HOW TO SELECT THE OPTIMAL VALUATION TECHNIQUE FOR YOUR STARTUP

Revenue multiples are helpful for both private companies (which lack stock prices) and public companies (for which stock prices are readily available). They’re also beneficial for businesses with low sales because they’re less affected by fluctuations in gross margins and other financial metrics that may fluctuate based on industry trends or economic conditions during the analyzed period.

How To Select The Optimal Valuation Technique For Your Startup
By FMM Contributor, Johnny Dey

Introduction

It is simple to focus on the day-to-day operations of your business when launching a business. You should not spend too much time contemplating the value of your business or the amount you could receive if you sold it. However, valuing your venture is crucial to operating a successful business, as it helps you determine how much capital you need to raise to develop and sustain your business. When it’s time for an investor or potential acquirer to make an offer on your company, valuation is an essential part of the negotiation for the selling price.

The Market Strategy

The market approach is founded on the value of comparable businesses. Therefore, this method is optimal for entrepreneurs with a proven business model or who have already raised capital.

The market approach can be utilized to determine the value of either a startup or an established business. For example, an early-stage company has yet to achieve profitability. As a result, it may not have any revenue. In contrast, a mature company has already achieved profitability. As a result, it generates sufficient cash flow to pay its obligations and reinvest in itself without raising additional capital from investors.

Revenue Multiple

Revenue multiples are a straightforward strategy for valuing a business. The multiple revenue formulae divide a company’s annual revenue by its market capitalization, which is its stock price multiplied by its outstanding shares. For instance, if your company has $1 million in revenue and a comparable company has a market capitalization of $10 million, then your company would be valued at ten times revenue, or $10 million.

Revenue multiples are helpful for both private companies (which lack stock prices) and public companies (for which stock prices are readily available). They’re also beneficial for businesses with low sales because they’re less affected by fluctuations in gross margins and other financial metrics that may fluctuate based on industry trends or economic conditions during the analyzed period.

EBITDA Multiple

Multiples of EBITDA are based on a company’s earnings before interest, taxes, depreciation, and amortization. EBITDA is an excellent indicator of profitability because it is less affected by accounting decisions than net income.

The calculation for this multiple is as follows:
Earnings Before Interest Taxes Depreciation And Amortization (EBITDA) Multiple = (Earnings Before Interest Taxes Depreciation And Amortization) / Enterprise Value

Comparable Organizations Technique

The analogous companies method is the most prevalent method of valuation. It’s founded on the presumption that your venture is a “normal” business, so you can use other comparable companies to determine its value.

This method is very time consuming, as you must identify analogous companies and compare them to yours. In addition, this method needs to account for the risk and ambiguity related to your startup’s business model and product/service offering.

Pricing Strategy

The cost approach is a method of business valuation that compares your company to others in the same industry to determine its worth. This strategy depends on tangible and ethereal assets, such as technology, team, and brand, in addition to the customer base.

Identifying competitors with similar products or services publicly traded on Nasdaq or NYSE MKT is the first step in this process (formerly known as OTC Markets Group). Once you’ve identified analogous companies, you can compare their sales figures to determine whether yours are developing at the same rate or quicker. If they’re growing faster than you, this may indicate that there’s room for expansion in your own business; however, if they’re growing more slowly than you, investors may be able to demand better terms from them when negotiating funding rounds in the future, as they’ll know how much potential value lies within each share of stock sold today compared to tomorrow’s market price once news spreads about how well Q1 earnings season went!

Benefits Of An Asset-Based Strategy

The benefit of an asset-based approach to valuation is that it measures a company’s intrinsic value. This is because it emphasizes assets rather than liabilities. Subtract your liabilities from your assets, then divide the difference by one minus your tax rate to calculate this method (1 – T).

The disadvantage of this method is that it does not account for intangible assets such as goodwill or intellectual property rights; however, these can be factored into any potential sale price through negotiation with potential buyers or sellers during due diligence processes before finalizing the transaction.

The optimal method for valuing your venture depends on the specifics of the situation and its characteristics.

The market approach is the most straightforward and intuitive method for valuing a startup. It is based on the value of comparable companies in the same industry, so it can be used for early-stage companies that do not yet have a significant amount of revenue or earnings (if any). The disadvantage of this method is that it is challenging to locate comparable companies; you will need access to an extensive database of private company financials if you wish to employ this strategy.

