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business flight


Two Capitals Media Holding
presents a unique project —
the Catalogue of Investment
Opportunities business flight
     business flight #1 Franchising: License to Fame has been prepared under
     the auspices of the Russian Franchise Association. EMTG Company
     has become a strategic partner.
       We are grateful to the Franchise Associations of the Ukraine and
     Kazakhstan for participation in the project.
       We hope that the catalogue will be useful not only for the entrepre-
     neurs which are pondering the issues on franchise buying but also for
     the owners of successful companies who are going to sell their product
     and service franchises. We also would like the information about the
     national franchising state of affairs be interesting to the legislative
     officials and region administration in Russia.

       We are confident that franchising is one of the best mechanisms of
     competitive recovery of the Russian business in terms of open mac-
     roeconomics. And franchising development in Russia must become a
     new trend and the locomotive of the Russian economics.




     Project Partner — ROID Translation Agency — www.roid.ru
     Project Team:
     Project Coordinator: Polina Teplyakova
     Managers: Elena Anisimova, Elena Golyshevskaya, Inna Ovcharova, Inga Sokolova
     Editor-in-chief: Mariya Litvinova
     Proofreader: Nadezhda Teterina
     Designer: Artem Teruhov
     Our address: 28/2, Tsvetnoy Bulvar, 127051, Moscow, Russia (office 201, 2nd floor),
     2, Rastannaya Street, 192007, Saint-Petersburg, Russia (office 607, 6th floor)
     business flight #1 Franchising: License to fame online — www.rusfranch.ru

     The next issue business flight #2 Investments in the United Arab Emirates is to be brought out
     in December, 2010. We would be glad to consider all variants of cooperation in the framework
     of the project:

     +7 (495) 6080212             +7 (812)6075007                  +7 (499) 418-00-13
     + 7-(925)0343560             +7 911 912-33-55                 +7 903 688-91-84
     2stolicy@gmail.com           tata_spb@bk.ru                   anisimova2capitals@mail.ru
     Polina Teplyakova            Tatyana Kichkailo                Elena Anisimova
     (in Moscow)                  (in St. Petersburg)              (in English)
                                                                                                      3
#1 september 2010 >> franchising




4
business flight




Contents:

     #1
                    4 Franchising: engine of progress
               6 From Moscow to the farthest reaches
                              Franchising and Regional Economics

                       11 Franchising: a retrospective
                           13 Law&Order
                                  right to the franchise
                                     18 Endurance test
                                          Franchising Buyer Test



       24 Franchise Catalog
                                    20 Where to start?
                                     How to Become a Franchisor?

                                          34 I need that!
                                    38 Where to start?
       43 Business Conversation
                             50 Franchising websites
                          53 Franchising associations
                           55 Franchising exhibitions

            56 Franchise dictionary
                                       69 Matter of life
                                     Social investments in Russia
                                                                5
#1 september 2010 >> franchising




Franchising: engine of progress
                              T
                                       he global financial crisis caused        rich not only in natural resources, and our
                                       appreciable damage to the Rus-           compatriots have already demonstrated
                                       sian economy, and its regeneration       their entrepreneurial grasp to the world.
                                       now requires special measures.           With our own distribution networks all
                              First of all, it is essential to preserve that    over the world, we can promote innova-
                              class of successful enterprise which was          tive Russian products and technologies,
                              formed before the crisis, and second, to          especially if we are granted sufficient state
                              attract new businessmen to its ranks. It          support such as given in, say, China. Un-
                              is important for entrepreneurial activi-          fortunately, we cannot yet claim that we
                              ties to be perceived by society as prestig-       have a normal legislative foundation for
                              ious and respectable, and to instill such         franchising, and integrated government
                              attitudes from, so tonsay, a tender age.          programmes have yet to be developed. As
                              And franchising, as one of today’s most           hard as the state may try, it won’t succeed
Merab Elashvili               widespread and economically effective             without the help of the business com-
President and Chairman        forms of business relationships, could            munity, without a powerful, legitimate
of the Board of Direc-        become a sort of trampoline into busi-            organization to reflect the opinions of
tors of RFA (Russian          ness for millions of young Russians. We           all participants in the franchising mar-
Franchise Association),       all understand that the time has come             ket and promote the idea of franchising.
specially for BF              to resurrect the entrepreneurial spirit           This is precisely the sort of structure we
                              that was so strong in the Russian Empire          are creating right now. The RFA (Russian
                              and which was unfortunately lost under            Franchising Association) exists since
                              socialism. Franchising is an ideal means          1997, but is now facing bold questions of
                              to achieve this goal, and is also an engine       modernization. In essence, we are build-
                              of progress: among other things, it can           ing a new organization, which will meet
                              stimulate the non-oil-and-gas sector of           the expectations of both business and the
                               our economy, and particularly in the             state as closely as possible. The association
                                regions can become a platform for im-           is now headed by successful businessmen,
                                  plementing innovations. Franchising           whose leadership qualities are evident
                                     is a multiplication mechanism, that        from the high ratings of their companies.
                                         is, it increases businesses, and       We have plenty of sources from which to
                                           what’s more, we don’t just get       draw inspiration – some members of RFA
                                            weak, small enterprises, many       have been in franchising for more than
                                            of which are statistically likely   15 years. Our goals are to make the RFA
                                            to go belly up in their first       a recognized name in business circles in
                                            year. We get technologically-       Russia and the rest of the world, to get
                                               equipped and highly profes-      franchising into the media and under
                                                 sional teams which, after a    discussion in various social groups, to lay
                                                 few years of working under     the groundwork for changes to the legisla-
                                                 someone else’s brand,          tion, and to begin forming government
                                                will then go out and start      programmes for developing franchising in
                                             promoting their own brands.        Russia. And, of course most importantly
                                              Take for example Planet Hos-      – to make the association useful for its
                                              pitality: having started out      members, both current and potential. The
                                              as a franchise, with just one     RFA will represent the interests of Russian
                                            Sbarro restaurant, the com-         franchising at all levels of state authority,
                                          pany today has about 160 hold-        and will promote and defend its members’
                                       ings and three of its own brands.        interests. We are counting on the fact that
                                   There are currently about 500 compa-         association members will participate in its
                               nies in Russia using franchise schemes,          work: for indeed every civic organisation is
                              and we are able to create our own brands          a living organism, in which each cell car-
                              quite quickly, and promote them around            ries out its own important function. And
                              the world. At the end of the day, Russia is       together they represent a serious force
6
business flight




      Strategic partner of the business flight project is

      The Russian Franchising
      Association

      T
              he Russian Franchising Associa-     association serves as a centre to popu-
RFA           tion was founded in 1997 by lead-   larize franchising, the main source of
              ers of the Russian franchising      information for the media, and a centre
              community, as a noncommercial       to mold public opinion.
      organisation for the support and protec-      The RFA represents the interests of
      tion of interests of its members, and       Russian franchising at all levels of au-
      with the goal of creating more beneficial   thority, and in relation to civic organi-
      legal and economic conditions for the       sations, commercial companies, and
      development of franchising in Russia.       private individuals.
        In its 13 years, the organisation has       The association acts as a bridge, unit-
      welcomed into its ranks the most fa-        ing interested parties and consolidating
      mous franchising companies, achieved        their potential, and serves as an on-go-
      international recognition, and prepared     ing forum in which to exchange infor-
      proposed changes to the existing legis-     mation and ideas and conduct research.
      lations.                                      One of the association’s main goals is
        To realize its developed strategy in      to develop the institution of franchising
      2010, the RFA fully modernised its          in Russia, as well as to improve the le-
      organisation. The list of fundamental       gal and business environment in which
      changes included reforming the Board        entrepreneurs work.
      of Directors, presenting the largest          The RFA publishes informational
      franchising companies in Russia, con-       materials, conducts seminars, organ-
      firming the plan to realize the strat-      izes exhibitions and conferences, and
      egy, and a significant expansion of the     forms delegations of businessmen to at-
      membership base.                            tend franchising exhibitions and other
        For the practical realization of the      events taking place outside of Russia.
      named goals and tasks, as well as the         The RFA is a member of the World
      operational management of the organi-       Franchising Council (WFC) and has
      sation, a professional directorship was     working contacts with most Russian
      formed, basics of corporate manage-         and foreign civic organizations of entre-
      ment were implemented, association          preneurs.
      committees were created, and new              The head of the Russian Franchising
      financing principles were implemented.      Association is the president and board
        Today the RFA is a national franchis-     chairman Merab Elashvili. Operational
      ing association, a coordinated centre of    management is the responsibility of
      information for both existing and po-       the managing director Yury Mikhaili-
      tential franchisers and franchisees. The    chenko




      Address: 22 Marksistskaya st., building 1, office 208A, Moscow, 109147
      Telephone/fax: +7 (495) 670-76-23
      www.rusfranch.ru
                                                                                              7
#1 september 2010 >> franchising

                                                             Catherine Soyak
                                                             General Director of EMTG
                                                             Company, Member of the
                                                             Board of Directors of the Rus-
                                                             sian Franchise Association,
                                                             Cofounder of the GOLDEN
                                                             BRAND National Award and
                                                             the BUYBRAND CLUB




                                       From Moscow
                                       to the farthest reaches
                                       The development of franchising in the
                                       regions of the Russian Federation as one
                                       of the means of innovative reform and
                                       integrated support for small business.


                                            F
                                                    ranchising is a business          for small business affairs in the US
                                                    development strategy that         pays special attention to this format of
                                                    is widely used around the         enterprise, and provides government
                                                    world, in which one com-          support for franchising.
                                            pany gives another limited-time             Analysing the experience of build-
                                            use of a trademark and accompa-           ing ideal (both risk-free and socially-
                                            nying set of services, technolo-          oriented) economic structures in
                                           gies, and business organisation            developed countries, where the share
                                       standards. As we know, one of the              of small business in GDP reaches up
                                       most important characteristics                 to 80%, we can conclude that fran-
                                       of franchising is the significantly            chising is one of the most important
                                       reduced entrepreneurial risk. Accord-          mechanisms for developing small
                                       ing to statistics, 85% of all new busi-        businesses.
                                       nesses will shut down in their first             Even a person completely unpre-
                                       five years, but out of firms built on a        pared in business, who wants to run
                                       foundation of franchising this figure          his own business, can with a high
                                       is just 14%.                                   degree of certainty open his own
                                         According to research carried out by         business using franchising. The very
                                       the University of Louisville in 1991-          essence of this form business is a
                                       1993, the adoption of franchising in           powerful system of training for small
                                       the economy helped in due course to            businessmen.
                                       avoid economic crisis in the US. So it’s         In many developed countries, fran-
                                       not surprising that the management             chising gets special attention and
8
business flight
support from legislative and executive
authorities. Indeed, opening a fran-
chise is synonymous with job creation
and the further legalization of busi-
ness activity, which increases tax rev-
enues. Any franchiser, based on his
own contractual interests, thoroughly
controls his franchisees on the subject
of financial transparency of the opera-
tion and reliable accounting. This is
especially important in our country,
in connection with a significant num-
                                          According to research carried out by the
ber of non-transparent companies,         University of Louisville in 1991-1993, the
‘uncivilised’ standards of conducting
business, and connected factors of        adoption of franchising in the economy
insignificant investment activity by
foreign players.
                                          helped in due course to avoid economic
                                          crisis in the US.
Why do the regions
need this?
  The adoption and development of
franchising in the regions could en-
able assistance for investment de-        create a system of standards that          economic sector), and also on a wider
velopment, implementation of new          meet modern market conditions, and         level (the gradual leveling of the eco-
business technologies, standards of       organise control mechanisms for the        nomic development divide between
business organisation, and the im-        services provided. The demands put         the regions and the centre, a quality
provement of the business culture in      to the franchisee expand the entre-        transformation in the region’s devel-
these regions.                            preneur’s personal opportunities,          opment as a whole, and especially in
  The regional expansion of practical-    changing their view of the quality         infrastructure services, goods, and
ly every large franchiser and a subse-    of professional knowledge, enabling        work).
quent rise in competition has called      implementation of their abilities and        In addition to the above benefits,
for development and implementation        professional skills, which enables the     the presence of large franchisers in
of innovative business standards from     distribution of innovation both inside     a given region will significantly in-
local businessmen, needing to adapt       a specific franchising network, and        crease its investment attractiveness,
to a new level in the quality of their    outside of it.                             including for foreign investors, and
work.                                       As the business of most large fran-      those quite significantly aimed at
  With the appearance in the re-          chisers is constantly developing to        the presence of famous brands in the
gions of the top brands, the majority     take into account the ever-increasing      regions.
of small regional enterprises have        customer demands for service qual-
encountered the need to adopt in-         ity, the very presence of the franchiser
novative methods of work, with the        in the regions changes clients’ con-       Why do franchisers
goal of long-term development of          sumer demands, which forces the            need this?
their own business projects. The use      use of new working methods even by
of franchising reduces risk, increases    those market participants who have           The attractiveness of a region for
the efficiency of advertising and the     never planned to work in franchis-         a franchiser is determined not only
implementation of technical improve-      ing. This way, the appearance on a         by the market and financial indica-
ments, and increases sales volumes        given regional market of a franchising     tors, but also by the macroeconomic
and profit, which all together enables    scheme will quite significantly alter      situation in the region as a whole, as
the development of the economy as         the structure of that market. For the      well as a number of other factors that
a whole. In addition, franchising         region, the presence of large franchis-    directly influence the development of
networks play a role as channels for      ers is extremely profitable both on        franchising in the regions, such as:
transferring innovations, in which        purely economic grounds (the creation        1) Objective factors (the number of
the franchiser company develops the       of a significant number of jobs, the       large cities in the region, the pres-
innovation and the franchisee is the      attraction of wider sections of soci-      ence of formed market outlets for
consumer and implementer. For stable      ety to modern economic processes,          goods and demand for services, the
development the franchiser must           the development of the region’s third      economic and geographic conditions)

                                                                                                                           9
#1 september 2010 >> franchising




The presence of large franchisers in a
given region will significantly increase
its investment attractiveness, including
for foreign investors, and those quite
significantly aimed at the presence of
famous brands in the regions.



