Glossary

• » Acknowledgement of Receipt: The last page of an Offering Circular, signed to indicate that documents have been received on a certain date
• » Advertising Fees: Not all franchisors charge advertising fees. Often, an annual fee is paid by the franchisee to the franchisor for corporate advertising expenditures, which is often less then 3% of the franchisee's annual sales and typically paid in addition to the royalty fee. Advertising Fees are also known as “Publicity Fees” or “Marketing Fees.” See also: Assignment / Fees
• » Agreement: The franchise "contract"
• » Area Development Rights: The right to open several franchise locations in a specific area
• » Area Franchise (Development Agreement, Master Franchise): A franchise granted to develop a defined geographical area, which may include a strict performance schedule and franchise sales rights
• » Assignment/Fees: The monthly fees paid to the franchise company to support corporate marketing and advertising; usually calculated as a percentage of gross revenues; See also: Advertising Fee
• » Business Format Franchise: A type of franchise that establishes the franchisee as a business owner, offering distinguishable products and services in the marketplace
• » Capital Required: The amount of cash the franchisee is required to have available at the time of the franchise purchase
• » Company-Owned Outlet: Some franchisors establish company-owned stores or offices that, in appearance, are identical to franchised outlets
• » Conversion Franchise: A franchise that permits existing businesses to join a national franchise system to use its recognized name, trademark and operating system
• » Default: To agree to perform in a certain manner and then not perform
• » Designated Supplier: Approved suppliers of products and services that meet the requirements of a particular franchise company
• » Disclosure Document: Also known as an "Offering Circular," this is the background and contractual information required by the FTC and given to the franchisee by franchise companies
• » Distributorship: A right granted by a manufacturer or wholesaler to sell a product to others; a distributorship is normally not a franchise, however, certain distributorship arrangements may qualify as a franchise, may be licensed or considered a business opportunity that require disclosure
• » Earnings Claims: Representations made by franchise companies that their franchisees have achieved specific levels of sales or profitability
• » Entrepreneur: A person willing to assume the responsibility, risk and rewards of starting and operating a business
• » Exclusive Territory: The "territory" granted by a franchise company that restricts the franchisor from establishing any other location within your area
• » Federal Trade Commission (FTC)* in the United States: The Federal agency in Washington, DC that regulates various trade practices, including the franchise industry
• » Franchise: The rights acquired to offer designated products or services under specific guidelines at a certain location for a stated period of time
• » Franchise Agreement: An official document that sets forth the expectations and requirements of the franchisor; it describes the franchisor's commitment to the franchisee, and includes information about territorial rights of the franchisee, location requirements, training schedules, fees, general obligations of the franchisee, and general obligations of the franchisor
• » Franchisee: The owner of one or more franchises
• » Franchise Fee: The initial fee you pay to a franchisor to acquire a franchise
• » Franchising: Neither an industry nor a business, but a method of doing business within a given industry; at least two parties are involved in franchising: the franchisor and the franchisee
• » Franchisor: The person or company that owns or controls the right to grant franchises for a specific "brand"
• » Franchise Solutions: An innovative, high-quality company that provides a variety of services to individuals seeking franchise ownership
• » FDD* in the United States: Franchise Disclosure Document
• » FTC Rule 436* in the United States: The law passed in 1979 that regulates the franchise industry; it set forth "disclosure" requirements and prohibited franchisors from making false earnings claims
• » Industry: The category of business that a specific franchise belongs to
• » Initial/Ongoing Training: The initial and subsequent training offered to franchisees in the operation of a specific business
• » Initial Investment: Generally, the initial cash required to buy and open a franchise; this can include franchise fees and other start-up costs and expenses, but may not reflect the franchisee’s total investment.