Conclusion

The optimal method for valuing your venture depends on the specifics of the situation and its characteristics. If you have significant market potential and wish to transfer your company immediately, you should adopt a market-based strategy. The revenue multiple and EBITDA multiple are useful for valuing established firms. In contrast, the comparable companies method helps value smaller businesses with less complex operations. The cost approach can be used when estimating value based on assets or liabilities alone. In contrast, the asset-based approach is beneficial when evaluating a company’s goodwill value.

Modern Tech Can Give Restaurants An Edge

It is much more likely that franchisors, with resources already on hand, will be able to promote system-wide improvements for all franchisees in their systems.

Modern Tech Can Give Restaurant Businesses An Edge
By Jeremy Einbinder

Restaurants are continuing to use newer technologies that have the potential to optimize the experience both for the consumer and the business. Anything that improve customer experience and reduce labor costs- which is very important in a tight market- is a win-win.

Franchised Restaurants Set Themselves Apart

All of these innovations are especially important for franchised restaurants and allows them to set themselves apart from other restaurants. For entrepreneurs looking to open restaurant locations, it can be difficult to gather all the technological resources available to improve operations. It is much more likely that franchisors, with resources already on hand, will be able to promote system-wide improvements for all franchisees in their systems. These technological enhancements are wide-ranging and could set off a franchise restaurant boom.

For instance, instead of third-party delivery apps, many customers report a preference for ordering directly from the restaurant itself. It would be beneficial, if possible, for a company to have their own internal delivery app. In addition to building brand recognition, this also helps businesses avoid paying exorbitant fees.

Fred Kirvan, Founder and CEO of Kirvan Consulting, a New Jersey based restaurant optimization and consulting firm said: “At this year’s National Restaurant Show, we observed some notable improvements in tech-driven kitchen equipment aimed at providing a more consistent product to its end-user but much of the new tech seemed to be aimed at employee retention.”

Look But Don’t Touch

Payment technologies which allow for no-contact money transfer can also prove to be crucial, especially since the pandemic. In keeping with no-touch technology, it is becoming commonplace for customers to also access only menus and order without contact, allowing for a much safer environment for everybody. The cost reduction for restaurants can be substantial.

There are also tech payment options for employee payroll. Kirvan noted: “Companies offering early pay options and incentives were the noticeable standouts for me. Employee retention is key when you can consider all the software available for taking orders, you’re going to need people to prepare those orders.

Reservation applications like Eat App, Tablein, or OpenTable allow customers to see available time slots, and book their times at their convenience. In such apps, users simply view the time slots available with the number of seats needed and select one. This takes away any awkward interaction with staff of someone calling the restaurant and asking for a specific time for a reservation, only to realize it’s not available. For the business, it allows much greater flexibility in managing waitlists as well as customer loyalty.

Reducing Friction for the Front and Back of House

For streamlining customer orders, Kitchen Display Systems are very efficient, allowing both customers and kitchen staff to seamlessly log orders, instantly displaying them on screen according to priority. This also makes accommodating dietary restrictions much easier.

Radwan Masri, a 30 year veteran in the hospitality industry and a leading international culinary consultant and franchise expert with Ayy Karamba Hospitality added “The other side of food service tech driven business is FOH & BOH automation. Labor shortage in the service business combined with an increase demand for delivered food has impacted how food orders is being processed from start to end. Self-Serve ordering stations, QR codes scanning procedures. Your order nowadays through a drive through window is not the same as it used to be. i.e. I order in Chicago via a drive through window while my order is being processed by a mom sitting at home in Atlanta GA!”

This type of innovation is incredibly valuable and can easily cut down on unnecessary laborious tasks for employees. In addition, artificial intelligence technologies like Winnow reduce food waste. Using a camera, Winnow “learns” to recognize different foods being thrown away. It then calculates the financial and environmental cost of this discarded food to commercial kitchens. This in turn saves company’s money.

In Conclusion

If franchisees and independent restauranteurs expect to stay relevant and competitive they need to take advantage of these burgeoning technologies. The guest expectation has risen as a result of the pandemic and most guests will give a restaurant one, perhaps two chances to meet or exceed their exceptions. When it comes to the the overall guest experience, using these technologies gives operators a better chance to succeed.

Franchisor Focus: The One Responsibility of Franchising Too Many Franchisors Overlook

The relationship between a franchisor and their franchisees touches every aspect of a franchise operation ranging from developing the franchise system to franchisees participating in aggressive price promotions. A positive relationship can enable success while poor franchise relations can thwart it.