  2) Interest from the regional ad-      training centres, retraining centres,    Cooperation between local large en-
ministration in the development of       and improving the qualifications of      terprises with the goal of expanding
franchising, in particular:              employees of local enterprises, creat-   their presence in other regions using
  — legal initiatives, both those in     ing personnel services and creating      franchising.
cooperation with federal authorities     specialised databases                      — Searching for foreign franchisers
and independent ones (for example,         — improving the relationship of        with the aim of attracting addition
local tax discounts for franchisers or   federal and regional schemes for sup-    investment to the region and choos-
franchisees)                             porting small business which will        ing potential franchisees for them.
  — offering discounted credit op-       undoubtedly increase the competi-        Organising subfranchising and help-
portunities to franchisees from local    tiveness of regional franchisees in      ing to launch pilot franchises in the
banks, regional discounts from large     relation to businesses leading their     region. Helping to organise technical
state and commercial banks, con-         regional expansion by opening corpo-     questions, for example, logistics and
ditional investment appeal of the        rate affiliates                          banking services for regional fran-
region or targeted programmes for          — the presence in the region of rep-   chisees.
development                              resentation from the Russian Fran-         — Organising forums, conferences,
  — cooperation between regional         chising Association, local franchis-     and seminars highlighting the devel-
administration and franchisers on        ing association, and/or franchisee       opment of franchising
information provision (analysis of the   association.                               — The presence of discounted rental
marketing and economic situation in                                               terms for manufacturing or retail
the region by the authorities, search
and selection of regional partners,
                                         What is to be done?                      space for franchisees, as well as op-
                                                                                  portunities for long-term renting,
consultations between franchisers        Some measures taken by regional          leasing, or privatisation.
and local franchisees, cooperation in    administrations to develop franchis-       Franchising is one of the most
maintaining technology                   ing could include:                       up-to-date development trends in
  — assistance in successfully adapt-      — Making contact with those large      the Russian business activities and
ing franchising schemes to the           franchises that are not represented in   economics. The representatives of the
conditions of the specific region in     the region, with the goal of attract-    most successful Russian franchisors
question                                 ing them to the region and/or jointly    are discussing the problems of na-
  — cooperation in human resources       developing standard documents on         tional franchising, the prospects and
for local franchisees: organising        organising franchising in the region.    business adaption practices
10
business flight


Ukraine Franchise
Association
The Ukraine Franchise Association has been engaged in franchising
development since 2001. Our main task is to represent the interests
of franchising market players assisting them in the promotion and
establishment of partnership.

Franchising events:                 Development of market infrastructure:
— specialized exhibitions,          — hot line for prospective franchisees
conferences, seminars               — market research and analysis
— delegations to foreign            — market research and interview with market players
exhibitions and meetings with       — establishing a legal framework of franchising
foreign franchisors and investors




Seminar Centre                                              Team Vision^
holds the seminars dedicated to                             — works out franchises
franchising, business, and self-                            — advises franchisors and
development issues                                          franchisees



Rich Up:                                                    Publishing Centre MORS:
— promotes franchises in the                                — Chain Development
market                                                      Magazine
— chooses franchises for                                    — Catalogue of Franchises
prospective franchisees                                     — Specialist literature
— manages franchising chains                                — Franchising reference aid for
— carries out the audit of —                                franchisees — hot off the press
separate store units, shopping                              — «Buy a Successful Business»
centres and distribution networks                           with the 7th Catalogue of
— chooses brands for gaining                                Franchises
a conceptual framework of
shopping centre



All that the franchizer needs!
+380 (44) 233 0361           info@franchising.org.ua
+380 (44) 592 8615           www.franchising.org.ua
+380 (67) 291 9771
                                                                                          11
#1 september 2010 >> franchising




Franchising: a retrospective
from the Middle Ages to the present days
How it all began                          history — documents that would
                                          eventually serve as the basis for mod-
                                                                                   and left their franchisees with noth-
                                                                                   ing. And there were cases of fraud,
It’s generally held that the founder      ern franchising contracts. At the        too: sticky-fingered companies sim-
of franchising was American Isaac         turn of the century, franchising was     ply collected money from trusting
Singer, who invented the famous           developing, settling into new forms      souls, and then vanished into thin
sewing machine. At least, it is his       and new markets. Monopoly fran-          air. In order to prevent these sorts of
name that is mentioned most fre-          chises appeared in the areas of tram     problems and abuses, the Interna-
quently when the topic Iis touched.       building and energy commodities.         tional Franchising Association (IFA)
But in fact the very concept came         Oil refineries and the companies of      was created, with the main goal of
about long before Singer was even         the incipient automotive industry        regulating franchise relationships.
born. Actually, the idea of fran-         realized that this way they could sell   In the US, the IFA works in close
chising comes to us from Medieval
France: at that time, the word meant
the holding of certain privileges and
rights that the local feudal lord could
grant to his vassals. Such privileges
included for example the right to         The idea of franchising comes to us from Medieval
hold trading fairs or auctions, and
the right to build markets. Later this    France: at that time, the work meant the holding
practice was adopted by kings: they       of certain privileges and rights that the local feudal
granted the chosen few the rights
to brew beer or build roads. And of       lord could grant to his vassals
course the territorial expansion of
churches could easily be seen as just
another form of franchising.

The evolution of
franchising                               their products to a wider audience,      partnership with Congress and the
                                          and launched their own franchising       Federal Trade Commission (FTC). In
In the 1740s, several German ale pro-     schemes. A short time later, all of      1978 a document called The Uniform
ducers granted taverns the right to       America was riding around in cars        Offering Circular (UFOC) was devel-
sell their products. This step was the    and, as a logical next step, fast-food   oped. In 2008 the UFOC was amend-
first towards the type of franchising     networks sprang up. To whit, the         ed, modernised, and renamed the
with which we became familiar in          famous brands we all know — KFC          FDD – Franchise Disclosure Docu-
the twentieth century. The idea then      (Kentucky Fried Chicken) in 1930,        ment. The franchiser is obliged to
crossed the ocean, settled in the US      Dunkin Donuts in 1950, Burger King       enter detailed information about his
and kicked off the development of         in 1954, and McDonald’s in 1955.         business on a special form, and give
chain shops which were to become                                                   it to the potential franchisee a mini-
the foundation of North American                                                   mum of 14 days before the conclusion
franchising.                              Recent history                           of any agreement. In this way, the
  But let us return to Isaac Singer                                                future franchisee has the chance to
and his sewing machine. In the            The rapid expansion of franchising
                                                                                   make an informed, thoughtful deci-
mid-19th century, Singer begins to        in the 1960s and 70s brought, in
                                                                                   sion. In other words, we can see that
distribute his product using fran-        addition to progress, a number of
                                                                                   in the US, the franchising business
chising, signing written agree-           problems. Some franchisers, miscal-
                                                                                   is regulated by legislation. The way
ments with distributors. He creates       culating their own strength in assets    things stand with us – well, that’s a
the first franchising agreements in       and in management, went bankrupt         completely different story
12
business flight




beboss.ru
Catalogue of Franchises #1
in Russia




                                           13
#1 september 2010 >> franchising




                           Law                                    Alexey Abdulgazin (A. A.): Because




                     &
                                                                  the franchising agreement creates
                                                                  mutual rights and obligations for
                                                                  the parties, it is considered a civil-
                                                                  legal deal and, consequently, must
                                                                  comply with the standards of the
                                                                  corresponding field of legislation.
                                                                  In Russia this is, of course, the Civil
                                                                  Code. Just imagine: an entrepre-
                                                                  neur and future franchisee (user
                                                                  of franchising), attracted by the
                                                                  prospectus offered by a large fran-
                                                                  chiser (rights holder), picks up the




                    Order
                                                                  Civil Code of the Russian Federa-
                                                                  tion and begins flipping through it,
                                                                  in order to personally get to grips
                                                                  with the legal environment and
                                                                  the details of the proposed deal.
                                                                  And he can’t find a single men-
                                                                  tion of the word ‘franchising’. The
                                                                  problem is that Russian legislation
                                                                  really does not recognise the term.
                                                                  Instead, Russian civil law is aimed
                                                                  at an understanding of ‘commercial

                the right to franchise
                                                                  concession’.
                                                                    In accordance with article 54 of
                                                                  the Civil Code (CC) of Russia (which,
                                                                  with a few changes, has existed
                                                                  since 1996), under an agreement of
                                                                  commercial concession, the rights
                                                                  holder offers the other party (user)
                                                                  the right to use in entrepreneurial
                                                                  activities a set of exclusive rights




F
                                                                  belonging to the rights holder, in
       ranchising has recently been developing actively in        exchange for a specified payment.
       Russia, and there are quite a few wishing to use this      This set of rights may include a
       convenient scheme. However, the growth in the num-         trademark or service mark, as well
       ber of franchising deals is consistently below global      as the right to other objects of exclu-
                                                                  sive right as laid out in the agree-
levels. A key reason for this situation are problems with legal   ment, in particular to commercial
regulation, as Alexei Abdulgazin of Expotrade legal consult-      knowledge and production secrets
ing firm and Pavel Arievich, senior attorney at DLA Piper Rus     (know how).
will tell us.                                                       It is clear that the aim of sign-
                                                                  ing such an agreement for the user
                                                                  of the franchise is the systematic
                                                                  deriving of profit by utilising speci-
                                                                  fied property (in this case the word

14
business flight
‘property’ denotes a quite specific
item of intellectual property). In
contrast to a normal licensing agree-
ment, the parties in a franchis-
ing agreement can be commercial
organisations or individual persons
registered as independent entre-
preneurs, as for non-commercial
organisations the opportunities to
engage in entrepreneurial activi-
ties are significantly limited, and in
some cases forbidden.
   The object of the agreement also
determines the specific details:
the results of intellectual activi-
ties named in four articles of the
CC. From this it follows that those
rights which are transferred under         Russian legislation does not recognise
a franchising agreement must fall
into the category of rights named          the term ‘franchising’: it is aimed at an
and protected in accordance with the
law. So, for example, in order to in-
                                           understanding of ‘commercial concession’
clude a trademark or service mark in
the set of rights granted to the user,
the rights holder must first carry
out legal registration of those marks
                                           or even as specific as the actual sales    should pay particular attention to
with the state registration service of
                                           points), the user has the opportunity      the fine details regarding the obli-
the Russian Federation (on the basis
                                           to participate in analogous agree-         gations of each side, as well as the
of national or international proce-
                                           ments (taking into account limits          listing of procedural (assignment
dures). In other words, in relation to
                                           and requirements of anti-monopoly          of notification, pre-trial resolution
each element included in the set of
                                           legislation), the form of using the        of arguments and complaints, and
rights, it is necessary to take into ac-
                                           rights can be specified as far as          so on) and technical (for example,
count the demands of legislation and
                                           specifying the location of the user’s      requirements for the commercial
regulation of the same, for example
                                           commercial installations and their         space, exterior advertising, form
patent law.
                                           form, the length of time for which         and content of the sit, and so on)
   P. A.: From the points made above,
                                           the rights are afforded can be speci-      elements. The main thing is to not
it is obvious that franchising re-
                                           fied, and so on.                           forget that for effective execution
quires a significant level of formali-
                                             In addition to limiting of the par-      of each obligation, the agreement
sation, and in order to afford rights
                                           ties’ rights, as well as the obligations   must specify the responsibilities to
under franchising it is not enough
                                           of the rights holder and the user, di-     be born by the party who is guilty
to simply transfer the rights to a raft
                                           rectly envisaged in articles 1031-1033     of nonfulfillment of the obligation.
of unidentified, abstract objects,
                                           of the CC, on the basis of the general     Otherwise all detailed rules in the
for example ‘all distinctive slogans
                                           provisions of civil legislation, in par-   agreement will be ‘dead’. And then
and trademarks of the rights holder
                                           ticular agreement with the principle       you get a situation like this: “You
(without specification)’, ‘the exterior
                                           of freedom of contract, the parties of     haven’t upheld this point of the
appearance of the product’, ‘recipes
                                           the agreement of commercial conces-        agreement!” “So what? Why don’t
and technologies’, and so on.
                                           sion have the right to codify in the       you take me to court!” And court is a
                                           agreement any rights and obliga-           notorious waste of time and money
We don’t look for the                      tions, as long as they do not contra-      when vaguely worded agreements
                                                                                      are the issue.
easy way out                               dict mandatory rules of the law.
                                             A detailed and thoroughly con-             Usually a franchise is offered for
A. A.: In addition, discretionary rules    structed agreement allows many             a given term, which is not limited
give the parties a sufficient toolkit to   problems connected with imperfect          or set by Russian law. However the
create a flexible system of relations.     legislation, that is open to inter-        term can be unspecified. When
The territory for use of the afforded      pretation, to be avoided. Because of       signing an agreement it is also
rights can be limited (all of Russia,      this, each party to a future agree-        worth paying attention to this – the
specific regions, separate localities,     ment of commercial concession              procedure of terminating the agree-

