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Franchise Glossary

A Guide to Common Words and Phrases of the Franchise Industry

Acknowledgement of Receipt – a document which acknowledges that you received and signed an Offering Circular (aka Disclosure Document).

 

Agreement – a legal franchise contract.

 

Arbitration – the process of submitting a dispute to an arbitrator (a person selected to judge a dispute).

 

Area Development Rights – your legal permission to open several franchise units within a specific geographical location.

 

Business Format Franchise – a type of franchise not limited to just the product but also the marketing plan and operations manual.

 

Capital Required – the cash needed a franchise company requires you to have available.

 

Default – failure to do or appear as required.

 

Designated Supplier – the official suppler of products and services who meet the established criteria of the franchise company.

 

Disclosure Document – also known as the Offering Circular, this is an FTC required contractual information presented to you by the franchise company.

 

Earnings Claim – an assumption of the level of sales (or profitability) projected and declared by franchise companies.

 

Exclusive Territory – the geographical area (territory) offered to you by a franchise company. In essence, this prevents the franchisor from establishing another location within your specific area.

 

Federal Trade Commission (FTC) – an agency of the federal government, located in Washington D.C., authorized to regulate trade practices including franchise companies.

 

Franchise – a license that describes the relationship between a franchise company and franchise buyers, including product, trade name, trademark

 

Franchisee – the person, entity or company that gets the right from the franchisor to do business under the franchise company’s name.

 

Franchising – a business model where a company expand its product and marketing concepts by product and brand name license, payment of fees, and control.

 

Franchisor – the franchise company that grants franchisor buyers the right to do business using their product and brand.

 

Franchise Fee – the amount of money a franchisee pays the franchisor to acquire a franchise.

 

FTC Rule 346 – A Federate Trade Commission law passed in 1979 regulating the franchise industry by establishing “disclosure” requirements and prohibiting franchisors from making earnings claims.

 

Industry – a business category that a specific franchise belongs to, i.e. automotive, hospitality, financial planning, maintenance, restaurant, investing, etc.

 

Initial/Ongoing Training – the initial and continuing education offered to franchisees in the operation of a franchise business.

 

Initial Investment – the money needed “up front” to purchase and successfully startup a franchise.

 

Master Region – a big geographic region acquired by a franchisee with the objective of breaking up the territory and reselling individual franchise locations.

 

Net Worth – The total assets of individual, entity or company, once liabilities have been subtracted.

 

Non-Compete Clause – a contact that prohibits you from competing with the franchise company in a specific area or within a certain time frame.

 

Operations Manual – a guidebook(s) outlining in detail the running of a franchise.

 

Product Format Franchise – the rights to market a product or service that is part of your product line but is not the majority of your “stock and trade.”

 

Renewal – signing a new franchise contract or agreement to continue the franchise relationship after the prior agreement has expired.

 

Royalty – a regular payment by the franchise owner to the franchise company, most typically based on the franchise owner’s gross sales.

 

Sector – the categories included within a larger scope of franchise opportunity.

 

Trademark – a symbol, word, graphic element or specific design used by a manufacturer or dealer to distinguish a product, typically protected by the law.

 

Uniform Franchise Offering Circular (UFOC) –also referred to as the Disclosure Document and Offering Circular.