Franchisor Focus: The One Responsibility of Franchising Too Many Franchisors Overlook
Courtesy of Ed Teixeira

As I consider subject matter for my franchise blogs it’s sometimes challenging to come up with a stimulating topic. Because I direct content mainly to franchisors, it’s important to provide helpful and constructive information. Whether as a franchisee, franchisor executive or providing operational advice to franchisors I’ve always advocated that a franchisor should have a strong franchise relations strategy. Certain franchisors are familiar with the clichés often attributed to fostering a climate of positive franchise relations, including having profitable franchisees, responding promptly to their emails, telephone calls and requests for assistance. Unfortunately, some franchisors don’t give franchise relations the attention it deserves.

In 1992 I was fortunate to contribute to the first IFA Franchise Relations booklet, so I decided to review articles written by franchisor executives. Although the booklet was published 29 years ago, in terms of franchise relationship management very little has changed. The same principles and policies that were advocated then remain the same. No other component of the franchise business model has remained constant.

The relationship between a franchisor and their franchisees touches every aspect of a franchise operation ranging from developing the franchise system to franchisees participating in aggressive price promotions. A positive relationship can enable success while poor franchise relations can thwart it. Unfortunately, some franchisors ignore how important franchise relations is or fail to have a franchise relationship strategy.

Here are four questions that franchisors need answered to appraise the state of their franchise relations.

Are the franchisees profitable?
Whether using Key Performance Indicators (“KPIs”) or franchisee financial statements to measure franchisee financial and operational performance, this is an important responsibility of every franchisor. Rather than obtaining an answer to this question many franchisors focus on identifying the franchisees that aren’t profitable. The problem with this approach is that the franchisor lacks key financial and operational data that pertain to their entire system and individual franchisees.

Are franchisee customers satisfied with the products or services?
Franchisors should have a method for obtaining franchise feedback regarding the level of customer satisfaction. Whether using customer satisfaction surveys, franchisee focus groups or surveying franchisees its important information that should be gathered. This data benefits the franchisor and its franchisees.

What are our franchisee competitors doing?
Franchisors that display an interest in the behavior of their franchisee competitors will receive high marks from their franchisees. Many franchisors rely upon their franchisees for competitive information, however when the franchisor plays an active role in this process it benefits the franchise system and enhances franchise relations.

Is the franchisor doing the best it can?
Whether using a third-party firm to survey franchisees or doing their own survey, a franchisor must have a method for measuring their franchisee satisfaction levels. When the results are tabulated, the franchisor will know which areas if any can negatively impact franchise relations and may require attention.

Despite the countless changes that have occurred in the franchise industry over the years, one constant is the importance of franchise relationship management. Franchisors should be focused on evaluating and managing their relationship with their franchisees.

About the Author: Ed Teixeira
Ed Teixeira is a recognized franchise expert with over 35 years experience in the franchise industry. He has served as a corporate executive for franchise firms in the retail, manufacturing, healthcare and technology industries and was a franchisee of a multi-million dollar home healthcare franchise. Ed is the author of Franchising From the Inside Out and The Franchise Buyers Manual. He has participated in the CEO Magazine Roundtable Meetings with business leaders from around the country and spoke at a number of venues including the International Franchise Expo and the Chinese Franchise Association in Shanghai, China. Over the course of his career, Ed has been involved with over 1,000 franchise locations and launched franchise concepts from existing business models. Ed can be contacted at 631-246-5782 or [email protected].

Franchisor Focus: The Franchise Development Process Must Be an Unbroken Chain

A successful franchise development process can be compared to a chain that consists of links that hold a sprocket or wheel together while they run. If one link in the chain is broken it can stop them from running like the franchise development process being interrupted.

Franchisor Focus: The Franchise Development Process Must Be an Unbroken Chain
By Ed Teixeira

When it comes to growing a franchise network, there are fundamental steps that every franchisor should have in place if they expect to grow their system with qualified franchisees.

Successful lead generation and an effective franchise development team are only part of the requirements needed to achieve system growth, along with components needed to attain positive franchise system growth. These other elements in the franchise development process in combination with lead generation and an effective franchise development team can be compared to links in a chain.

A successful franchise development process can be compared to a chain that consists of links that hold a sprocket or wheel together while they run. If one link in the chain is broken it can stop them from running like the franchise development process being interrupted.


(Click to enlarge diagram)

Franchise development chain diagram
The links in the franchise development chain:

1. Profitable franchisees. If franchisees aren’t profitable, it will be difficult for prospective franchisees to obtain positive validation. Even if the franchisor can have positive franchise growth unless the majority of franchisees are profitable it will only be a matter of time before the franchise prospect realizes the situation.