                                                                                                                          15
#1 september 2010 >> franchising
ment depends on it. If the term is        that the object of the agreement is a    to use broad, foreign experience in
not fixed, each party has the right       registered trademark (service mark),     implementing franchising.
to unilaterally terminate the agree-      the signed agreement is subject to
ment by giving the other party at         mandatory state registration with
least six months’ notice. But if it       the Federal Service for Intellectual     America
is a fixed-term contract, unilateral      Property, Patents, and Trademarks        A. A.: Let’s look to the example of the
termination is not possible, unless       (Rospatent), and – particularly          USA, where franchising in its mod-
it is specifically enshrined in the       important – is considered concluded      ern form has existed since the 1950s,
agreement.                                only after this registration. This       and similar deals – the precursors
   P.A.: A very important mandatory       must be brought to attention when        of franchising – were signed even
rule of the law is the prerogative        signing the agreement, as there are      earlier.
right of a bona fide user to extend a     frequent cases in which the parties,       The most interesting thing to look
fixed-term franchising agreement.         or, worse, one party, begin to use the   at is the Franchise Rule, which came
Specifically, the user, as long as the    signed agreement, not realising that     into force in October, 1979, with
party has fulfilled all of its obliga-    it has no legal force even though it     changes made by the Federal Trade
tions under the agreement, has            has been signed.                         Commission in January 2007. The key
the right at the end of a fixed-term         By the way, the requirements for      document in the American franchis-
contract of commercial concession         mandatory state registration of          ing system is the Franchise Disclo-
to sign an agreement for a new term       these agreements raise a hue and         sure Document (FDD), also known
on the same terms. The rights holder      cry from the participants in fran-       as the Uniform Franchise Offering
has the right to refuse to sign an        chising deals. For indeed, instead       Circular (UFOC).
agreement of commercial conces-           of being able to start work on the         It is a rather voluminous (some-
sion for a new term if, for a period of   basis of a freshly-signed deal, the      times 200 pages long) document
three years from the date of expiry of    parties must first determine which       that contains the most complete
the current contract he does not sign     side will take on the responsibility     information about the franchise on
analogous contracts of commercial         of registration, and who will pay        which the franchiser is offering an
concession with any other parties         for it, and then prepare the neces-      agreement. The form and rules on
and does not agree to sign analogous      sary set of documents, including         completion are established by the
contracts of commercial subconces-        stamp duty, before applying to the       Federal Trade Commission, and the
sion that cover the same area as the      authorised body and… waiting until       information presented by the fran-
expiring agreement.                       the registration is complete. Due to     chiser is confirmed and checked by
   In the event that within the three-    current administrative regulations,      registering the completed document.
year period the rights holder wants       the term for checking the docu-          The basic section of information is
to offer someone those rights which       ments is two months. Plus ten days       published and for the entire period of
had been afforded to the user under       for a formal check of the received       the franchise is freely accessible.
the expired agreement, he is obliged      documents. Although, since Rospat-         The form is composed of the follow-
to first offer the original user the      ent’s demands for certain agreement      ing sections:
chance to sign a new agreement, or        elements to be corrected (both sig-        1. Information about the fran-
compensate him for his losses. If a       nificant ones and mere formalities)      chiser, his partners, and affiliated
new agreement is signed the condi-        have recently become more frequent,      parties;
tions must be as favourable for the       which often leads to the need to re-       2. Information about the profes-
user as the conditions of the expired     submit the agreement, the registra-      sional experience of the head of the
agreement.                                tion process can take up to half         franchiser’s organisation and other
   This condition is not characteris-     a year.                                  key employees connected with the
tic for many other civil legal agree-        P. A.: In the future, the registra-   franchise (for example, franchising
ments, in particular the standard         tion requirements may be liberalised     directors);
licensing agreement. Both parties in      as a result of Russia joining the Sin-     3. Information about specific legal
franchising need to remember this.        gapore Agreement, which abolishes        proceedings in which the franchiser
   A. A.: Finally, it is worth remem-     the need to submit the agreement         and parties detailed in sections one
bering the necessity of completing        for registration and replaces it with    and two have participated;
the agreement in the proper form.         a requirement to submit notice with        4. Information about any bank-
Of course, a commercial conces-           fewer formalities. Although it’s still   ruptcy;
sion cannot be made as a verbal           too early to talk about a timeframe        5. Information about the size of the
contract. The parties must register       for such liberalisation.                 initial payment and how it is paid;
their will in writing, indeed prefer-        A. A.: These and many other prob-       6. Other payments and expenses;
ably by signing a single document         lems could be eliminated by perfect-       7. Valuation of the volume of initial
and not, say, by exchanging emails        ing the legislation. Especially since    franchise investment;
or faxes. In addition, due to the fact    we have a wonderful opportunity            8. Information about the require-
16
business flight
                                                                                    unites the national franchising as-
                                                                                    sociations of the EU countries. There
                                                                                    are currently 19 member countries in
                                                                                    the EFF, including France, Germany,
                                                                                    the United Kingdom, Belgium, Italy,
                                                                                    Poland, and others.
                                                                                      The EFF’s activities are governed by
                                                                                    the Franchising Code of Ethics. This
                                                                                    document contains detailed descrip-
                                                                                    tions of the very idea of ‘franchis-
                                                                                    ing’, as ‘a system of distributing
                                                                                    goods, services, or technology, that
                                                                                    is based on the on-going partnership
                                                                                    of two independent subjects – the
                                                                                    franchiser and the franchisee – in
                                                                                    which the first grants rights and
                                                                                    responsibilities to the second to run
The basic rules of franchising are already                                          a business conceived by the franchis-
well-developed and proven in world-wide                                             er’. In addition, the Code determines
                                                                                    the basic principles of implementing
practice, and there’s nothing to stop them                                          franchising activity, the responsi-
                                                                                    bilities of the parties, including the
being brought to life                                                               order for concluding franchising
                                                                                    agreements, which also envisages
                                                                                    the franchisee being made familiar
                                                                                    with all the information relating to
                                                                                    the franchise.
                                                                                      Each EU member state has the
                                                                                    right to implement its own (nation-
ments (limitations) on sources (sup-      (annual financial reports);               al) amendments to the Code, which
pliers) of goods and services;              22. Franchise contracts;                may change some conditions, and
  9. Obligations of the franchisee;         23. Notification of receipt.            which must comply with agreements
  10. Information about the organi-         In other words, from this docu-         about franchising signed the juris-
sation of cash flow in the franchise;     ment a potential franchisee can get       diction of the state.
  11. Obligations of the franchiser;      almost all the information he needs         The Code together with national
  12. Franchise territory;                to make an informed decision. It is       additions is the basic document
  13. Information about registered        the achievement of this main goal         regulating franchising in the given
trademarks;                               — the protection of the interests of      country. For example, the German
  14. Information about patents,          small and medium business and the         Franchising Association has on the
copyright, and the holders;               presentation of maximally accurate        basis of the national Franchising
  15. Information about the fran-         information – that is provided by the     Code of Ethics developed recommen-
chisee’s ability to directly (person-     American system. By the way, this         dations on the disclosure of informa-
ally) participate in and/or control the   goal is served by yet another interest-   tion by franchisers, warning them
running of the business;                  ing standard – a person or entity that    that concealing or distorting infor-
  16. Limits on the franchisee in         has received this document as part        mation offered to franchise buyers
terms of types of goods (services)        of a franchise offer, may not sign        will warrant compensation for losses
that he has the right to distribute in    an agreement sooner that 14 days          incurred.
the franchise;                            from receipt – a period long enough         A similar system functions in the
  17. The renewal, termination, and       to carefully study the document and       other EFF member states.
transfer of the franchise and resolu-     make a decision about which there           The inadequacies in our system of
tion of arguments;                        won’t be any regrets.                     regulation for franchising are obvi-
  18. Information about famous                                                      ous, as are the changes necessary
media celebrities connected with the
franchise;                                Europe                                    to improve things. The basic rules
                                                                                    of franchising are already well-
  19. Information about the expected      A. A.: In the European Union we           developed and proven in worldwide
financial results of the franchise;       would have to say that the main           practice, and there’s nothing to stop
  20. List of units (authorised sales     integrated body is the European           them being brought to life. Sooner
units);                                   Franchising Federation (EFF) – a          or later this will happen – preferably
  21. Franchiser’s annual statement       non-commercial organisation that          sooner rather than later
                                                                                                                         17
#1 september 2010 >> franchising




Endurance
                                                                                    decision-making is important to
                                                                                    you, then franchising is probably not
                                                                                    for you. Most franchisers maintain
                                                                                    tight control over their franchises,
                                                                                    and you might find it difficult to
                                                                                    establish a good relationship.




test
                                                                                    5.  Are you expecting help from the
                                                                                    franchiser in solving all your own
                                                                                    problems?
                                                                                       Although the franchiser will of
                                                                                    course help you, don’t expect to be
                                                                                    micromanaged through all the little
Franchising is not for everyone — it is a great journey which demands               difficulties and working moments.
                                                                                    If you want that sort of relationship,
not only material, but also moral preparation. This brief text will help            choose a franchiser who has a long
you highlight key points when making a decision.                                    and successful history of working
                                                                                    on the market with a thoroughly
                                                                                    worked-out programme.
1. What’s your health like? Do you
have any chronic illnesses? Or any
                                          disappoint you. Make sure that that
                                          isn’t the case, that he or she truly      6. In your opinion, the business could
medical problems that could require       shares your goals and has as much         be much more effective if, say, the
large expenditures to treat?              enthusiasm for the new project as         business plan, logo, or global adver-
                                          you do.
  If you have serious health problems                                               tising slogan were changed. Will you
then franchising, unfortunately, is
not for you.                              3.  How many hours on top of the
                                                                                    insist on these changes, and defend
                                                                                    your opinion?
                                          normal 40-hour week are you willing
2. Can you count on support from          to devote to the new business?
                                                                                      As a franchisee, you must play by
                                                                                    the rules and not try to make your
your spouse? Is he or she aware that        Franchising will demand a lot           own: as they say, when in Rome…
you are undertaking a risky enterprise?   more time from you than the stand-        In all likelihood, the franchiser will
                                          ard Monday-to-Friday, 9-to-5. Let’s       skewer your attempts to ‘personal-
How do your loved ones react to the       say that right now you’re thinking        ise’ the business. If you’re the sort of
fact that the normal way of life will     that you can work 20 hours per week       person who cannot live without ‘ra-
change, that you will have less time      overtime. But are you certain that        tionalising’, then you should think
to spend with them, that you will be      you could last more than a week           long and hard before purchasing a
                                          doing those hours? Or let’s take a dif-   franchise.
staying at work until late, miss family   ferent approach: you are not willing
meal times, and trips away for the
weekend?
                                          to increasing your working hours
                                          by more than two-three, or at most
                                                                                    7. How do you feel about doing
                                          four, hours per week. In which case,      unskilled labour, for example stocking
  At the first stage of establishing
even the most successful business,        what do you need to start this new        shelves or clearing tables?
there will inevitably be difficult        undertaking for? A franchise is your        This might be the first time that
times. When you discuss the idea of       business, you take responsibility         you find yourself responsible for the
buying a franchise with your family,      for everything, including your own        dirty work. If this is unacceptable
be as open as possible and ask them       time management. In other words,          to you, you will need to take up the
to voice their doubts and concerns.       you need to spend as much time at         challenge of finding specialised
  Carefully weigh the pros and cons,      work as is required to develop the        staff right away, and this requires
think about whether or not your           business. But not die like a martyr,      resources.
family will survive this endurance        either.
test, because the beginning of any
new business always requires a cer-       4. Are you prepared to follow the         8. How often have you had to make
tain amount of sacrifice. Even if your                                              serious financial decisions?
                                          franchiser’s instructions regarding the
spouse assures you that you have two                                                  The franchiser will undoubtedly
thumbs up, there is a chance that he      running of the business?                  be interested in your experience in
or she is only saying that so as not to    If a high degree of freedom in           financial matters. Are you sure that
18
business flight
 you have enough of the necessary
 knowledge and skills?
                                          A franchise is your                   changing market conditions?
                                          business, you take
 9. What do you think, do you have        responsibility for every-             12.    How do you feel about stabil-
 what it takes to promote a product or    thing, including your                 ity, a benefits package, guaranteed
 service on the market? What about        own time management.                  wages? For some people, these are
 successful sales experience?             In other words, you need              life essentials, while others are more
                                                                                interested in the game, movement,
   In other words, would you be able
 to successfully enter the market in
                                          to spend as much time                 and changes.
 your chosen business? Are you crea-      at work as is required                   If you find guarantees and stabil-
 tive enough for that? The franchiser
 is not going to be thrilled about the
                                          to develop the business               ity the most important things, then
                                                                                don’t rush into buying a franchise.
 fact that you’ve got little experience                                         It’s hard to turn down a comfortable
 in sales and marketing.                                                        life, when you’ve got your salary

 10. Can you motivate personnel?          11. Do you change employment often?   coming in every month, your medi-
                                                                                cal insurance includes dental, and
                                                                                the company pays for your mobile.
   Let’s say that you’ve had problems       If you answered yes, then are you
 in the past with subordinates, and       sure that franchising is what you     It might take quite a while before
 you think that you were just unfor-      want? Maybe you just feel it’s time   you’d be able to regain your previous
 tunate. Are you sure that it was their   for another change? From the other    levels of comfort. But if that doesn’t
 fault, and not a problem in your         side, if you have spent your entire   frighten you, and you’re absolutely
 relationship? Sometimes the best         working life with one company, then   certain that it’s worth weathering
 business ideas fail at the develop-      would you be able to adapt quickly    some hardships for the sake of future
 ment stage purely because of poor        to new working conditions, to an      success, then off you go, reach for
 management.                              unusual lifestyle, to constantly-     the stars, and good luck!