• » Liquid Capital: Also known as “liquid assets,” “quick assets,” and “realizable assets;” assets held in cash or in some other form that can be readily turned into cash
• » Marketing Fee: Not all franchisors charge advertising fees; an annual fee paid by the franchisee to the franchisor for corporate advertising expenditures; marketing fees are often less then 3% of the franchisee's annual sales and are typically paid in addition to the royalty fee. See also: Advertising Fees and Assignment/Fees
• » Master Franchisee: An individual or company that owns the exclusive rights to develop a particular territory for the franchising company
• » Master Region: A large territory acquired by a franchisee with the intent to subdivide and resell individual franchise locations
• » National Alliance of Franchisees (NAF)* in the United States: A national coalition organized in 1977 to represent and protect the interests and rights of franchisees; the national headquarters is in Washington, DC
• » Net Worth: Total assets minus total liabilities
• » Non-Compete Clause: Upon termination, non-renewal, or other sale or transfer, some franchise agreements prohibit you from competing in any way with the franchised company
• » Offer: An oral or written proposal to sell a franchise to a prospective franchisee upon understood general terms and conditions
• » Offering Circular (Disclosure Document or Uniform Franchise Offering Circular)* in the United States: Provides background information in over 20 categories as well as a copy of the proposed franchise agreement
• » Operations Manual: Typically consists of several volumes that contain all of the information necessary regarding the operation of a particular franchise
• » Product Format Franchise: When the franchisee acquires the right to market a product or service that does not constitute a majority of all that are offered, he/she has a "product franchise"
• » Pro Forma: A balance sheet, profit and loss, or cash flow statement that estimates income and expense sources; assets, liabilities and net worth are forecasts as well. Pro forma statements issued by the franchisor to the franchisee should be based on actual operating results of the franchisor's units or franchise establishments.
• » Protected Territory: A designated area or geographic boundary granted to the franchisee by the terms of a franchise agreement; the franchisor promises not to open another franchised or company-owned business of a similar nature within the franchisee's protected territory
• » Public Figure Involvement: If a celebrity or well-known figure endorses a franchised product or service, the nature of the agreement must be disclosed
• » Publicity Fee: Not all franchisors charge advertising fees; an annual fee paid by the franchisee to the franchisor for corporate advertising expenditures; it is often less then 3% of the franchisee's annual sales and typically paid in addition to the royalty fee; See also: Advertising Fees and Assignment/Fees
• » Qualification Questionnaire: A document prepared by the franchisor to be completed by the prospective franchisee, which provides initial information to the franchisor in order to assist in determining whether or not the prospect is capable and motivated enough to own a franchise; often a financial statement is included in questionnaire format
• » Registration: A requirement in several states that specific information be submitted and approved by state regulatory authorities before franchises may be offered in that state; it is quite extensive in the information required and may ask for: a bond, fingerprints and pictures
• » Renewal: The signing of a new franchise agreement upon expiration of the prior one
• » Sector: The categories included within a broader scope of franchise opportunities, otherwise known as industries; the sector permits an easier search process
• » Start-Up Costs: The required amount of money the franchisor will request that a new franchisee have in order to invest in the new franchise unit in its earliest stages of development
• » Total Investment: The amount of money estimated for complete set up of a franchisee's business, including initial investment, working capital and any additions to inventory and equipment deemed necessary for a fully operational and profitable business
• » Turnkey: The franchisor is responsible for fully developing a method and program for a franchisee to follow which allows the doors of a franchise to be opened and the business to be run with little or no input by the franchisee, this is referred to as a “turnkey” method
• » Tying: Forcing a franchisee to purchase one product as a condition to the sale of another
• » UFOC (Disclosure Document or Uniform Franchise Offering Circular)* in the United States: Provides background information in over 20 categories as well as a copy of the proposed franchise agreement; also known as FDD - Franchise Disclosure Document
• » Variable Cost: Any cost that changes significantly with the level of output, for example, the cost of materials
• » Venture Capital: Money used to support new or unusual undertakings; this funding is provided to new or existing firms that exhibit potential for above-average growth