2. Positive franchisee satisfaction. The franchisor must must be aware of its franchisee satisfaction levels. Using their satisfaction surveys and obtaining personal feedback its essential that franchisors know how satisfied their franchisees are with their franchise. If there is negative feedback regarding franchisor support or other issues, they should be corrected ASAP.

3. Effective franchise development team. Whether the franchisor has in-house franchise development staff, uses brokers or employs a combination of both the development team must be experienced and effective. This requires that the results of the franchise development team are competent and achieve results.

4. Positive system growth. The franchisor should be achieving either positive franchise system growth or at least is not losing franchisees except in the case of a startup franchise. Prospective franchisees can be concerned when a franchisor has negative franchise growth or no growth at all.

5. Productive lead generation. It’s necessary that the franchisor is generating sufficient franchise leads for the franchisor team to work. Depending upon the franchise It can take 100 to 200 franchise leads to complete a franchise transaction. Without enough franchise inquiries or leads it can be difficult to recruit qualified franchise candidates.

6. Adhere to franchise qualification standards. Every franchise prospect should be properly qualified and able to meet the standards of the franchisee profile. Without adhering to the proper standards for qualifying its franchise leads there is a risk of granting a franchise to a poorly qualified individual.

7. Maintain Franchisee Engagement. When a qualified franchise candidate is found it is important that the franchisor representative maintain close contact with the candidate and respond to their concerns and questions. When engagement is not maintained the franchise candidate can lose interest in the franchise opportunity.

The franchise development process is akin to links in a chain if one link is broken the chain stops working. When franchisors follow the proper franchise development process it can lead to successful franchise system growth however, when one step in the process is not followed it can result in a lack of franchise growth.

About the Author:
Ed Teixeira is a recognized franchise expert with over 35 years experience in the franchise industry. He has served as a corporate executive for franchise firms in the retail, manufacturing, healthcare and technology industries and was a franchisee of a multi-million dollar home healthcare franchise. Ed is the author of Franchising From the Inside Out and The Franchise Buyers Manual. He has participated in the CEO Magazine Roundtable Meetings with business leaders from around the country and spoke at a number of venues including the International Franchise Expo and the Chinese Franchise Association in Shanghai, China. Over the course of his career, Ed has been involved with over 1,000 franchise locations and launched franchise concepts from existing business models. Ed can be contacted at 631-246-5782 or [email protected].

FULL SERVICE CASUAL DINING – WE GO TO SCHOOL WITH GENE LEE, CEO OF DARDEN (DRI)

Darden’s most recent reporting period was their fourth quarter, ending at the end of May. Their two largest chains are Olive Garden and Longhorn Steakhouse. Important, but less material, are Cheddar’s Scratch Kitchen, Yard House, The Capital Grille, Season’s 52, Bahama Breeze and Eddie V’s.

FULL SERVICE CASUAL DINING – WE GO TO SCHOOL WITH GENE LEE, CEO OF DARDEN (DRI)

roger lipton
BY Roger Lipton

Gene Lee, and his management team at Darden (DRI), provide about the most candid description of current fundamentals among the publicly held full service casual dining companies. Not only are their reported results about the best in the industry, but they describe, on their quarterly conference call, how and why. Our summary below is of “best practices”, as produced by Darden, and the outlook as presented within their conference call on June 24th.

Darden’s most recent reporting period was their fourth quarter, ending at the end of May. Their two largest chains are Olive Garden and Longhorn Steakhouse. Important, but less material, are Cheddar’s Scratch Kitchen, Yard House, The Capital Grille, Season’s 52, Bahama Breeze and Eddie V’s.

GENE LEE’S SCRIPTED COMMENTARY

Gene Lee, CEO, commented that they have begun to see demand come back strongly. They are relying on Technomic for industry data, which quantifies the casual dining industry at $189B in 2020, down from $222B in 2019. Though the industry has shrunk by 10% in units during the pandemic, Darden believes the industry will at least regain the 2019 level, implying that AUVs could be higher than before. Not mentioned was “price”, but that would obviously contribute to higher nominal sales.

Lee considers that the Darden business model has improved over the last year. “We’ve invested in food quality and portion size….made investments in our team members to ensure our employment proposition…..and we invest in technology, particularly within our to-go capabilities, to meet our guests growing need for …the off premise experience.”