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#1 september 2010 >> franchising




Where to start?
6 steps to a successful franchise
Based on materials from www.buybrand.ru


Step 1: Сhoose your                        Goals. Do you need a certain level of
                                         income? Is there a specific area you’d
                                                                                   can you afford to lose in the event of
                                                                                   misfortune? Are you buying the fran-
area of business                         like to work in? Are you interested in    chise independently or with part-
                                         retail sales or in the service indus-     ners? If you need to obtain additional
You can choose from all sorts of
                                         tries? Would you like to have several     financing, will you be able to do so?
work, including food service, retail
                                         units, or just one? Do you want to        Can you obtain credit? Do you have
sales, services, and manufactur-
                                         manage the business yourself, or          additional income on which you can
ing. Each has its pros and cons. For
                                         would you prefer to hire a manager?       live until the business starts turning
example, services involve a small
                                         Will the revenue from the franchise       a profit?
capital investment, but can have
                                         be your primary source of income,           The answers to these questions will
problems with selecting staff, retail
                                         or is this just additional income for     help you evaluate your financial op-
sales have a high turnover but prob-
                                         you? Will you be happy to work in         portunities thoroughly.
lems with surplus. Don’t get stuck
                                         this business for the next 20 years?
on one area. Something else could
                                         The answers to these questions will
spark a genius idea and deliver an
                                         help you make the right choice.           Step 3: Analyse This
unexpected result. Look at your-
self, analyse your own abilities and                                               Just like any other investment,
goals.                                   Step 2: Let’s count the                   buying a franchise is always a risk.
                                                                                   Thoroughly investigate all the factors
  Abilities. Do you have technical
experience or specialised education?     money                                     that could influence this risk.
For example, knowledge in auto                                                       Demand. Before buying a fran-
                                         You must understand that the cost
repair, building renovation, or office                                             chise, analyse the demand for the
                                         of the franchise is just one part of
redecoration? Or will you have to                                                  product or service the unit would
                                         the expenses of building a business.
pay for courses? What do you know                                                  offer. Evaluate the demand and how
                                         You must invest resources in equip-
how to do? Perhaps you’re good at ac-                                              much there is: how many people
                                         ment, permissions and documenta-
counting or have specific technical                                                are prepared to buy this product or
                                         tion, preparing the space, and the
skills? Do you have any specialists                                                service regularly and in large enough
                                         first purchases, wage payments,
among your acquaintances, whom                                                     numbers? Analyse the nature of the
                                         and promotion. Expenses for setting
you could attract to your business?                                                demand – is it seasonal, cyclical,
                                         up, training, design project, and
Have you ever had your own busi-                                                   or stable? Businesses with seasonal
                                         various other things are included in
ness? Or have you managed a busi-                                                  demand have problems forecast-
                                         the cost of the franchise. How much
ness?                                                                              ing sales and potentially with cash
                                         are you willing to invest? How much
20
business flight




              21
#1 september 2010 >> franchising

reserves as well, especially during
the off-season. For example, land-
scaping and gardening, and building
and servicing of swimming pools,
are only profitable in the spring and
                                              Questions
summer.
  The final point to analyse is the
longevity of the demand. Temporary
                                            to ask the franchiser
                                            D
businesses lose interest very quickly
                                                     uring your first meeting         — Are there prepared manuals
and must be able to start making a
                                                     with a potential franchis-    for franchisees?
profit in a very short timespan. Will
                                                     er, you should get answers       — Is there a marketing pro-
this product or service be popular
                                                     to the following questions:   gramme at a national level, and
not just today, but in the long-term
                                              —When did the first unit open?       how is it carried out?
future as well? Would your business
                                              —How long has the company               — How often does the franchis-
have room to expand in the future?
                                            been working as a franchise sys-       er visit the franchises? Is there
  Competition. What is the level of
                                            tem?                                   a personal franchising manager
competition in this area of business?
                                              — How many company-owned             assigned to deal with questions
How many units does the franchiser
                                            and franchised units are currently     from specific units?
have in your region? How many
                                            operating?                                — If the franchisee experiences
competing companies are offering
                                              — How many units have closed,        problems in the future, with the
similar products or services? Are they
                                            and why?                               franchiser help solve them?
popular? Are they offering the same
                                              — How many company-owned                — How does the network pur-
goods and services at the same prices
                                            and franchised units does the          chasing centre work?
as your potential franchiser, or are
                                            company plan to open in the next          — Which additional services are
their prices lower?
                                            12 months?                             offered to the franchisee in open-
  Trademark. The basic reason to buy a
                                              — What is the profile of an ideal    ing and operating the unit?
franchise is the right to start trad-
                                            franchise network?                        — Can the franchiser provide
ing under an already well-known
                                              — Has the franchiser been taken      a list of all the franchise units
and trusted trademark. The more
                                            over by anyone? Has it filed for       with contact information for the
popular the brand, the more clients
                                            bankruptcy? Have its managers or       franchisees?
you will be able to attract. Therefore,
                                            directors previously taken part in a      — What sort of training does
before you buy a franchise, you need
                                            bankruptcy or take-over?               the company offer, and what does
to think about how well-know the
                                              — Has the company had com-           it consist of?
franchiser’s company name is, and
                                            plaints lodged against it with the        — How many support person-
whether it has its own, registered
                                            court or local consumer-protection     nel are assigned to your region?
trademark.
                                            department?                            If necessary, can someone from
  The franchiser’s experience. Most fran-
                                              — How much of its own resources      the support staff provide personal
chisers are successful enterprises,
                                            has the company invested in creat-     support in your area?
who have built a profitable busi-
                                            ing the system?                           — Are there qualification
ness themselves. However there is
                                              — Is the business seeing stable      courses available for franchise
not guarantee that this successful
                                            growth?                                personnel?
entrepreneur is capable of properly
                                              — Is the franchiser making its          — Can you count on support
managing a franchise system. Find
                                            primary income from the selling        from head office if problems arise?
out how long the franchiser has been
                                            of new franchises or from on-going     Precisely what kind of help?
managing a franchised business. If
                                            periodic payments from existing           In addition, ask the franchiser
he doesn’t have a lot of experience,
                                            franchises?                            to name for you:
then his promises may not be worth
                                              — What is the company’s organi-         — The suppliers from whom you
a lot.
                                            sational structure and what are        can purchase goods, raw materi-
  Growth rates. An expanding system
                                            the plans for development in the       als, and equipment,
of franchises increases trademark
                                            next 5-7 years?                           — Goods or services that you can
recognition and helps attract more
                                              — Which banks work with the          offer for sale
clients. But growth alone isn’t
                                            network, its accounts, and auditor        — Clients to whom you can offer
enough to guarantee successful
                                            evaluations?                           your goods or services
franchises. A company that grows
                                              — Does the franchiser aid in            — The area within which you
too quickly isn’t able to provide the
                                            choosing a space for the unit? How?    can sell your goods or services.
promised help to its franchisees.
Make sure that your potential fran-
22
business flight




              23
#1 september 2010 >> franchising
chiser has the staff and the financial      which will determine the scale of            chises aren’t giving good feedback
assets it needs to be able to support       your business                                as a result of business problems, and
its franchisees.                               — Space requirements                      potential franchisees look else-
                                               — Demands from you as a future            where. Or the problem may be that
                                            partner                                      the franchiser does not have enough
Step 4: Evaluate the                           — Financial aspects of the busi-          personnel. Or the personnel are not
franchiser                                  ness                                         sufficiently competent. One way or
                                               — Feedback from working fran-             the other, too few new franchises
Your relationship with your poten-          chises                                       could mean that the company isn’t
tial franchiser will probably begin            — Direct contact information for a        thriving.
with a telephone call or a letter. Pay      point person.                                  At your first meeting with the
attention to the customer service.             Familiarise yourself with the             franchiser, you should receive all
How did the secretary respond to            management of the franchising                the necessary information about the
you, and to whom did she trans-             department or the development                franchise, which should answer all
fer the call? How quickly did you           department. Evaluate their style,            your concerns. A situation in which
get a response to your email? If the        professionalism, and competency.             the potential franchisee’s questions
franchiser is interested in potential       If they are rushing, and can’t spend         are left unanswered is absolutely un-
partners, then each of his employees        enough time with you, it’s possible          acceptable: the franchiser is obliged
will be working as part of the team.        that the franchiser does not have            to answer all questions, and to pro-
Even at this stage, you can evaluate        enough staff to cope with future             vide the franchisee with additional
the competency of the managers,             growth. The growth rate of systems           information about which he hasn’t
and their desire to work with you.          is an important indicator of the fran-       managed to ask. It’s very important
  Pay attention to the franchiser’s         chiser’s health. The system should be        to speak with existing franchisees.
commercial offers. Looking over the         growing quickly, indicating that it’s        Ideally, you should get in touch with
offer and understanding it complete-        attracting new people, but not too           as many franchisees from the system
ly is the most important part in the        quickly, in order to avoid problems in       as possible. And pay particular at-
search for a franchise. In the descrip-     managing the growth. Clarify how             tention to the comments from those
tion of the offer you should be able to     many new franchises are popping up           who joined the system recently.
find the following:                         each year and how many employees
  — Concept                                 there are to support new franchises.
  — A history of the brand, and its            If the system has been working            Step 5: Looking for a
potential
  — The advantages of being in the
                                            for a few years, but has only added          space
                                            a handful of franchises, it pays to
network                                                     be cautious. It may            When analysing the location, the
  — Opportunities for the fran-                                      be that the         basic things to look at are demo-
chiser to support the fran-                                               existing       graphic information (age, income,
chise, and the services                                                       fran-      family size, and so on) about the
that are covered in                                                                      local population, transportation

                                         Trust,
the joining pay-                                                                         provision, and the type of competi-
ment                                                                                     tion in the area. For a small retail
  — The for-                                                                              unit in its first year, when there’s no
mat of the                                                                                  money for advertising and product
fran-
chise
unit,
                          but double-check                                                   promotion, selling location can
                                                                                                be a very important factor in
                                                                                                 the fight for survival.
                  You can protect yourself when buying a franchise with the help of                  The attitude of the land-
              a few simple actions. They might require a little bit of extra expense,               lord to the tenant’s needs
             but it’s not worth economizing on your sense of security in the future.                 is also important. Unfor-
              — Get a copy of the certificate of registration of the franchiser’s trade-              tunately, some landlords
                                                                                                       harm tenants’ businesses
           mark (absence of the certificate should set serious alarms bells ringing). You
                                                                                                        more than they help.
          can check the certificate with the search-information system on the Rospatent                 Your rental agreement
         site at www1.fips.ru                                                                           has a direct bearing on
           — Having thoroughly studied the proposed agreement, give the documents to                     your business. Does the
         a lawyer to be checked over, one who specialises in franchising                                 agreement allow for
           — If you have any doubts, contact a company that offers competition investi-                  extension of the ten-
         gation services, to check out the company and its founders.                                    ancy after a specified

24
business flight

period? (If the agreement has a fixed      outdoor lighting to illuminate          Step 6: The final
term, it may be worth it to look for       evening shoppers. Don’t forget
another place). Does the agreement         about the importance of easy            analysis
fix the rent, or could it be changed       parking and proximity to major            You’ve analysed the numbers, spo-
without warning? Does it protect you       roads. Evaluate the foot traffic (the   ken with existing franchisees, met
as a tenant? Does the agreement take       average number of people walk-          with employees from the franchiser’s
into written account the landlord’s        ing by the façade in an hour) and       company, evaluated their competency
promises regarding repairs, con-           what direction it’s headed in, the      and professionalism. Now analyse
struction and renovations, decora-         distance from bus stops and busi-       your own impressions. Have you
tion, alterations, and operations?         ness centres (in minutes’ walk),        gotten enough information? Does
  In addition, evaluate whether            the number of parking spaces, the       everything suit you from a financial
there is enough space for the retail       shop window area (in meters), and       perspective? Is everything in order
area, an office, storage, and utility      the shopping capacity of the region     with the documents? Were the staff
areas. Is there adequate parking?          and zones of competition.               friendly and ready to help? If you are
Will you need any special lighting,           Think about yourself: will it be     sure that you will enjoy working with
heating, or cooling, or other specifi-     easy enough for you to get to work?     these people, then get ready to sign
cations? Is everything in order with          If you have your own space for       the contracts.
the fire safety and security systems,      conducting business, you need to          But bear in mind that franchising
are there any problems with the            analyse it just as carefully. Maybe     is not a simple purchase-and-sale ar-
plumbing or other systems?                 it would be more profitable for you     rangement, but a long-term partner
  Try to figure out how much your          to rent it out and lease a different    relationship. The process of negotia-
advertising expenses will increase if      space in which to run your fran-        tions can take half a year, sometimes
you choose a remote location. Pay at-      chise. And of course, consult with      even longer. And you need to consider
tention to how well the area is served     the franchiser – he probably has        not only the economic aspects of fran-
by public transport, if it is accessible   recommendations for the location        chising, but the psychological peculi-
enough, and if there is sufficient         of a new unit.                          arities of the relationship




                                                                                                                       25
#1 september 2010 >> franchising



ТONUS-CLUB®
TONUS-CLUB® is the first and largest chain of modern well-
ness centers for women, which already includes about 60 clubs
in 36 Russian cities.


