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Uniform Franchise Offering Circular - UFOC |
The first step to franchise your business is to register your Trade name and Trademarks with the U.S. Trade mark office. Assuming that you already have an operating unit, the next step would be to open a 2nd, 3rd, and even a 4th operating unit, if capital and time allows. It will help you to franchise your business and you will develop more credibility with franchise prospects, because you have a proven track record that you have been successful with 4 units as opposed to just one unit. The next step is to develop a Uniform Franchise Offering Circular-UFOC and a franchise agreement and very specific systems for every aspect of your business from site selection, lease negotiation, training, unit operations, hiring / firing, advertising, accounting, etc. This is what you are really selling as a franchisor--a total business system which ensures success. All the systems must be put in manual form so that they can be taught and referred to on an ongoing basis. Great emphasis must be placed on strict adherence to the system. It is here that the success of the franchise is created. Stick to the system, which is what it all about, if you want to franchise your business.
The most important documents, if you are interested to franchise your business, are the Uniform Franchise Offering Circular or UFOC and the franchise agreement. The Uniform Franchise Offering Circular-UFOC is a document which contains a history of the company background information on the owners and officers of the company, a breakdown of the required investment, financial statements for the last 3 years (audited), a listing of existing franchises, litigation history, and other information on the company. The franchise agreement is a document which spells out in detail the terms and conditions and responsibilities of the franchisor and franchisee. The two principals in a franchising agreement are the franchisee and the franchisor. The dealer is the franchisee, a small-business owner who contracts to sell the goods or services of the supplier -- the franchisor -- in exchange for some payment (usually a flat fee plus royalties expressed as a percentage of sales by the franchisee). The franchisor typically provides building plans, site selection help, managerial and accounting systems, and other services to assist the franchisee. The franchisor also provides name recognition for the small-business owner who becomes a franchisee. This public image is created by shoppers' familiarity with the franchise in other geographic areas and by advertising campaigns, all or part of which is paid for by contributions by the franchisees.
The Federal Trade Commission requires that these documents be given to a franchise prospect at the first personal meeting or at least ten days prior to the signing of the franchise agreement and the payment of the franchise fee. You will need help in the form of an accounting firm experienced in franchising, a franchise attorney, and a good franchise consultant. The franchise consultant can actually save you money. Below are the Table of Contents and an outline of a typical Uniform Franchise Offering Circular or UFOC. This will give you some idea what is involved if you want to franchise your business.
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TABLE OF CONTENTS
1. The Franchisor and Any Predecessors
2. Identity and Business Experience of Persons Affiliated with the Franchisor
3. Litigation
4. Bankruptcy
5. Initial Franchise Fee
6. Other Fees
7. Franchisee’s Initial Investment
8. Obligations of Franchisee to Purchase or Lease from Designated Sources
9. Obligations of Franchisee to Purchase or Lease in Accordance with Specifications or from Approved Suppliers
10. Financing Arrangements
11. Obligations of Franchisor: Other Supervision, Assistance or Services
12. Exclusive Area or Territory
13. Trademarks, Service Marks, Trade Names, Logotypes and Commercial Symbols
14. Patents and Copyrights
15. Obligation of the Franchisee to Participate in the Actual Operation of the Franchised Business
16. Restrictions on Goods and Services Offered by Franchisee
17. Renewal, Termination, Repurchase, Modification and Assignment of the Franchise Agreement and Related Information
18. Arrangement with Public Figures
19. Actual, Average, Projected or Forecasted Franchisee Sales, Profits or Earnings
20. Information Regarding Franchises of the Franchisor
21. Financial Statements
22. Contracts
23. Acknowledgement of Receipt by Prospective Franchisee of the Offering Circular from Franchisor