RICARDO CARDENAS’ (COO) SCRIPTED COMMENTARY

Ricardo Cardenas, President and COO, described the operational simplification effort, which has improved execution and strengthened margins. Even as dining rooms have reopened, off-premise sales have remained strong, proving to be “stickier” than expected. During Q4 off-premise was 33% of sales at Olive Garden, 16% at Cheddar’s and 19% at Longhorn. Technology within online ordering has improved to-go capacity management and curbside delivery. During the quarter 64% of Olive Garden’s to-go orders were placed online and 14% of Darden’s total sales were digital transactions. Nearly half of all guest checks were settled digitally, either online or on tabletop tablets or via mobile pay. Cardenas described the effort to recruit and retain operational talent, claiming no systemic issues. Supply chain issues have also been largely avoided.

RAJESH VENNAM’ (CFO) SCRIPTED COMMENTARY

Rajesh Vennam, CFO, described how SSS compared to pre-Covid (2019), improved from negative 4.1% in March to positive 2.4% in May and positive 2.5% in the first three weeks of June. Though to-go sales have seen a gradual decline, this has been more than offset by in-store dining. In the fourth quarter, CGS was 90bp higher (investments in food quality and pricing below inflation), labor was 190bp lower (320 bp of simplification efforts, partially offset by wage pressures). Marketing was 200 bp lower. Restaurant EBITDA margin was at a record EBITDA of 22.6%, 310bp higher than pre-Covid. CGS inflation is expected to be about 2.5% and hourly labor inflation at about 6%.

QUESTION AND ANSWER DISCUSSION

Gene Lee talked further about the “employment proposition”. The store level margin allows for adequate wages, along with promotion of a thousand team members per year into management. When questioned about store level margin expectation, CFO Vennam indicated that store level EBITDA in the short term is expected to be 200-250 bp better than in 2019, with pricing of 1-2%, lower than CPI inflation of about 3%, but full year margin (ending 5/22) has yet to play out. Commodity inflation of 2.5% for the year will be 3.5-4.0% in the first half, expected to tail off to roughly flat by Q4. Chicken and seafood are elevated, also cooking oil and packaging, a little bit in dairy.

Lee feels that the throughput improvements, including menu simplification, allow for more sales capacity from this level. Mother’s Day sales were a record and mid-week capacity is not fully utilized. Consumer behavior is not yet normalized, so the mix between dine-in and off-premise is still uncertain.

When questioned about the sales improvement “flattening” in May and June, CFO Vennam pointed out that promotional levels are not as heavy now as in ’19, obviously helping the operating margins even with sales just modestly higher. Gene Lee commented later that the current advertising is generic, removing all incentives and discounts, with record operating margins, so marketing decisions going forward will obviously be carefully considered. Later in the call, Gene Lee talked about the Fine Dining segment also improving (a little later than Olive Garden and Longhorn) from down 12 in March to down 6 in May.

COO Cardenas described how technology is reducing “friction” in the guest experience, as well as for team members, making ordering and pickup easier. To further improve the process within the restaurant, a revamp of the point of sales system is planned.

Gene Lee talked about the potential to improve direct marketing to new digital customers, especially with the newly acquired ordering preferences. Lee emphasized the effort to improve the craveability of the menu, at the same time simplifying and improving the core items.

Relative to the addition of additional brands, Lee expressed great satisfaction with the improved returns within the existing portfolio. While not ruling anything out, he seemed to feel that there is substantial opportunity to profitably invest internally.

GENE LEE OPENS UP A LITTLE FURTHER

When pushed about why the sales recovery within Darden is not as fast as elsewhere, Gene Lee’s response was telling. “Because we’re not participating giving away food to third-party channels…not discounting heavily….not discounting cash through selling gift cards….we put up 25% fourth quarter restaurant margins….that’s what we’re focused on. A lot has changed…..virtual brands….guys, you got to get off this……this (Darden’s portfolio of brands) is the best business in casual dining, not even by a little bit anymore…..our guests are loving the experience ….they love the changes that we made….but we’re not chasing an index and we’re not chasing where we were in the past. We love our position today.”

Lastly, when questioned about what the new normal will look like, Gene Lee summarized by saying: “I think we’ve still got another six to nine months to understand (if we don’t have any more problems with Covid) what are going to be the normal behaviors….and then you start developing your market plans and you get tactical on how to get these folks into your restaurant or use you as an off-premise occasion.”
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ABOUT THE AUTHOR:
ROGER LIPTON is an investment professional with over 4 decades of experience specializing in chain restaurants and retailers, as well as macro-economic and monetary developments. After earning a BSME from R.P.I. and MBA from Harvard, and working as an auditor with Price, Waterhouse, he began following the restaurant industry as well as the gold mining industry. While he originally followed companies such as Church’s Fried Chicken, Morrison’s Cafeterias and others, over the years he invested in companies such as Panera Bread and shorted companies such as Boston Chicken (as described in Chain Leader Magazine to the left) .