T
        he chain’s growth rate dem-
        onstrates the high attrac-
        tiveness of the TONUS-CLUB            Basic information
        franchise for investment: in     Legal name: OOO TONUS-CLUB
2009, 17 clubs opened, despite the
                                         Company brand: TONUS-CLUB
economic instability in the coun-
                                         Full address: 13 Dybenko ulitsa, St. Petersburg, 193230
try, and the chain doubled in size.
Dozens of TONUS-CLUBS are already        Telephone/fax: +7 (812) 610-05-88 (St. Petersburg), +7 (495) 780-50-59 (Moscow)
working in more than 30 Russian          E-mail: otkroy@tonusclub.ru
cities: from Kaliningrad to Yuzhno-      Website: www.tonusclub.ru
Sakhalinsk, and openings are im-         Country of brand origin: Russia
minent in Kazakhstan, Ukraine,           Type of service or product: consumer services, wellness centers for women
and Belorus. The effectiveness of        Year of brand creation: 2002
the business is clearly shown by the     Beginning of franchising: 2005
repeat opening figures: one in four      Number of company-owned units: 2
franchisees is developing his own
                                         Number of franchising/subfranchising units: 59
chain under the TONUS-CLUB brand
                                         Initial payment (investment): 350,000 roubles
and opening more units. In addition
to the right to use the TONUS-CLUB       Essential start-up capital: 2.5–5.1 million roubles
brand and discounts on equipment,        Advertising share: none
the TONUS-CLUB system also offers        Royalties: 170 roubles per square meter
everything needed to manage and          Number of personnel per franchise: 3-5 people
develop the franchise business:          Support offered: The right to use the TONUS-CLUB brand, discounts on equipment, training for
the existing and effective business      management and line personnel, marketing and consultative support. The franchiser has more
concept, marketing and consulta-         than 30 employees who are dedicated to providing qualified support.
tive support and on-going support        Targeted areas: Russia, CIS
from qualified specialists both at the   Requirements for the franchisee: Experience of managing or running own business.
launch phase and going forward. The      Readiness to comply with the chain’s unified standards and technologies. Possession or rental of a
                                         space 100-200 square meters. Electrical capacity at least 8 kW, with telephone line, plumbing, and
TONUS-CLUB system is always being        the potential to fit showers.
improved – the company regularly
                                         Essential criteria when choosing the location for the future business: A convenient
implements new services and tech-        location with regards to foot and transport traffic streams
nologies. TONUS-CLUB franchisees
have access to all the new ideas and
developments, and there is regular
training. Since 2008 the company
has been a member of the Russian
Franchising Association. Based on
2009 results, TONUS-CLUB won the
international health and beauty
prize Grazia, in the category Brand
of the Year




26
business flight


Elki-Palki,
Malenkaya Yaponiya
The tavern chain Elki-Palki is brand №1 in the
national Russian cuisine segment.


T
        he Elki-Palki brand has become the
        symbol of high quality and healthy
        eating. It reflects the best traditions        Basic information
        of the Russian cuisine in combina-        Legal name: ZAO LUNCH
tion with the modern requirements to the
                                                  Company brand: Elki-Palki, Malenkaya Yaponiya
technological process.
                                                  Full address: 27/29, Pavlovskaya Street, Moscow, 115093
  There is a cottonwool surroundings in
the Elki-Palki taverns decorated in the           Telephone/fax: +7 (495) 995-95-94, 221-88-78
colourful Russian style. The population of        E-mail: rustraktir@mail.ru
the chain and the main principles of work         Website: www.elki-palki.ru, www.littlejapan.ru
are based on legendary abundance of the           Country of brand origin: Russia
Russian table, excellent dishes at afford-        Type of service or product: foodservice industry
able prices, quality service and hearty           Year of brand creation: 1996
welcome.                                          Beginning of franchising: 2003
  The most popular choice of the constant         Number of company-owned units: 55
tavern visitors is the famous “Telega”.
                                                  Number of franchising/subfranchising units: 22
There is a plenty of snacks, various pickles,
                                                  Initial payment (investment): 2,500,000 roubles
salads, fresh vegetables and trimmings
here.                                             Essential start-up capital: $ 500, 000
  Taking into account the successful chain        Advertising share: none
development in Moscow which is proven             Royalties: 50,000 roubles
to be viable we are developing according          Number of personnel per franchise: 30 people
to franchise system at regional level too.        Support offered:
More than 20 taverns have been opened in          — Provision with a ready-made business model
the cities of Russia.                             — Consulting on selecting the optimum location for a restaurant, providing assessment
                                                  criteria
  Besides, we are actively developing the         — Development of an individual design project in accordance with the corporate standards
Malenkaya Yaponiya brand, which in 2007           — Skilled consultation and maintenance during the startup time as well as operation of
was recognized, according to the TIME             business
OUT magazine estimates, as the best               — Consulting on personnel selection
chain project                                     — Training of personnel and management development
                                                  — Recipes and methods of specialty cooking
                                                  — Participation in advertising and marketing events
                                                  — Favourable terms of cooperation with suppliers
                                                  — Presence of personal manager and head chef
                                                  Targeted areas: All Russian regions and the CIS-countries, the cities with a population of
                                                  at least 100,000 people
                                                  Requirements for the franchisee:
                                                  — Desire to develop your own business successfully
                                                  — Experience of managing or running business
                                                  — Possession of necessary financial resources
                                                  — Readiness to follow the standards, technologies and corporate culture of our company
                                                  Expected pay-back period: 2-2.5 years
                                                  Essential criteria when choosing the location for the future business: the central
                                                  part of town, convenient road approach, busy transport and foot traffic streams, the 1st
                                                  floor (big display windows are preferred), there must be space for parking and summer
                                                  veranda.




                                                                                                                                               27
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)
Business Flight Franchise Catalogue (english version)

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Business Flight Franchise Catalogue (english version)

