• About
    • TiddLaw.com
  • Areas of Texas We Serve
  • Contact Me!

Looking at All Things Franchise

as viewed by a Texas Franchise Lawyer

  • Franchising Your Business
  • Buying a Franchise
  • Franchisee Issues
  • Franchise Education
  • Realities
You are here: Home / Franchise Education / Are You Ready to Franchise Your Business?

Are You Ready to Franchise Your Business?

April 22, 2009 By Kat Tidd

            Are people waiving money at you?  Love your business and want one of their own?  Ready to pay a nice big piece of change up front as an initial franchise fee? And keep on paying in royalties?

Pretty hard to resist.  You’ve created a successful business that others want, and they want to pay you for the privilege.

Why say no?  Should you say no?  There could be numerous reasons depending on the circumstances.  However, there are certain considerations that are universal to all types and kinds of franchise opportunities.  For one thing, getting out of a franchise relationship is harder and often more painful both emotionally and financially than a divorce.  For another, if you don’t do it right,  the legal consequences can be extreme.

Here’s typical example (composite of many events and franchises) of good intentions gone wrong:

Taylor and Mark started a little bakery and coffee shop in Austin Texas ( a suburb of Dallas 🙂  with a unique retro beatnik theme, including open mike poetry readings and ad lib performances in the evening.  In the present “staycation” economy with people looking for fun inexpensive entertainment, it rapidly became a multi-generational gathering place to see, be seen and show off.   Taylor came up the name “ The Happening, a bakery, bistro and entertainment shop.”  She registered it as a trade name and even filed for a state trademark.  In six months, a second Happening shop opened in Plano, Texas and a third in Frisco, Texas.

Within 18 months of opening their first shop, 5 different groups approached them asking to opening a shop in another location.  One group offered $50,000 for the exclusive right to develop shops in Fort Worth!  45 days later, Taylor and Mark sold their first Happening shop franchise.  In a year, they had fifty in 15 states with and Taylor and Mark were trying to train and help 15 different shops open in a single month.  The stress was great, support staff limited and inexperienced, and operating capital stretched beyond the max,  but the newbie franchisors were determined to make every franchisee a success story.

Unfortunately, the ball got dropped a few times as far as promises to work with the new franchisees’ landlords on plans and finish out.  Since all orders for equipment went through the franchisor, it was a big problem when deliveries were delayed and defective equipment.  Bottom line: only 7 opened on time and the rest dragged on with various problems.  After that rocky start, relationships were never good, and 5 closed within the first 12 months.  2/3rds of those in operation were failing or barely breaking even………. People who lose money, sue, and so the story inevitably and typically plays out.

If you franchise, think it through, prepare, be patient, do it right.

Filed Under: Franchise Education, Realities Tagged With: are you ready to franchise, attorney, business, franchise, franchise lawyer, Kat Tidd, should you franchise, Texas Franchise Lawyer

Contact Information

  14850 Quorum Drive Suite 205 Dallas, TX 75254 Phone: 972-247-6934 Fax: 972-247-7535

My Blog

  • Franchise Agreements have changed…not for the better
  • Buying A Franchise? Do These Things First
  • Is The FDD A Contract?
  • My Interview Concerning the Burger King Lawsuit
  • Have You Been Given a Current FDD?

Tags

are you ready to franchise attorney Attorneys best franchise blogging business business opportunity buying a franchise Dallas Dallas Franchise Lawyer Down economy fastest growing franchise FDD franchise franchise agreement franchise agreements franchise attorney franchise disclosure document franchise documents franchisee Franchise Law franchise lawyer franchise opportunities franchises franchising franchisor franchisors how to buy a franchise iPad Kat Tidd Law lawyer Legal problem franchise profitable franchise should you franchise texas Texas Franchise Texas Franchise Attorney Texas Franchise Law Texas Franchise Lawyer Texas Lawyer What is a Franchise who represents the franchisee why franchises fail

Search This Site

Pages

  • A Worksheet
  • About
  • Areas of Texas We Serve

Copyright © 2025 · Metro Pro On Genesis Framework · WordPress · Log in