He also invested in gold mining stocks and studied the work of Harry Browne, the world famous author and economist, who predicted the 2000% move in the price of gold in the 1970s. In this regard, Roger has republished the world famous first book of Harry Browne, and offers it free with each subscription to this website.

In the late 1970s, Roger left Wall Street to build and operate a chain of 15 Arthur Treacher’s Fish & Chips stores in Canada. In 1980 he returned to New York, and for the next 13 years worked at Ladenburg, Thalmann & Co., Inc. where he managed the Lipton Research Division, specializing (naturally) in the restaurant industry. While at Ladenburg he sponsored an annual Restaurant Conference for investment professionals, featuring as keynote speakers friends such as Norman Brinker (the “Babe Ruth” of casual dining) , Dave Thomas (Wendy’s) , Jim Collins (Sizzler & KFC), Jim Patterson (Long John Silver’s), Allan Karp (KarpReilly) and Ted Levitt (legendary Harvard Business School marketing professor, and author). Roger formed his own firm, Lipton Financial Services, Inc. in 1993, to invest in restaurant and retail companies, as well as provide investment banking services. Within the restaurant industry he currently serves on the Board(s) of Directors of both publicly held, as well as a private equity backed casual dining chains. He also serves on the Board of a charitable foundation affiliated with Israel’s Technion Institute.

The Bottom Line: Roger Lipton is uniquely equipped as an investor, investment banker, board member and advisor, especially related to the restaurant, franchising, and retail industries. He has advised institutional investors, underwritten public offerings, counseled on merger transactions, served on Board(s) of Directors, public and private, been retained as an expert witness, conducted valuation studies and personally managed a successful investment partnership, all specializing in restaurants/retail. He has studied great success stories over the last 40 years, from McDonalds to Shake Shack. Even more important he has watched scores of companies stumble and sometimes fail. It is this insight that Roger brings to this website. His post, dated 9/30/15, called “VISIT THE GRAVEYARD…..” lists a long list (though only a sample) of companies that have come and gone over the length of Roger’s investment career. This platform is his way of maintaining a dialogue with other professionals in the field, improving his own investment results, and remaining well informed on industry issues.
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FRANCHISE YOUR RESTAURANT – CLICK HERE: http://WWW.FRANCHISEGROWTHSOLUTIONS.COM

Franchise, Restaurant, Profit

Strategy – The Most Successful Franchises Know Their Competitors

Knowing which franchises, are a threat to your franchise growth and development requires diligence and having the proper information. No franchise program is so unique it is impervious to competition.

The Most Successful Franchises Know Their Competitors

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.

A sign of a successful franchise system is knowing your competitor’s franchise offering. When speaking with top performing franchisor executives regarding their success, a common response was how well they knew their competitors. This knowledge was the result of hard work on the part of the franchisor and its franchisees. It means that each competitor is carefully analyzed which identifies their strengths and weaknesses from a competitive standpoint. It requires knowing how the key components of your competitor’s FDD compares to your FDD.

Knowing which franchises, are a threat to your franchise growth and development requires diligence and having the proper information. No franchise program is so unique it is impervious to competition.

The most effective and productive way to know how your franchise compares to competitors is to use data from Franchise Grade. There are two types of competitors that franchisors should know: direct competitors; who represent franchises in their own business segment and indirect competitors; which represent franchises in a related segment. For example, among children’s franchises, children’s fitness and enrichment programs could represent direct and indirect competitors of each other.

The first step towards knowing your competitors is to identify franchises that most closely compare to yours. You can do an analysis of their FDD’s which is time-consuming or use our website to search our index of thousands of franchise systems, all indexed and analyzed to make your research easier.


This product allows you to understand:

* How you compare to top franchise competitors in the key performance areas

* Which areas of your franchise you need to improve on.

* The parts of your franchise program that you will want to emphasize and promote to candidates.

* What areas sets you apart from your competitors such as fees, territory, franchise term, etc.

* If you use a third party like Franchise Grade, for a detailed analysis you will have the advantage of objectivity. This is important to prospective franchisees.