  • 1.
  • 2.
  • 3. business flight Two Capitals Media Holding presents a unique project — the Catalogue of Investment Opportunities business flight business flight #1 Franchising: License to Fame has been prepared under the auspices of the Russian Franchise Association. EMTG Company has become a strategic partner. We are grateful to the Franchise Associations of the Ukraine and Kazakhstan for participation in the project. We hope that the catalogue will be useful not only for the entrepre- neurs which are pondering the issues on franchise buying but also for the owners of successful companies who are going to sell their product and service franchises. We also would like the information about the national franchising state of affairs be interesting to the legislative officials and region administration in Russia. We are confident that franchising is one of the best mechanisms of competitive recovery of the Russian business in terms of open mac- roeconomics. And franchising development in Russia must become a new trend and the locomotive of the Russian economics. Project Partner — ROID Translation Agency — www.roid.ru Project Team: Project Coordinator: Polina Teplyakova Managers: Elena Anisimova, Elena Golyshevskaya, Inna Ovcharova, Inga Sokolova Editor-in-chief: Mariya Litvinova Proofreader: Nadezhda Teterina Designer: Artem Teruhov Our address: 28/2, Tsvetnoy Bulvar, 127051, Moscow, Russia (office 201, 2nd floor), 2, Rastannaya Street, 192007, Saint-Petersburg, Russia (office 607, 6th floor) business flight #1 Franchising: License to fame online — www.rusfranch.ru The next issue business flight #2 Investments in the United Arab Emirates is to be brought out in December, 2010. We would be glad to consider all variants of cooperation in the framework of the project: +7 (495) 6080212 +7 (812)6075007 +7 (499) 418-00-13 + 7-(925)0343560 +7 911 912-33-55 +7 903 688-91-84 2stolicy@gmail.com tata_spb@bk.ru anisimova2capitals@mail.ru Polina Teplyakova Tatyana Kichkailo Elena Anisimova (in Moscow) (in St. Petersburg) (in English) 3
  • 4. #1 september 2010 >> franchising 4
  • 5. business flight Contents: #1 4 Franchising: engine of progress 6 From Moscow to the farthest reaches Franchising and Regional Economics 11 Franchising: a retrospective 13 Law&Order right to the franchise 18 Endurance test Franchising Buyer Test 24 Franchise Catalog 20 Where to start? How to Become a Franchisor? 34 I need that! 38 Where to start? 43 Business Conversation 50 Franchising websites 53 Franchising associations 55 Franchising exhibitions 56 Franchise dictionary 69 Matter of life Social investments in Russia 5
  • 6. #1 september 2010 >> franchising Franchising: engine of progress T he global financial crisis caused rich not only in natural resources, and our appreciable damage to the Rus- compatriots have already demonstrated sian economy, and its regeneration their entrepreneurial grasp to the world. now requires special measures. With our own distribution networks all First of all, it is essential to preserve that over the world, we can promote innova- class of successful enterprise which was tive Russian products and technologies, formed before the crisis, and second, to especially if we are granted sufficient state attract new businessmen to its ranks. It support such as given in, say, China. Un- is important for entrepreneurial activi- fortunately, we cannot yet claim that we ties to be perceived by society as prestig- have a normal legislative foundation for ious and respectable, and to instill such franchising, and integrated government attitudes from, so tonsay, a tender age. programmes have yet to be developed. As And franchising, as one of today’s most hard as the state may try, it won’t succeed Merab Elashvili widespread and economically effective without the help of the business com- President and Chairman forms of business relationships, could munity, without a powerful, legitimate of the Board of Direc- become a sort of trampoline into busi- organization to reflect the opinions of tors of RFA (Russian ness for millions of young Russians. We all participants in the franchising mar- Franchise Association), all understand that the time has come ket and promote the idea of franchising. specially for BF to resurrect the entrepreneurial spirit This is precisely the sort of structure we that was so strong in the Russian Empire are creating right now. The RFA (Russian and which was unfortunately lost under Franchising Association) exists since socialism. Franchising is an ideal means 1997, but is now facing bold questions of to achieve this goal, and is also an engine modernization. In essence, we are build- of progress: among other things, it can ing a new organization, which will meet stimulate the non-oil-and-gas sector of the expectations of both business and the our economy, and particularly in the state as closely as possible. The association regions can become a platform for im- is now headed by successful businessmen, plementing innovations. Franchising whose leadership qualities are evident is a multiplication mechanism, that from the high ratings of their companies. is, it increases businesses, and We have plenty of sources from which to what’s more, we don’t just get draw inspiration – some members of RFA weak, small enterprises, many have been in franchising for more than of which are statistically likely 15 years. Our goals are to make the RFA to go belly up in their first a recognized name in business circles in year. We get technologically- Russia and the rest of the world, to get equipped and highly profes- franchising into the media and under sional teams which, after a discussion in various social groups, to lay few years of working under the groundwork for changes to the legisla- someone else’s brand, tion, and to begin forming government will then go out and start programmes for developing franchising in promoting their own brands. Russia. And, of course most importantly Take for example Planet Hos- – to make the association useful for its pitality: having started out members, both current and potential. The as a franchise, with just one RFA will represent the interests of Russian Sbarro restaurant, the com- franchising at all levels of state authority, pany today has about 160 hold- and will promote and defend its members’ ings and three of its own brands. interests. We are counting on the fact that There are currently about 500 compa- association members will participate in its nies in Russia using franchise schemes, work: for indeed every civic organisation is and we are able to create our own brands a living organism, in which each cell car- quite quickly, and promote them around ries out its own important function. And the world. At the end of the day, Russia is together they represent a serious force 6
  • 7. business flight Strategic partner of the business flight project is The Russian Franchising Association T he Russian Franchising Associa- association serves as a centre to popu- RFA tion was founded in 1997 by lead- larize franchising, the main source of ers of the Russian franchising information for the media, and a centre community, as a noncommercial to mold public opinion. organisation for the support and protec- The RFA represents the interests of tion of interests of its members, and Russian franchising at all levels of au- with the goal of creating more beneficial thority, and in relation to civic organi- legal and economic conditions for the sations, commercial companies, and development of franchising in Russia. private individuals. In its 13 years, the organisation has The association acts as a bridge, unit- welcomed into its ranks the most fa- ing interested parties and consolidating mous franchising companies, achieved their potential, and serves as an on-go- international recognition, and prepared ing forum in which to exchange infor- proposed changes to the existing legis- mation and ideas and conduct research. lations. One of the association’s main goals is To realize its developed strategy in to develop the institution of franchising 2010, the RFA fully modernised its in Russia, as well as to improve the le- organisation. The list of fundamental gal and business environment in which changes included reforming the Board entrepreneurs work. of Directors, presenting the largest The RFA publishes informational franchising companies in Russia, con- materials, conducts seminars, organ- firming the plan to realize the strat- izes exhibitions and conferences, and egy, and a significant expansion of the forms delegations of businessmen to at- membership base. tend franchising exhibitions and other For the practical realization of the events taking place outside of Russia. named goals and tasks, as well as the The RFA is a member of the World operational management of the organi- Franchising Council (WFC) and has sation, a professional directorship was working contacts with most Russian formed, basics of corporate manage- and foreign civic organizations of entre- ment were implemented, association preneurs. committees were created, and new The head of the Russian Franchising financing principles were implemented. Association is the president and board Today the RFA is a national franchis- chairman Merab Elashvili. Operational ing association, a coordinated centre of management is the responsibility of information for both existing and po- the managing director Yury Mikhaili- tential franchisers and franchisees. The chenko Address: 22 Marksistskaya st., building 1, office 208A, Moscow, 109147 Telephone/fax: +7 (495) 670-76-23 www.rusfranch.ru 7
  • 8. #1 september 2010 >> franchising Catherine Soyak General Director of EMTG Company, Member of the Board of Directors of the Rus- sian Franchise Association, Cofounder of the GOLDEN BRAND National Award and the BUYBRAND CLUB From Moscow to the farthest reaches The development of franchising in the regions of the Russian Federation as one of the means of innovative reform and integrated support for small business. F ranchising is a business for small business affairs in the US development strategy that pays special attention to this format of is widely used around the enterprise, and provides government world, in which one com- support for franchising. pany gives another limited-time Analysing the experience of build- use of a trademark and accompa- ing ideal (both risk-free and socially- nying set of services, technolo- oriented) economic structures in gies, and business organisation developed countries, where the share standards. As we know, one of the of small business in GDP reaches up most important characteristics to 80%, we can conclude that fran- of franchising is the significantly chising is one of the most important reduced entrepreneurial risk. Accord- mechanisms for developing small ing to statistics, 85% of all new busi- businesses. nesses will shut down in their first Even a person completely unpre- five years, but out of firms built on a pared in business, who wants to run foundation of franchising this figure his own business, can with a high is just 14%. degree of certainty open his own According to research carried out by business using franchising. The very the University of Louisville in 1991- essence of this form business is a 1993, the adoption of franchising in powerful system of training for small the economy helped in due course to businessmen. avoid economic crisis in the US. So it’s In many developed countries, fran- not surprising that the management chising gets special attention and 8
  • 9. business flight support from legislative and executive authorities. Indeed, opening a fran- chise is synonymous with job creation and the further legalization of busi- ness activity, which increases tax rev- enues. Any franchiser, based on his own contractual interests, thoroughly controls his franchisees on the subject of financial transparency of the opera- tion and reliable accounting. This is especially important in our country, in connection with a significant num- According to research carried out by the ber of non-transparent companies, University of Louisville in 1991-1993, the ‘uncivilised’ standards of conducting business, and connected factors of adoption of franchising in the economy insignificant investment activity by foreign players. helped in due course to avoid economic crisis in the US. Why do the regions need this? The adoption and development of franchising in the regions could en- able assistance for investment de- create a system of standards that economic sector), and also on a wider velopment, implementation of new meet modern market conditions, and level (the gradual leveling of the eco- business technologies, standards of organise control mechanisms for the nomic development divide between business organisation, and the im- services provided. The demands put the regions and the centre, a quality provement of the business culture in to the franchisee expand the entre- transformation in the region’s devel- these regions. preneur’s personal opportunities, opment as a whole, and especially in The regional expansion of practical- changing their view of the quality infrastructure services, goods, and ly every large franchiser and a subse- of professional knowledge, enabling work). quent rise in competition has called implementation of their abilities and In addition to the above benefits, for development and implementation professional skills, which enables the the presence of large franchisers in of innovative business standards from distribution of innovation both inside a given region will significantly in- local businessmen, needing to adapt a specific franchising network, and crease its investment attractiveness, to a new level in the quality of their outside of it. including for foreign investors, and work. As the business of most large fran- those quite significantly aimed at With the appearance in the re- chisers is constantly developing to the presence of famous brands in the gions of the top brands, the majority take into account the ever-increasing regions. of small regional enterprises have customer demands for service qual- encountered the need to adopt in- ity, the very presence of the franchiser novative methods of work, with the in the regions changes clients’ con- Why do franchisers goal of long-term development of sumer demands, which forces the need this? their own business projects. The use use of new working methods even by of franchising reduces risk, increases those market participants who have The attractiveness of a region for the efficiency of advertising and the never planned to work in franchis- a franchiser is determined not only implementation of technical improve- ing. This way, the appearance on a by the market and financial indica- ments, and increases sales volumes given regional market of a franchising tors, but also by the macroeconomic and profit, which all together enables scheme will quite significantly alter situation in the region as a whole, as the development of the economy as the structure of that market. For the well as a number of other factors that a whole. In addition, franchising region, the presence of large franchis- directly influence the development of networks play a role as channels for ers is extremely profitable both on franchising in the regions, such as: transferring innovations, in which purely economic grounds (the creation 1) Objective factors (the number of the franchiser company develops the of a significant number of jobs, the large cities in the region, the pres- innovation and the franchisee is the attraction of wider sections of soci- ence of formed market outlets for consumer and implementer. For stable ety to modern economic processes, goods and demand for services, the development the franchiser must the development of the region’s third economic and geographic conditions) 9
  • 10. #1 september 2010 >> franchising The presence of large franchisers in a given region will significantly increase its investment attractiveness, including for foreign investors, and those quite significantly aimed at the presence of famous brands in the regions. 2) Interest from the regional ad- training centres, retraining centres, Cooperation between local large en- ministration in the development of and improving the qualifications of terprises with the goal of expanding franchising, in particular: employees of local enterprises, creat- their presence in other regions using — legal initiatives, both those in ing personnel services and creating franchising. cooperation with federal authorities specialised databases — Searching for foreign franchisers and independent ones (for example, — improving the relationship of with the aim of attracting addition local tax discounts for franchisers or federal and regional schemes for sup- investment to the region and choos- franchisees) porting small business which will ing potential franchisees for them. — offering discounted credit op- undoubtedly increase the competi- Organising subfranchising and help- portunities to franchisees from local tiveness of regional franchisees in ing to launch pilot franchises in the banks, regional discounts from large relation to businesses leading their region. Helping to organise technical state and commercial banks, con- regional expansion by opening corpo- questions, for example, logistics and ditional investment appeal of the rate affiliates banking services for regional fran- region or targeted programmes for — the presence in the region of rep- chisees. development resentation from the Russian Fran- — Organising forums, conferences, — cooperation between regional chising Association, local franchis- and seminars highlighting the devel- administration and franchisers on ing association, and/or franchisee opment of franchising information provision (analysis of the association. — The presence of discounted rental marketing and economic situation in terms for manufacturing or retail the region by the authorities, search and selection of regional partners, What is to be done? space for franchisees, as well as op- portunities for long-term renting, consultations between franchisers Some measures taken by regional leasing, or privatisation. and local franchisees, cooperation in administrations to develop franchis- Franchising is one of the most maintaining technology ing could include: up-to-date development trends in — assistance in successfully adapt- — Making contact with those large the Russian business activities and ing franchising schemes to the franchises that are not represented in economics. The representatives of the conditions of the specific region in the region, with the goal of attract- most successful Russian franchisors question ing them to the region and/or jointly are discussing the problems of na- — cooperation in human resources developing standard documents on tional franchising, the prospects and for local franchisees: organising organising franchising in the region. business adaption practices 10
  • 11. business flight Ukraine Franchise Association The Ukraine Franchise Association has been engaged in franchising development since 2001. Our main task is to represent the interests of franchising market players assisting them in the promotion and establishment of partnership. Franchising events: Development of market infrastructure: — specialized exhibitions, — hot line for prospective franchisees conferences, seminars — market research and analysis — delegations to foreign — market research and interview with market players exhibitions and meetings with — establishing a legal framework of franchising foreign franchisors and investors Seminar Centre Team Vision^ holds the seminars dedicated to — works out franchises franchising, business, and self- — advises franchisors and development issues franchisees Rich Up: Publishing Centre MORS: — promotes franchises in the — Chain Development market Magazine — chooses franchises for — Catalogue of Franchises prospective franchisees — Specialist literature — manages franchising chains — Franchising reference aid for — carries out the audit of — franchisees — hot off the press separate store units, shopping — «Buy a Successful Business» centres and distribution networks with the 7th Catalogue of — chooses brands for gaining Franchises a conceptual framework of shopping centre All that the franchizer needs! +380 (44) 233 0361 info@franchising.org.ua +380 (44) 592 8615 www.franchising.org.ua +380 (67) 291 9771 11
  • 12. #1 september 2010 >> franchising Franchising: a retrospective from the Middle Ages to the present days How it all began history — documents that would eventually serve as the basis for mod- and left their franchisees with noth- ing. And there were cases of fraud, It’s generally held that the founder ern franchising contracts. At the too: sticky-fingered companies sim- of franchising was American Isaac turn of the century, franchising was ply collected money from trusting Singer, who invented the famous developing, settling into new forms souls, and then vanished into thin sewing machine. At least, it is his and new markets. Monopoly fran- air. In order to prevent these sorts of name that is mentioned most fre- chises appeared in the areas of tram problems and abuses, the Interna- quently when the topic Iis touched. building and energy commodities. tional Franchising Association (IFA) But in fact the very concept came Oil refineries and the companies of was created, with the main goal of about long before Singer was even the incipient automotive industry regulating franchise relationships. born. Actually, the idea of fran- realized that this way they could sell In the US, the IFA works in close chising comes to us from Medieval France: at that time, the word meant the holding of certain privileges and rights that the local feudal lord could grant to his vassals. Such privileges included for example the right to The idea of franchising comes to us from Medieval hold trading fairs or auctions, and the right to build markets. Later this France: at that time, the work meant the holding practice was adopted by kings: they of certain privileges and rights that the local feudal granted the chosen few the rights to brew beer or build roads. And of lord could grant to his vassals course the territorial expansion of churches could easily be seen as just another form of franchising. The evolution of franchising their products to a wider audience, partnership with Congress and the and launched their own franchising Federal Trade Commission (FTC). In In the 1740s, several German ale pro- schemes. A short time later, all of 1978 a document called The Uniform ducers granted taverns the right to America was riding around in cars Offering Circular (UFOC) was devel- sell their products. This step was the and, as a logical next step, fast-food oped. In 2008 the UFOC was amend- first towards the type of franchising networks sprang up. To whit, the ed, modernised, and renamed the with which we became familiar in famous brands we all know — KFC FDD – Franchise Disclosure Docu- the twentieth century. The idea then (Kentucky Fried Chicken) in 1930, ment. The franchiser is obliged to crossed the ocean, settled in the US Dunkin Donuts in 1950, Burger King enter detailed information about his and kicked off the development of in 1954, and McDonald’s in 1955. business on a special form, and give chain shops which were to become it to the potential franchisee a mini- the foundation of North American mum of 14 days before the conclusion franchising. Recent history of any agreement. In this way, the But let us return to Isaac Singer future franchisee has the chance to and his sewing machine. In the The rapid expansion of franchising make an informed, thoughtful deci- mid-19th century, Singer begins to in the 1960s and 70s brought, in sion. In other words, we can see that distribute his product using fran- addition to progress, a number of in the US, the franchising business chising, signing written agree- problems. Some franchisers, miscal- is regulated by legislation. The way ments with distributors. He creates culating their own strength in assets things stand with us – well, that’s a the first franchising agreements in and in management, went bankrupt completely different story 12
