Common Franchise
Terms
Acknowledgement Of Receipt:
The last page of
an Offering
Circular, signed
to indicate you
received the
documents on a
certain date.
Advertising Fee:
An annual fee
paid by the
franchisee to
the franchisor
for corporate
advertising
expenditures; It
is often less
then three
percent of the
franchisee's
annual sales and
typically paid
in addition to
the royalty fee.
Capital Required:
The amount of
cash you are
required to have
available.
Earnings Claims:
Representations
made by
franchise
companies that
their
franchisees have
achieved
specific levels
of sales or
profitability.
Exclusive Territory:
The "territory"
granted to you
by a franchise
company, which
restricts the
franchisor from
establishing any
other location
within your
area.
Federal Trade Commission (FTC):
The federal
agency in
Washington, DC
that regulates
various trade
practices
including the
franchise
industry.
Franchise Agreement:
An official
document that
sets forth the
expectations and
requirements of
the franchisor.
It describes the
franchisor's
commitment to
the franchisee,
and includes
information
about
territorial
rights of the
franchisee,
location
requirements,
training
schedule, fees,
general
obligations of
the franchisee,
and general
obligations of
the franchisor.
Franchisee:
The owner of one
or more
franchises.
Franchise Fee:
The initial fee
you pay to a
franchisor to
acquire a
franchise.
Franchising:
Neither an
industry nor a
business, but a
method of doing
business within
a given
industry. At
least two
parties are
involved in
franchising: the
franchisor and
the franchisee.
Franchisor:
The person or
company that
owns or controls
the right to
grant franchises
for a specific
"brand".
FTC Rule 436:
The law passed
in 1979 that
regulates the
franchise
industry. It set
forth
"disclosure"
requirements and
prohibited
franchisors from
making
undocumented
earnings claims.
Initial Investment:
Generally, the
initial cash
investment
required of you
to buy and open
a franchise.
This can include
the franchise
fee and other
initial start-up
costs and
expenses you may
incur, but may
not be
reflective of
your total
investment.
Liquid Capital:
Also known as,
liquid assets,
quick assets,
and realizable
assets. Assets
held in cash or
in something
that can be
readily turned
into cash.
Net Worth:
Total assets,
once you've
subtracted your
total
liabilities.
Non-Compete Clause:
Upon
termination,
non-renewal, or
other sale or
transfer, some
franchise
agreements
prohibit you
from competing
in any way with
the franchised
company.
Offer:
An oral or
written proposal
to sell a
franchise to a
prospective
franchisee upon
understood
general terms
and conditions.
Protected Territory:
A designated
area or
geographic
boundary granted
to the
franchisee by
the terms of a
franchise
agreement. The
franchisor
promises not to
open another
franchised or
company-owned
business of a
similar nature
within the
franchisee's
protected
territory.
Qualification Questionnaire:
A document
prepared by the
franchisor to be
completed by the
prospective
franchisee,
which provides
initial
information to
the franchisor
in order to
assist in
determining
whether or not
the prospect is
capable and
motivated enough
to own a
franchise. Often
a financial
statement is
included in the
questionnaire
format.
Registration:
A requirement in
several states
that specific
information be
submitted and
approved by
state regulatory
authorities
before
franchises may
be offered in
that state. It
is quite
extensive in the
information
required and may
ask for: a bond,
fingerprints and
pictures.
Start Up Costs:
The required
amount of money
the franchisor
will request
that a new
franchisee have
to invest in the
new franchise
unit in its
earliest stages
of
development.Total
Investment: The
amount of money
estimated for
complete set up
of a
franchisee's
business,
including the
initial
investment, the
working capital,
and any
additions to
inventory and
equipment deemed
necessary for a
fully
operational and
profitable
business.
FDD - Franchise Disclosure Document:
Provides
background
information in
over 20
categories as
well as a copy
of the proposed
franchise
agreement. Also
know as, the
“Circular”,
“Offering
Circular” and
“Disclosure
Document”.