Franchisors compete with other franchisors for the same investment dollars. It is vital that a franchisor is aware of their competitors and how their franchise compares to them. This process is needed to construct a successful franchise marketing strategy. Any franchise expansion strategy should follow the lead of the most successful franchises. Be sure to know your competitors and find the data to help you promote your investment value to stand apart from them.

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About the Author
Ed Teixeira is currently the VP of Franchise Development for Franchise Grade.com. I’ve had the opportunity to spend over 35 years in the franchise industry as a franchise executive and franchisee. I have an MA in Economics from Northeastern U. My franchise experience has included the retail, manufacturing, home health care, medical staffing and GPS fleet tracking industries. I’ve done international licensing in Asia, Europe, and South America and was a contributor to Forbes Magazine. I’ve been qualified by the International Center for Dispute Resolution as an international franchise expert. I am 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. I wrote and published The Franchise Buyers Manual a comprehensive book for people considering investing in a franchise. In 2004 I wrote Franchising From the Inside Out an overview of the franchise industry. I have established numerous franchise concepts for independent business owners and with my affiliates do international franchising. I’ve 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.

Franchise Disclosure Document vs. Franchise Agreement

The franchise agreement, on the other hand, is the actual contract between the franchisor and franchisee. The terms of the franchise agreement are binding between the parties, subject to certain changes by some states and allowable variances through operations manual revisions.

Our article contributor today is Jonathan Barber, Partner at Franchise.Law. Jonathan review the differences between the Franchise Disclosure Document(FDD) nand the actual contract you’ll be asked to sign upon entering into an agreement with a Franchisor. Purchasing a franchise can be a complicated transaction and understand these documents is critical. Jonathan shaes some great insight here but to truly understand the issue please feel free to contact him at the link below in the article.

Franchise Disclosure Document vs. Franchise Agreement
By Jonathan Barber

When most people buy a franchise, they look at the Franchise Disclosure Document (FDD) and believe that everything within that document is their contract with the franchisor. However, this is not the case. It is important to understand the difference between the franchise disclosure document versus the franchise agreement when looking to enter a franchise.

What Makes the FDD Distinct from the Franchise Agreement?
What some do not realize is that the FDD is merely an overview of the franchise relationship and includes the experience of the franchisor and its officers; the litigation and bankruptcy history of the franchisor and its officers; the costs the franchisee candidate can expect to incur in building out and operating the franchise; a history of the franchise itself; and the support that the franchisee can expect to receive. The FDD is not a contract itself, although a franchisor can be held legally liable for its contents if an issue of misrepresentation arises. The FDD contents are dictated by federal and state regulations which have several limitations on what franchisors can and cannot include such as financial representations and disclaimers.

When reading the FDD, a franchisee candidate will find several exhibits which include financial statements for the franchisor, a sample copy of the franchise agreement, other standard contracts that the franchisee may be required to sign, if any, state amendments to the franchise agreement and FDD, and receipts to acknowledge that the franchisee candidate received the FDD.

The franchise agreement, on the other hand, is the actual contract between the franchisor and franchisee. The terms of the franchise agreement are binding between the parties, subject to certain changes by some states and allowable variances through operations manual revisions. Although many portions of the FDD are reflected in the franchise agreement, such as ongoing fees, default and termination provisions, and territory size, the franchise agreement goes further into detail to address the rights, roles and obligations of both the franchisee and franchisor in legal terms.

Additionally, when reviewing the franchise prior to purchasing, a candidate should understand that any changes made will be made exclusively to the franchise agreement, not the FDD. In most cases these changes, if any, are made through an amendment to the franchise agreement and must be signed along with the franchise agreement. If any changes are not made in writing and signed by both franchisee and franchisor, then either side risks these changes not being enforceable.

Because of the differences between the FDD and franchise agreement, we highly recommend having a franchise attorney review both documents thoroughly before purchasing the franchise or launching the franchise brand. If you need assistance, please reach out to our team today.
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About the Author:JONATHAN N. BARBER MANAGING ATTORNEY
Jonathan Barber is a passionate and experienced corporate transactions and litigations attorney. He has ample experience with large finance corporations, but his true passion lies in working with entrepreneurs and small businesses. This led him to the Liberty University School of Law where he studied transactional law.

After graduating with his JD, Jonathan became an adjunct professor of business law at a local community college, then began working as an associate attorney under Jason Power. Like Jason, Jonathan’s drive comes from his “healthy disregard for the impossible.” Ready to take on any challenge, Jonathan will do everything possible to find a solution. His diligence and commitment to law has led him to being named a 2019 1851 Magazine Franchise Legal Player, 2019 and 2020 Franchise Times Legal Eagle, and 2016, 2017, and 2018 North Carolina Pro Bono Honor Society.