  • 13. business flight beboss.ru Catalogue of Franchises #1 in Russia 13
  • 14. #1 september 2010 >> franchising Law Alexey Abdulgazin (A. A.): Because & the franchising agreement creates mutual rights and obligations for the parties, it is considered a civil- legal deal and, consequently, must comply with the standards of the corresponding field of legislation. In Russia this is, of course, the Civil Code. Just imagine: an entrepre- neur and future franchisee (user of franchising), attracted by the prospectus offered by a large fran- chiser (rights holder), picks up the Order Civil Code of the Russian Federa- tion and begins flipping through it, in order to personally get to grips with the legal environment and the details of the proposed deal. And he can’t find a single men- tion of the word ‘franchising’. The problem is that Russian legislation really does not recognise the term. Instead, Russian civil law is aimed at an understanding of ‘commercial the right to franchise concession’. In accordance with article 54 of the Civil Code (CC) of Russia (which, with a few changes, has existed since 1996), under an agreement of commercial concession, the rights holder offers the other party (user) the right to use in entrepreneurial activities a set of exclusive rights F belonging to the rights holder, in ranchising has recently been developing actively in exchange for a specified payment. Russia, and there are quite a few wishing to use this This set of rights may include a convenient scheme. However, the growth in the num- trademark or service mark, as well ber of franchising deals is consistently below global as the right to other objects of exclu- sive right as laid out in the agree- levels. A key reason for this situation are problems with legal ment, in particular to commercial regulation, as Alexei Abdulgazin of Expotrade legal consult- knowledge and production secrets ing firm and Pavel Arievich, senior attorney at DLA Piper Rus (know how). will tell us. It is clear that the aim of sign- ing such an agreement for the user of the franchise is the systematic deriving of profit by utilising speci- fied property (in this case the word 14
  • 15. business flight ‘property’ denotes a quite specific item of intellectual property). In contrast to a normal licensing agree- ment, the parties in a franchis- ing agreement can be commercial organisations or individual persons registered as independent entre- preneurs, as for non-commercial organisations the opportunities to engage in entrepreneurial activi- ties are significantly limited, and in some cases forbidden. The object of the agreement also determines the specific details: the results of intellectual activi- ties named in four articles of the CC. From this it follows that those rights which are transferred under Russian legislation does not recognise a franchising agreement must fall into the category of rights named the term ‘franchising’: it is aimed at an and protected in accordance with the law. So, for example, in order to in- understanding of ‘commercial concession’ clude a trademark or service mark in the set of rights granted to the user, the rights holder must first carry out legal registration of those marks or even as specific as the actual sales should pay particular attention to with the state registration service of points), the user has the opportunity the fine details regarding the obli- the Russian Federation (on the basis to participate in analogous agree- gations of each side, as well as the of national or international proce- ments (taking into account limits listing of procedural (assignment dures). In other words, in relation to and requirements of anti-monopoly of notification, pre-trial resolution each element included in the set of legislation), the form of using the of arguments and complaints, and rights, it is necessary to take into ac- rights can be specified as far as so on) and technical (for example, count the demands of legislation and specifying the location of the user’s requirements for the commercial regulation of the same, for example commercial installations and their space, exterior advertising, form patent law. form, the length of time for which and content of the sit, and so on) P. A.: From the points made above, the rights are afforded can be speci- elements. The main thing is to not it is obvious that franchising re- fied, and so on. forget that for effective execution quires a significant level of formali- In addition to limiting of the par- of each obligation, the agreement sation, and in order to afford rights ties’ rights, as well as the obligations must specify the responsibilities to under franchising it is not enough of the rights holder and the user, di- be born by the party who is guilty to simply transfer the rights to a raft rectly envisaged in articles 1031-1033 of nonfulfillment of the obligation. of unidentified, abstract objects, of the CC, on the basis of the general Otherwise all detailed rules in the for example ‘all distinctive slogans provisions of civil legislation, in par- agreement will be ‘dead’. And then and trademarks of the rights holder ticular agreement with the principle you get a situation like this: “You (without specification)’, ‘the exterior of freedom of contract, the parties of haven’t upheld this point of the appearance of the product’, ‘recipes the agreement of commercial conces- agreement!” “So what? Why don’t and technologies’, and so on. sion have the right to codify in the you take me to court!” And court is a agreement any rights and obliga- notorious waste of time and money We don’t look for the tions, as long as they do not contra- when vaguely worded agreements are the issue. easy way out dict mandatory rules of the law. A detailed and thoroughly con- Usually a franchise is offered for A. A.: In addition, discretionary rules structed agreement allows many a given term, which is not limited give the parties a sufficient toolkit to problems connected with imperfect or set by Russian law. However the create a flexible system of relations. legislation, that is open to inter- term can be unspecified. When The territory for use of the afforded pretation, to be avoided. Because of signing an agreement it is also rights can be limited (all of Russia, this, each party to a future agree- worth paying attention to this – the specific regions, separate localities, ment of commercial concession procedure of terminating the agree- 15
  • 16. #1 september 2010 >> franchising ment depends on it. If the term is that the object of the agreement is a to use broad, foreign experience in not fixed, each party has the right registered trademark (service mark), implementing franchising. to unilaterally terminate the agree- the signed agreement is subject to ment by giving the other party at mandatory state registration with least six months’ notice. But if it the Federal Service for Intellectual America is a fixed-term contract, unilateral Property, Patents, and Trademarks A. A.: Let’s look to the example of the termination is not possible, unless (Rospatent), and – particularly USA, where franchising in its mod- it is specifically enshrined in the important – is considered concluded ern form has existed since the 1950s, agreement. only after this registration. This and similar deals – the precursors P.A.: A very important mandatory must be brought to attention when of franchising – were signed even rule of the law is the prerogative signing the agreement, as there are earlier. right of a bona fide user to extend a frequent cases in which the parties, The most interesting thing to look fixed-term franchising agreement. or, worse, one party, begin to use the at is the Franchise Rule, which came Specifically, the user, as long as the signed agreement, not realising that into force in October, 1979, with party has fulfilled all of its obliga- it has no legal force even though it changes made by the Federal Trade tions under the agreement, has has been signed. Commission in January 2007. The key the right at the end of a fixed-term By the way, the requirements for document in the American franchis- contract of commercial concession mandatory state registration of ing system is the Franchise Disclo- to sign an agreement for a new term these agreements raise a hue and sure Document (FDD), also known on the same terms. The rights holder cry from the participants in fran- as the Uniform Franchise Offering has the right to refuse to sign an chising deals. For indeed, instead Circular (UFOC). agreement of commercial conces- of being able to start work on the It is a rather voluminous (some- sion for a new term if, for a period of basis of a freshly-signed deal, the times 200 pages long) document three years from the date of expiry of parties must first determine which that contains the most complete the current contract he does not sign side will take on the responsibility information about the franchise on analogous contracts of commercial of registration, and who will pay which the franchiser is offering an concession with any other parties for it, and then prepare the neces- agreement. The form and rules on and does not agree to sign analogous sary set of documents, including completion are established by the contracts of commercial subconces- stamp duty, before applying to the Federal Trade Commission, and the sion that cover the same area as the authorised body and… waiting until information presented by the fran- expiring agreement. the registration is complete. Due to chiser is confirmed and checked by In the event that within the three- current administrative regulations, registering the completed document. year period the rights holder wants the term for checking the docu- The basic section of information is to offer someone those rights which ments is two months. Plus ten days published and for the entire period of had been afforded to the user under for a formal check of the received the franchise is freely accessible. the expired agreement, he is obliged documents. Although, since Rospat- The form is composed of the follow- to first offer the original user the ent’s demands for certain agreement ing sections: chance to sign a new agreement, or elements to be corrected (both sig- 1. Information about the fran- compensate him for his losses. If a nificant ones and mere formalities) chiser, his partners, and affiliated new agreement is signed the condi- have recently become more frequent, parties; tions must be as favourable for the which often leads to the need to re- 2. Information about the profes- user as the conditions of the expired submit the agreement, the registra- sional experience of the head of the agreement. tion process can take up to half franchiser’s organisation and other This condition is not characteris- a year. key employees connected with the tic for many other civil legal agree- P. A.: In the future, the registra- franchise (for example, franchising ments, in particular the standard tion requirements may be liberalised directors); licensing agreement. Both parties in as a result of Russia joining the Sin- 3. Information about specific legal franchising need to remember this. gapore Agreement, which abolishes proceedings in which the franchiser A. A.: Finally, it is worth remem- the need to submit the agreement and parties detailed in sections one bering the necessity of completing for registration and replaces it with and two have participated; the agreement in the proper form. a requirement to submit notice with 4. Information about any bank- Of course, a commercial conces- fewer formalities. Although it’s still ruptcy; sion cannot be made as a verbal too early to talk about a timeframe 5. Information about the size of the contract. The parties must register for such liberalisation. initial payment and how it is paid; their will in writing, indeed prefer- A. A.: These and many other prob- 6. Other payments and expenses; ably by signing a single document lems could be eliminated by perfect- 7. Valuation of the volume of initial and not, say, by exchanging emails ing the legislation. Especially since franchise investment; or faxes. In addition, due to the fact we have a wonderful opportunity 8. Information about the require- 16
  • 17. business flight unites the national franchising as- sociations of the EU countries. There are currently 19 member countries in the EFF, including France, Germany, the United Kingdom, Belgium, Italy, Poland, and others. The EFF’s activities are governed by the Franchising Code of Ethics. This document contains detailed descrip- tions of the very idea of ‘franchis- ing’, as ‘a system of distributing goods, services, or technology, that is based on the on-going partnership of two independent subjects – the franchiser and the franchisee – in which the first grants rights and responsibilities to the second to run The basic rules of franchising are already a business conceived by the franchis- well-developed and proven in world-wide er’. In addition, the Code determines the basic principles of implementing practice, and there’s nothing to stop them franchising activity, the responsi- bilities of the parties, including the being brought to life order for concluding franchising agreements, which also envisages the franchisee being made familiar with all the information relating to the franchise. Each EU member state has the right to implement its own (nation- ments (limitations) on sources (sup- (annual financial reports); al) amendments to the Code, which pliers) of goods and services; 22. Franchise contracts; may change some conditions, and 9. Obligations of the franchisee; 23. Notification of receipt. which must comply with agreements 10. Information about the organi- In other words, from this docu- about franchising signed the juris- sation of cash flow in the franchise; ment a potential franchisee can get diction of the state. 11. Obligations of the franchiser; almost all the information he needs The Code together with national 12. Franchise territory; to make an informed decision. It is additions is the basic document 13. Information about registered the achievement of this main goal regulating franchising in the given trademarks; — the protection of the interests of country. For example, the German 14. Information about patents, small and medium business and the Franchising Association has on the copyright, and the holders; presentation of maximally accurate basis of the national Franchising 15. Information about the fran- information – that is provided by the Code of Ethics developed recommen- chisee’s ability to directly (person- American system. By the way, this dations on the disclosure of informa- ally) participate in and/or control the goal is served by yet another interest- tion by franchisers, warning them running of the business; ing standard – a person or entity that that concealing or distorting infor- 16. Limits on the franchisee in has received this document as part mation offered to franchise buyers terms of types of goods (services) of a franchise offer, may not sign will warrant compensation for losses that he has the right to distribute in an agreement sooner that 14 days incurred. the franchise; from receipt – a period long enough A similar system functions in the 17. The renewal, termination, and to carefully study the document and other EFF member states. transfer of the franchise and resolu- make a decision about which there The inadequacies in our system of tion of arguments; won’t be any regrets. regulation for franchising are obvi- 18. Information about famous ous, as are the changes necessary media celebrities connected with the franchise; Europe to improve things. The basic rules of franchising are already well- 19. Information about the expected A. A.: In the European Union we developed and proven in worldwide financial results of the franchise; would have to say that the main practice, and there’s nothing to stop 20. List of units (authorised sales integrated body is the European them being brought to life. Sooner units); Franchising Federation (EFF) – a or later this will happen – preferably 21. Franchiser’s annual statement non-commercial organisation that sooner rather than later 17
  • 18. #1 september 2010 >> franchising Endurance decision-making is important to you, then franchising is probably not for you. Most franchisers maintain tight control over their franchises, and you might find it difficult to establish a good relationship. test 5. Are you expecting help from the franchiser in solving all your own problems? Although the franchiser will of course help you, don’t expect to be micromanaged through all the little Franchising is not for everyone — it is a great journey which demands difficulties and working moments. If you want that sort of relationship, not only material, but also moral preparation. This brief text will help choose a franchiser who has a long you highlight key points when making a decision. and successful history of working on the market with a thoroughly worked-out programme. 1. What’s your health like? Do you have any chronic illnesses? Or any disappoint you. Make sure that that isn’t the case, that he or she truly 6. In your opinion, the business could medical problems that could require shares your goals and has as much be much more effective if, say, the large expenditures to treat? enthusiasm for the new project as business plan, logo, or global adver- you do. If you have serious health problems tising slogan were changed. Will you then franchising, unfortunately, is not for you. 3. How many hours on top of the insist on these changes, and defend your opinion? normal 40-hour week are you willing 2. Can you count on support from to devote to the new business? As a franchisee, you must play by the rules and not try to make your your spouse? Is he or she aware that Franchising will demand a lot own: as they say, when in Rome… you are undertaking a risky enterprise? more time from you than the stand- In all likelihood, the franchiser will ard Monday-to-Friday, 9-to-5. Let’s skewer your attempts to ‘personal- How do your loved ones react to the say that right now you’re thinking ise’ the business. If you’re the sort of fact that the normal way of life will that you can work 20 hours per week person who cannot live without ‘ra- change, that you will have less time overtime. But are you certain that tionalising’, then you should think to spend with them, that you will be you could last more than a week long and hard before purchasing a doing those hours? Or let’s take a dif- franchise. staying at work until late, miss family ferent approach: you are not willing meal times, and trips away for the weekend? to increasing your working hours by more than two-three, or at most 7. How do you feel about doing four, hours per week. In which case, unskilled labour, for example stocking At the first stage of establishing even the most successful business, what do you need to start this new shelves or clearing tables? there will inevitably be difficult undertaking for? A franchise is your This might be the first time that times. When you discuss the idea of business, you take responsibility you find yourself responsible for the buying a franchise with your family, for everything, including your own dirty work. If this is unacceptable be as open as possible and ask them time management. In other words, to you, you will need to take up the to voice their doubts and concerns. you need to spend as much time at challenge of finding specialised Carefully weigh the pros and cons, work as is required to develop the staff right away, and this requires think about whether or not your business. But not die like a martyr, resources. family will survive this endurance either. test, because the beginning of any new business always requires a cer- 4. Are you prepared to follow the 8. How often have you had to make tain amount of sacrifice. Even if your serious financial decisions? franchiser’s instructions regarding the spouse assures you that you have two The franchiser will undoubtedly thumbs up, there is a chance that he running of the business? be interested in your experience in or she is only saying that so as not to If a high degree of freedom in financial matters. Are you sure that 18
