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Acknowledgement of Receipt
The final page of an Offering Circular, which once signed,
provides proof of the date that you received the UFOC.
Agreement
The franchise "contract."
Arbitration
A dispute mediating process in which each side selects
their representative, in addition to the participation
of a chosen third (impartial) individual.
Area Development Rights
Your entitlement to open several franchise locations
in a specified area.
Assignment /Fees
The monthly fees paid to the franchise company in order
to support corporate marketing and advertising. This
fee is typically a percentage of your gross revenues.
Broker
An intermediary who manages a sale and purchase. Brokers
can represent either sellers or buyers. Different brokers
can represent both a seller and a buyer.
Business Plan
A plan that provides the objectives
of a business and the steps necessary to achieve those
objectives.
Capital Required
The amount of cash you are required to have available.
Default
A failure to perform in the manner as required by a
contract.
Designated Supplier
Approved, chosen suppliers of products and services
- all of whom meet the requirements of a particular
franchise company.
Disclosure Document
Also referred to as an "Offering Circular,"
this is the FTC-required background and contractual
information presented to you by franchise companies.
Earnings Claims
Claims made by the franchisor regarding the past performance
of franchisees or to the potential financial performance
of a franchisee. If given, they must be disclosed in
item 19 of the UFOC.
Exclusive Territory
The "territory" offered to you by a franchise
company, which prevents the franchisor from establishing
any other location within your designated area.
Federal Trade Commission (FTC)
The federal agency, based in Washington, D.C., regulating
a variety of trade practices, including the franchise
industry.
Franchise
A privilege or right officially granted you to offer
specific products or services under explicit guidelines
at a certain location for a declared period of time.
Franchise Fee
The amount of money you pay to the franchisor to acquire
the franchise. This gives you the limited rights to
their proprietary information. Generally, the fee reimburses
the franchisor for the costs of initial training and
support for new franchisees.
Franchisee
A person or entity to whom the right to conduct a business
is granted by the franchisor or licensor.
Franchisor
The company owning/controlling the rights to grant franchises
to potential franchisees.
FTC Rule 436
Passed in 1979, this law regulates the franchise industry
by setting forth "disclosure" requirements
and prohibiting franchisors from making untrue earnings
claims.
Gross Sales
Revenue generated before any expenses are deducted.
It is the sum of all money generated prior to deducting
wages, product cost, taxes, interest, etc. Typically
the amount royalty from which payments are calculated.
Industry
The category of business to which a specific franchise
belongs; an all-encompassing area of business that incorporates
several different sectors.
Initial/Ongoing Training
The initial and all subsequent training offered to franchisees
in the operations of a specific business.
Initial Investment
Typically considered the initial cash investment required
for you to begin a franchise. This can include the franchise
fee and other "startup" expenses you may sustain,
but may not be reflective of your total investment.
Master Region or Master Franchise
A significantly large territory obtained by a franchisee
with the objective of subdividing and reselling individual
franchise locations.
Net Worth
Total assets, once you’ve subtracted your total
liabilities.
Non-Compete Clause
Some franchise agreements exclude you from competing
in any way with the franchised company upon termination,
non-renewal or other sale or transfer.
Offering Circular
Also referred to as the "Disclosure Document"
and "Uniform Franchise Offering Circular (UFOC),"
this document provides background information from over
20 different categories as well as a copy of the proposed
franchise agreement.
Operations Manual
Generally consists of several volumes, it contains all
pertinent information regarding the operation of a distinct
franchise.
Personal Guarantee
Usually the owner(s) of a corporation
cannot be held personally responsible for a corporation’s
debt. If a loan requires a personal guaranty it means
that the lender is asking the owner to personally guarantee
the debt should the corporation default.
Pro Forma
A balance sheet, profit and loss or cash flow statement
that estimates income and expense sources. Assets, liabilities
and net worth are forecast on the balance sheet. 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.
Public Figure Involvement
The nature of the agreement between a well-known public
figure and a franchisor must be disclosed, when regarding
the endorsement of a franchised product/service.
Renewal
When pertaining to the context of a franchise relationship,
it refers to your signing a new franchise agreement
once the prior agreement expires.
Royalty
A royalty refers to a percentage of gross sales that
you pay to the franchisor monthly.
Start Up Costs
The required amount of money the franchisor will request
that you – a new franchisee – have to invest
in the new franchise unit it its earliest stages of
development.
Uniform Franchise Offering
Circular (UFOC)
Also referred to as the "Disclosure Document"
and "Offering Circular," this document provides
background information from over 20 different categories
as well as a copy of the proposed franchise agreement.
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