Franchise Marketing – Do’s & Don’ts

FRANCHISE MARKETING – DO’S & DON’TS…Today’s featured post is courtesy of Harold Kestenbaum. Harold is one of the Top Franchise Attorneys in the country. He works exclusively with franchisors and has been involved in some of the most important franchises ever launched such as Sbarro, Ranch *1 and Five Guys. In this “double article” Harold shares his insights on franchise marketing and recruiting new franchisees.

The Dos and Don’ts of Franchise Marketing Materials
By Harold Kestenbaum

As an entrepreneur, it can often be worth your while to consider franchising your business. When you have a great product or service, franchising is an excellent way to create a new revenue stream, while increasing brand awareness. As with any new venture, the key to successfully franchising your business is laying the groundwork for a thriving enterprise. This begins with your franchise marketing materials.

Your franchise marketing materials are the key to attracting like-minded individuals to work with your business and grow your brand. It is important to remember though, that you must be careful with what you do and don’t say in these documents, as you want to remain legally compliant and truthful in your endeavor.

DO explain your brand, mission, and infrastructure. In your franchise marketing materials, it is vital to explain who you are as a company, how you operate, and why someone should want to work with you.

DON’T promise your franchisees any specific profits or financial gain. Since every market is different, it is important to refrain from making promises about a franchisee’s total profit or financial gain from buying into your business.

DO set the right restrictions. Your marketing materials should establish policies you have on hiring, training, proprietary processes, etc. but it should also allow the franchisees some freedom to make the business their own.

DON’T neglect to screen franchisees. Just as you would interview potential new hires for your location, you will want to screen franchisees once they have inquired about this opportunity. You want to build a network of people dedicated to your brand and mission.
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Franchise Marketing Materials 101: Establishing Your Recruitment Website
By Harold Kestenbaum

When you have made the decision to franchise your business, you will want to put a lot of time and money into your franchise marketing materials, especially at first. In order to grow your brand and find potential franchisees, these marketing materials must be appealing, straightforward, but also compliant with the law. As you begin working on your marketing materials and franchise recruitment website, it is important to work with a seasoned franchise attorney and remember these key tips.

Register your franchise: Before advertising your franchise to a particular state, it is important to know that many states require a franchise to be registered prior to the sale of any franchise location, but also any offer of franchise. This means you must take care of all necessary registration before launching your website in a given state or sending out marketing materials.

Understand the laws of advertising: Not only do you have to account for the franchise laws that apply to your business, but you also have to consider the other laws which affect advertising. These can include intellectual property laws, unfair competition laws, and deceptive trade practice laws. Your franchise attorney can review all marketing materials to ensure that you are not infringing on any other company’s rights and that you are in full legal compliance.

Provide clear, accurate information: To successfully gain leads from your website and marketing materials, it is critical for franchisors to provide clear, accurate information which provides potential buyers with enough evidence to make a purchase decision. This information should outline the requirements for buying into the franchise, as well as the type of support franchisees will receive once they are a part of the program. You will want to avoid words and phrases such as success and profit, so as not to mislead buyers about their expectations of buying into your franchise. You want to give franchisees truthful information, without making any specific claims about financial earnings, especially since every market is different.

Stay consistent: In all your marketing materials, you want to stay consistent in the way you represent your brand. You will want to avoid making promises that you cannot fulfill once a buyer signs a contract and purchases a franchise under your name. By staying consistent in all your content, you can avoid potential legal roadblocks down the road.
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About the Author
HAROLD L. KESTENBAUM is a franchise attorney who has specialized in franchise law and other matters relating to franchising since 1977. From May 1982 until September 1986, Harold served as franchise and general counsel to Sbarro, Inc., the national franchisor of more than 1,000 family-style Italian restaurants and, was a director from March 1985 to December 2006. From September 1983 to October 1989, he served as president and chairman of the board of FranchiseIt Corporation, the first publicly traded company specializing in providing business franchise marketing and consulting services and equity financing to emerging franchise companies, which he co-founded. Harold has authored the first book dedicated to the entrepreneur who wants to franchise his/her business, called So You Want To Franchise Your Business. It is a step-by-step guide to what a businessperson needs to know and do to properly roll out a franchise program. Harold’s book is available at major book stores and on Amazon.com or you can click here for more info on his book So You Want to Franchise Your Business.