relevant to the concept and the market but should be prepared and served perfectly every time. Restaurant guests expect dishes they grown to love to have the same flavor and high quality each time they visit. Inconsistent products can lead to disappointed guests, bad reviews, and slumping business. Your menu should be not only delicious but also simple to execute. The more straightforward the menu, the less chance of mistakes in preparation. Consistency increases guest satisfaction. Some chefs and “foodies” create menu items that are too complicated and require a highly skilled professional in the kitchen. This approach is fine if you intend to open a high-end restaurant staffed with high price personnel, but not in a fast-casual or family restaurant setting. A winning menu is simple, fresh, relevant, and great tasting. A competent chef can assist in developing dishes that are unique and great tasting that are also simple to produce with less skilled labor. If you have aspirations of owning more than one location, then simple execution, and consistent products are a must to achieve the goal of operating multiple restaurants.

Cash Is King

There are many reasons why restaurants fold. It could be the wrong concept, poor choice of location, not correctly researching the competition, poor service, an uninspiring menu, or bad food, to name a few. That said, the negative impact of undercapitalization may be the most frequent cause of restaurant failures. Knowing how much money you need to launch the restaurant is only the tip of the iceberg. You must assess ongoing cash needs while the restaurant is newly opened and gaining momentum. It may take many months for a restaurant to break even and then eventually become profitable. Being able to support the financial needs during this phase is often the “make or break” challenge that many new restaurateurs cannot overcome. A well thought out projection model that you create with the help of a professional financial advisor can save you from the frustration, negative financial impact and heartbreak of a failed restaurant. Considering capital needs for the first twelve to fifteen months is not only prudent but essential to the success of any new restaurant. You must be prepared to cover the operational costs and expenses as the restaurant “ramps up.” Carefully consider your cash needs and how much working capital you must have on hand, ready to deploy.

Have A Plan And Follow Your Dream

Owning a restaurant can be personally rewarding and profitable. Many people have built great restaurant companies following these simple guidelines. Desire and passion will only get you so far. Create your business plan as a road map. Your plan will help you stay on track when dealing with the many moving parts of launching and successfully operating a new restaurant.

For information on hiring the right restaurant consultant to help you get started visit: www.franchisegrowthsolutions.com