Many of terms and language of franchising comes
from its European origins. Needless to say, its not always
straightforward and easy to understand. To help you navigate the
documents youll need to read before becoming a ConcreteScience®
franchise, weve prepared this list of terms. It does not include
everything, but it will get you started.
Acknowledgement Of Receipt:
The last page of the UFOC, this document (which you sign) states
that you received the legal franchise documents on a certain date.
Advertising Fee:
A fee paid by the franchisee for national/corporate advertising
expenditures. Usually this is less then 3 percent of the franchisees
annual sales and is in addition to royalty fees.
Agreement:
The franchise "contract". See UFOC.
Area Development Rights:
Optional right to develop multiple individual franchises in one
defined geographic area.
Area Franchise (Development Agreement, Master Franchise):
A special class of franchise responsible for developing additional
franchise locations within a specific geographic territory.
Assignment/Fees:
Monthly fees paid to the franchise corporation. See Advertising
fees and Royalties.
Capital Required:
The amount of liquid assets (cash, marketable securities, etc)
you are required to have/maintain to start or operate the franchise.
Company-owned Outlet:
Operationally similar to the franchise, but owned directly by
the corporation.
Conversion Franchise:
A special class of franchise allowing existing businesses to join
the national/international franchise system.
Default:
Failure to perform agreed upon terms.
Designated Supplier:
Authorized suppliers of products and services used in the franchisee
business (i.e. printed materials, supplies, equipment etc.)
Disclosure Document:
See UFOC.
Distributorship:
A business authorized to sell the products or services of another
business usually a manufacturer/reseller arrangement. Distributors
are usually not franchises, though that is not always the case.
Earnings Claims:
Statements of sales, profit or other financial information made
by the franchisor regarding franchisees.
Entrepreneur:
The person or company starting a business.
Exclusive Territory:
A specifically defined geographic area wherein the franchisee
retains the sole right to operate.
Federal Trade Commission (FTC):
Federal agency regulating trade practices, commerce and franchises.
Franchise:
A business designed to offer a set range of products or services
defined and managed by a franchisor.
Franchise Agreement:
See UFOC.
Franchisee:
The franchise owner (may own one or several individual franchises).
Franchise Fee:
The amount of money you need to pay the franchisor to purchase
a franchise.
Franchising:
A method of conducting business in an industry that involves a
franchisor and franchisee.
Franchisor:
The person or company that owns the right to manage/sell franchises
for a specific product or service.
FTC Rule 436:
The part of franchise law that specifies disclosure requirements
and rules governing franchise business, etc. See FTC for more
information.
Initial / Ongoing Training:
The training offered or required of franchisees to operate and/or
maintain a franchise.
Initial Investment:
The cash investment required to purchase and start a franchise
business. This investment usually includes start up fees, franchise
fees and other expenses. Your total investment, however, may vary
based on variable factors.
Master Franchisee:
See Area Franchise.
Master Region:
A specific geographic area purchased by a franchisee with the
intent to divide and sell additional franchises.
National Alliance of Franchisees (NAF):
National organization founded to protect the interests of franchise
businesses and entrepreneurs.
Net Worth:
Total assets minus liabilities.
Non-Compete Clause:
Restrictions on competing with the franchised company upon termination
of a franchise agreement for any reason.
Offer:
Usually the UFOC, but may also be an oral offer for the sale of
a franchise.
Offering Circular (Disclosure Document or Uniform Franchise
Offering Circular):
See UFOC.
Operations Manual:
All of the training, reference and business specifications required
to operate a franchise business.
Pro Forma:
Complete financial picture of the franchisor including: balance
sheet, profit and loss statement, assets, liabilities, net worth
and/or cash flow statement. 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:
Geographically defined area where the franchisor grants the franchisee
exclusive rights to operate.
Public Figure Involvement:
Disclosure by the franchisor if a well-known public figure has
endorsed the product, service or franchise.
Qualification Questionnaire:
Franchisors use the answers the prospective franchisee provides
to determine eligibility to purchase a franchise. Each franchisor
may have different requirements.
Registration:
Many states require the franchisor to file documentation with
that state before a franchise can be sold.
Renewal:
The mechanism used to continue the term of the franchise agreement
once it has expired.
Start Up Costs:
See Initial Investment.
Total Investment:
This may include the Initial Investment plus any required inventory,
advertising or equipment purchases.
UFOC (Disclosure Document or Uniform Franchise Offering Circular):
Provides background information in over 20 categories as well
as a copy of the proposed franchise agreement.
Variable Cost:
Costs that vary with usage or some other factor (i.e. materials).
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