  • 19. business flight you have enough of the necessary knowledge and skills? A franchise is your changing market conditions? business, you take 9. What do you think, do you have responsibility for every- 12. How do you feel about stabil- what it takes to promote a product or thing, including your ity, a benefits package, guaranteed service on the market? What about own time management. wages? For some people, these are successful sales experience? In other words, you need life essentials, while others are more interested in the game, movement, In other words, would you be able to successfully enter the market in to spend as much time and changes. your chosen business? Are you crea- at work as is required If you find guarantees and stabil- tive enough for that? The franchiser is not going to be thrilled about the to develop the business ity the most important things, then don’t rush into buying a franchise. fact that you’ve got little experience It’s hard to turn down a comfortable in sales and marketing. life, when you’ve got your salary 10. Can you motivate personnel? 11. Do you change employment often? coming in every month, your medi- cal insurance includes dental, and the company pays for your mobile. Let’s say that you’ve had problems If you answered yes, then are you in the past with subordinates, and sure that franchising is what you It might take quite a while before you think that you were just unfor- want? Maybe you just feel it’s time you’d be able to regain your previous tunate. Are you sure that it was their for another change? From the other levels of comfort. But if that doesn’t fault, and not a problem in your side, if you have spent your entire frighten you, and you’re absolutely relationship? Sometimes the best working life with one company, then certain that it’s worth weathering business ideas fail at the develop- would you be able to adapt quickly some hardships for the sake of future ment stage purely because of poor to new working conditions, to an success, then off you go, reach for management. unusual lifestyle, to constantly- the stars, and good luck! Elite bookclub «Monplaisir» The luxury collection editions The best and the rare masterpieces of the world literature and book art Manual cover Exclusive registrations The numbered personal copies 127206, Chuksin tupik,9 Moscow, Russia Tel./fax + 7 (495) 737-04-92 www.terra.su 19
  • 20. #1 september 2010 >> franchising Where to start? 6 steps to a successful franchise Based on materials from www.buybrand.ru Step 1: Сhoose your Goals. Do you need a certain level of income? Is there a specific area you’d can you afford to lose in the event of misfortune? Are you buying the fran- area of business like to work in? Are you interested in chise independently or with part- retail sales or in the service indus- ners? If you need to obtain additional You can choose from all sorts of tries? Would you like to have several financing, will you be able to do so? work, including food service, retail units, or just one? Do you want to Can you obtain credit? Do you have sales, services, and manufactur- manage the business yourself, or additional income on which you can ing. Each has its pros and cons. For would you prefer to hire a manager? live until the business starts turning example, services involve a small Will the revenue from the franchise a profit? capital investment, but can have be your primary source of income, The answers to these questions will problems with selecting staff, retail or is this just additional income for help you evaluate your financial op- sales have a high turnover but prob- you? Will you be happy to work in portunities thoroughly. lems with surplus. Don’t get stuck this business for the next 20 years? on one area. Something else could The answers to these questions will spark a genius idea and deliver an help you make the right choice. Step 3: Analyse This unexpected result. Look at your- self, analyse your own abilities and Just like any other investment, goals. Step 2: Let’s count the buying a franchise is always a risk. Thoroughly investigate all the factors Abilities. Do you have technical experience or specialised education? money that could influence this risk. For example, knowledge in auto Demand. Before buying a fran- You must understand that the cost repair, building renovation, or office chise, analyse the demand for the of the franchise is just one part of redecoration? Or will you have to product or service the unit would the expenses of building a business. pay for courses? What do you know offer. Evaluate the demand and how You must invest resources in equip- how to do? Perhaps you’re good at ac- much there is: how many people ment, permissions and documenta- counting or have specific technical are prepared to buy this product or tion, preparing the space, and the skills? Do you have any specialists service regularly and in large enough first purchases, wage payments, among your acquaintances, whom numbers? Analyse the nature of the and promotion. Expenses for setting you could attract to your business? demand – is it seasonal, cyclical, up, training, design project, and Have you ever had your own busi- or stable? Businesses with seasonal various other things are included in ness? Or have you managed a busi- demand have problems forecast- the cost of the franchise. How much ness? ing sales and potentially with cash are you willing to invest? How much 20
  • 22. #1 september 2010 >> franchising reserves as well, especially during the off-season. For example, land- scaping and gardening, and building and servicing of swimming pools, are only profitable in the spring and Questions summer. The final point to analyse is the longevity of the demand. Temporary to ask the franchiser D businesses lose interest very quickly uring your first meeting — Are there prepared manuals and must be able to start making a with a potential franchis- for franchisees? profit in a very short timespan. Will er, you should get answers — Is there a marketing pro- this product or service be popular to the following questions: gramme at a national level, and not just today, but in the long-term —When did the first unit open? how is it carried out? future as well? Would your business —How long has the company — How often does the franchis- have room to expand in the future? been working as a franchise sys- er visit the franchises? Is there Competition. What is the level of tem? a personal franchising manager competition in this area of business? — How many company-owned assigned to deal with questions How many units does the franchiser and franchised units are currently from specific units? have in your region? How many operating? — If the franchisee experiences competing companies are offering — How many units have closed, problems in the future, with the similar products or services? Are they and why? franchiser help solve them? popular? Are they offering the same — How many company-owned — How does the network pur- goods and services at the same prices and franchised units does the chasing centre work? as your potential franchiser, or are company plan to open in the next — Which additional services are their prices lower? 12 months? offered to the franchisee in open- Trademark. The basic reason to buy a — What is the profile of an ideal ing and operating the unit? franchise is the right to start trad- franchise network? — Can the franchiser provide ing under an already well-known — Has the franchiser been taken a list of all the franchise units and trusted trademark. The more over by anyone? Has it filed for with contact information for the popular the brand, the more clients bankruptcy? Have its managers or franchisees? you will be able to attract. Therefore, directors previously taken part in a — What sort of training does before you buy a franchise, you need bankruptcy or take-over? the company offer, and what does to think about how well-know the — Has the company had com- it consist of? franchiser’s company name is, and plaints lodged against it with the — How many support person- whether it has its own, registered court or local consumer-protection nel are assigned to your region? trademark. department? If necessary, can someone from The franchiser’s experience. Most fran- — How much of its own resources the support staff provide personal chisers are successful enterprises, has the company invested in creat- support in your area? who have built a profitable busi- ing the system? — Are there qualification ness themselves. However there is — Is the business seeing stable courses available for franchise not guarantee that this successful growth? personnel? entrepreneur is capable of properly — Is the franchiser making its — Can you count on support managing a franchise system. Find primary income from the selling from head office if problems arise? out how long the franchiser has been of new franchises or from on-going Precisely what kind of help? managing a franchised business. If periodic payments from existing In addition, ask the franchiser he doesn’t have a lot of experience, franchises? to name for you: then his promises may not be worth — What is the company’s organi- — The suppliers from whom you a lot. sational structure and what are can purchase goods, raw materi- Growth rates. An expanding system the plans for development in the als, and equipment, of franchises increases trademark next 5-7 years? — Goods or services that you can recognition and helps attract more — Which banks work with the offer for sale clients. But growth alone isn’t network, its accounts, and auditor — Clients to whom you can offer enough to guarantee successful evaluations? your goods or services franchises. A company that grows — Does the franchiser aid in — The area within which you too quickly isn’t able to provide the choosing a space for the unit? How? can sell your goods or services. promised help to its franchisees. Make sure that your potential fran- 22
  • 24. #1 september 2010 >> franchising chiser has the staff and the financial which will determine the scale of chises aren’t giving good feedback assets it needs to be able to support your business as a result of business problems, and its franchisees. — Space requirements potential franchisees look else- — Demands from you as a future where. Or the problem may be that partner the franchiser does not have enough Step 4: Evaluate the — Financial aspects of the busi- personnel. Or the personnel are not franchiser ness sufficiently competent. One way or — Feedback from working fran- the other, too few new franchises Your relationship with your poten- chises could mean that the company isn’t tial franchiser will probably begin — Direct contact information for a thriving. with a telephone call or a letter. Pay point person. At your first meeting with the attention to the customer service. Familiarise yourself with the franchiser, you should receive all How did the secretary respond to management of the franchising the necessary information about the you, and to whom did she trans- department or the development franchise, which should answer all fer the call? How quickly did you department. Evaluate their style, your concerns. A situation in which get a response to your email? If the professionalism, and competency. the potential franchisee’s questions franchiser is interested in potential If they are rushing, and can’t spend are left unanswered is absolutely un- partners, then each of his employees enough time with you, it’s possible acceptable: the franchiser is obliged will be working as part of the team. that the franchiser does not have to answer all questions, and to pro- Even at this stage, you can evaluate enough staff to cope with future vide the franchisee with additional the competency of the managers, growth. The growth rate of systems information about which he hasn’t and their desire to work with you. is an important indicator of the fran- managed to ask. It’s very important Pay attention to the franchiser’s chiser’s health. The system should be to speak with existing franchisees. commercial offers. Looking over the growing quickly, indicating that it’s Ideally, you should get in touch with offer and understanding it complete- attracting new people, but not too as many franchisees from the system ly is the most important part in the quickly, in order to avoid problems in as possible. And pay particular at- search for a franchise. In the descrip- managing the growth. Clarify how tention to the comments from those tion of the offer you should be able to many new franchises are popping up who joined the system recently. find the following: each year and how many employees — Concept there are to support new franchises. — A history of the brand, and its If the system has been working Step 5: Looking for a potential — The advantages of being in the for a few years, but has only added space a handful of franchises, it pays to network be cautious. It may When analysing the location, the — Opportunities for the fran- be that the basic things to look at are demo- chiser to support the fran- existing graphic information (age, income, chise, and the services fran- family size, and so on) about the that are covered in local population, transportation Trust, the joining pay- provision, and the type of competi- ment tion in the area. For a small retail — The for- unit in its first year, when there’s no mat of the money for advertising and product fran- chise unit, but double-check promotion, selling location can be a very important factor in the fight for survival. You can protect yourself when buying a franchise with the help of The attitude of the land- a few simple actions. They might require a little bit of extra expense, lord to the tenant’s needs but it’s not worth economizing on your sense of security in the future. is also important. Unfor- — Get a copy of the certificate of registration of the franchiser’s trade- tunately, some landlords harm tenants’ businesses mark (absence of the certificate should set serious alarms bells ringing). You more than they help. can check the certificate with the search-information system on the Rospatent Your rental agreement site at www1.fips.ru has a direct bearing on — Having thoroughly studied the proposed agreement, give the documents to your business. Does the a lawyer to be checked over, one who specialises in franchising agreement allow for — If you have any doubts, contact a company that offers competition investi- extension of the ten- gation services, to check out the company and its founders. ancy after a specified 24
  • 25. business flight period? (If the agreement has a fixed outdoor lighting to illuminate Step 6: The final term, it may be worth it to look for evening shoppers. Don’t forget another place). Does the agreement about the importance of easy analysis fix the rent, or could it be changed parking and proximity to major You’ve analysed the numbers, spo- without warning? Does it protect you roads. Evaluate the foot traffic (the ken with existing franchisees, met as a tenant? Does the agreement take average number of people walk- with employees from the franchiser’s into written account the landlord’s ing by the façade in an hour) and company, evaluated their competency promises regarding repairs, con- what direction it’s headed in, the and professionalism. Now analyse struction and renovations, decora- distance from bus stops and busi- your own impressions. Have you tion, alterations, and operations? ness centres (in minutes’ walk), gotten enough information? Does In addition, evaluate whether the number of parking spaces, the everything suit you from a financial there is enough space for the retail shop window area (in meters), and perspective? Is everything in order area, an office, storage, and utility the shopping capacity of the region with the documents? Were the staff areas. Is there adequate parking? and zones of competition. friendly and ready to help? If you are Will you need any special lighting, Think about yourself: will it be sure that you will enjoy working with heating, or cooling, or other specifi- easy enough for you to get to work? these people, then get ready to sign cations? Is everything in order with If you have your own space for the contracts. the fire safety and security systems, conducting business, you need to But bear in mind that franchising are there any problems with the analyse it just as carefully. Maybe is not a simple purchase-and-sale ar- plumbing or other systems? it would be more profitable for you rangement, but a long-term partner Try to figure out how much your to rent it out and lease a different relationship. The process of negotia- advertising expenses will increase if space in which to run your fran- tions can take half a year, sometimes you choose a remote location. Pay at- chise. And of course, consult with even longer. And you need to consider tention to how well the area is served the franchiser – he probably has not only the economic aspects of fran- by public transport, if it is accessible recommendations for the location chising, but the psychological peculi- enough, and if there is sufficient of a new unit. arities of the relationship 25
  • 26. #1 september 2010 >> franchising ТONUS-CLUB® TONUS-CLUB® is the first and largest chain of modern well- ness centers for women, which already includes about 60 clubs in 36 Russian cities. T he chain’s growth rate dem- onstrates the high attrac- tiveness of the TONUS-CLUB Basic information franchise for investment: in Legal name: OOO TONUS-CLUB 2009, 17 clubs opened, despite the Company brand: TONUS-CLUB economic instability in the coun- Full address: 13 Dybenko ulitsa, St. Petersburg, 193230 try, and the chain doubled in size. Dozens of TONUS-CLUBS are already Telephone/fax: +7 (812) 610-05-88 (St. Petersburg), +7 (495) 780-50-59 (Moscow) working in more than 30 Russian E-mail: otkroy@tonusclub.ru cities: from Kaliningrad to Yuzhno- Website: www.tonusclub.ru Sakhalinsk, and openings are im- Country of brand origin: Russia minent in Kazakhstan, Ukraine, Type of service or product: consumer services, wellness centers for women and Belorus. The effectiveness of Year of brand creation: 2002 the business is clearly shown by the Beginning of franchising: 2005 repeat opening figures: one in four Number of company-owned units: 2 franchisees is developing his own Number of franchising/subfranchising units: 59 chain under the TONUS-CLUB brand Initial payment (investment): 350,000 roubles and opening more units. In addition to the right to use the TONUS-CLUB Essential start-up capital: 2.5–5.1 million roubles brand and discounts on equipment, Advertising share: none the TONUS-CLUB system also offers Royalties: 170 roubles per square meter everything needed to manage and Number of personnel per franchise: 3-5 people develop the franchise business: Support offered: The right to use the TONUS-CLUB brand, discounts on equipment, training for the existing and effective business management and line personnel, marketing and consultative support. The franchiser has more concept, marketing and consulta- than 30 employees who are dedicated to providing qualified support. tive support and on-going support Targeted areas: Russia, CIS from qualified specialists both at the Requirements for the franchisee: Experience of managing or running own business. launch phase and going forward. The Readiness to comply with the chain’s unified standards and technologies. Possession or rental of a space 100-200 square meters. Electrical capacity at least 8 kW, with telephone line, plumbing, and TONUS-CLUB system is always being the potential to fit showers. improved – the company regularly Essential criteria when choosing the location for the future business: A convenient implements new services and tech- location with regards to foot and transport traffic streams nologies. TONUS-CLUB franchisees have access to all the new ideas and developments, and there is regular training. Since 2008 the company has been a member of the Russian Franchising Association. Based on 2009 results, TONUS-CLUB won the international health and beauty prize Grazia, in the category Brand of the Year 26
  • 27. business flight Elki-Palki, Malenkaya Yaponiya The tavern chain Elki-Palki is brand №1 in the national Russian cuisine segment. T he Elki-Palki brand has become the symbol of high quality and healthy eating. It reflects the best traditions Basic information of the Russian cuisine in combina- Legal name: ZAO LUNCH tion with the modern requirements to the Company brand: Elki-Palki, Malenkaya Yaponiya technological process. Full address: 27/29, Pavlovskaya Street, Moscow, 115093 There is a cottonwool surroundings in the Elki-Palki taverns decorated in the Telephone/fax: +7 (495) 995-95-94, 221-88-78 colourful Russian style. The population of E-mail: rustraktir@mail.ru the chain and the main principles of work Website: www.elki-palki.ru, www.littlejapan.ru are based on legendary abundance of the Country of brand origin: Russia Russian table, excellent dishes at afford- Type of service or product: foodservice industry able prices, quality service and hearty Year of brand creation: 1996 welcome. Beginning of franchising: 2003 The most popular choice of the constant Number of company-owned units: 55 tavern visitors is the famous “Telega”. Number of franchising/subfranchising units: 22 There is a plenty of snacks, various pickles, Initial payment (investment): 2,500,000 roubles salads, fresh vegetables and trimmings here. Essential start-up capital: $ 500, 000 Taking into account the successful chain Advertising share: none development in Moscow which is proven Royalties: 50,000 roubles to be viable we are developing according Number of personnel per franchise: 30 people to franchise system at regional level too. Support offered: More than 20 taverns have been opened in — Provision with a ready-made business model the cities of Russia. — Consulting on selecting the optimum location for a restaurant, providing assessment criteria Besides, we are actively developing the — Development of an individual design project in accordance with the corporate standards Malenkaya Yaponiya brand, which in 2007 — Skilled consultation and maintenance during the startup time as well as operation of was recognized, according to the TIME business OUT magazine estimates, as the best — Consulting on personnel selection chain project — Training of personnel and management development — Recipes and methods of specialty cooking — Participation in advertising and marketing events — Favourable terms of cooperation with suppliers — Presence of personal manager and head chef Targeted areas: All Russian regions and the CIS-countries, the cities with a population of at least 100,000 people Requirements for the franchisee: — Desire to develop your own business successfully — Experience of managing or running business — Possession of necessary financial resources — Readiness to follow the standards, technologies and corporate culture of our company Expected pay-back period: 2-2.5 years Essential criteria when choosing the location for the future business: the central part of town, convenient road approach, busy transport and foot traffic streams, the 1st floor (big display windows are preferred), there must be space for parking and summer veranda. 27