FRANCHISING REVIEWER mix Flashcards

(57 cards)

1
Q

SHE is known to be the first commercial franchisor

A

Martha Matilda Harper

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2
Q

the payment to franchisor based on the gross sale is

A

Royalty

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3
Q

the franchising born spear headed by blank in late 1950s

A

Ray Kroc Mcdonalds

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4
Q

most gasoline products sold through the blank system of franchising

A

Product Distribution

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5
Q

The franchisee not only uses the
franchisor’s brand and products but also follows a complete
business system provided by the franchisor, including
operations, marketing, training, and more

A

Business Format Franchise

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6
Q

often called the Franchise Disclosure
Document, or FDD, in many jurisdictions like the U.S.) is a
legal document that a franchisor must provide to a potential
franchisee before any agreement is signed.

A

Disclosure Statement

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7
Q

is to provide prospective
franchisees with information about the franchisor, the
franchise system and the agreements they will need to sign so
that they can make an informed decision.

A

FDD

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8
Q

e is a business model where the owner
of a trademark, business model, or system (the franchisor)
allows others (the franchisees) to operate a business using
their brand, processes, and support system

A

Franchise

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9
Q

is a legally binding contract between
the franchisor and the franchisee. This document outlines the
terms and conditions under which the franchise will operate,
including the franchisee’s rights, obligations, fees, and
duration of the agreement.

A

Franchise Agreement

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10
Q

A Business method of expansion that allows an
individual or a group of individuals to market a product or a
service and to use the patent, trademark, trade name and
systems prescribed by the owner

A

Franchising

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11
Q

is an individual or company that purchases the
rights to operate a business under the brand name and business
model of an established franchisor

A

Franchisee

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12
Q

THE OWNER OF THE BUSINESS
THAT PROVIDES THE PRODUCT/SERVICE

A

Franchisor

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13
Q
  • The franchisee sells the franchisor’s
    products but doesn’t necessarily operate the same business
    model. Examples include car dealerships or soft drink
    distribution.
A

Product Distribution

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14
Q

These fees are usually calculated as a
percentage of the franchisee’s gross sales or revenue and are
typically paid on a regular basis

A

Royalty Fee

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15
Q

refers to the legally protected brand name, logo,
slogan, or other distinctive symbols that represent a business
or franchise. The trademark is a key asset for the franchisor, as
it helps distinguish the franchisee’s business from others in the
marketplace.

A

Trademark

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16
Q

-refers to the activities of producing, buying,
selling, or exchanging goods and services to satisfy the needs
and wants of customers.

A

Business

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17
Q

in a business context refers to the amount of money
spent on producing goods, providing services, or running
business operations.

A

Cost

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18
Q
  • in the franchising business refers to the
    presence of other businesses whether they are other franchises
    or independent companies that offer similar products or
    services in the same market or geographic area.
A

Competition

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19
Q

is the name given to a
company, product, or service that distinguishes it from other
entities in the marketplace. It serves as a unique identifier and
is crucial for building brand recognition, trust, and loyalty
among consumers.

A

Brand Name

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20
Q

to the money or earnings that an
individual or business receives in exchange for labor, services,
or investments. It’s the total amount of money a person or
entity receives over a period of time, before any deductions
such as taxes or expenses.

A

Income

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21
Q

refers to something that can be physically
touched or perceived by the senses, particularly by touch.

A

Tangible

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22
Q
  • refers to things that cannot be physically
    touched or perceived by the senses, particularly by touch.
A

Intangible

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23
Q
  • is a fixed, regular payment that an employee
    receives from their employer in exchange for the work they
    perform.
24
Q

is a snapshot summary of how much a
company is worth on any given day. It reports the financial
condition (solvency) of the franchisor.

A

Balance Sheet

25
what a company owns: current, fixed and intangible assets
assets
26
what a company owes: current and long-term debt
liabilities
27
the company’s net worth; it is the money the company has taken in from the sale of stock plus any accumulated profits
stockholders' equity
28
Minnesota follows federal regulations in areas like tax law, labor law, and civil rights, but also has its own state-specific rules
Minnesota Law
29
- is a legal contract between a franchisor (the company or brand owner) and a franchisee (the individual or entity purchasing the franchise).
Franchise Agreement
30
exists where a seller provides goods or services to a buyer to enable the buyer to start a business;
A business opportunity
31
(often referred to as a joint venture or partnership) is a collaboration between two or more businesses or individuals to work together on a specific project, product, or service
Joint Business Relationship
32
refers to a group of individuals, organizations, or entities that share common goals, concerns, needs, or interests.
Community of Interest
33
Most states that regulate franchise sales, the heart and soul of Minnesota franchise sales regulation is the requirement that a franchise offering be registered with a state administrative official before it may be offered to anyone.
Regulations and Disclosure
34
is the primary federal agency responsible for regulating franchise businesses in the United States. Its primary regulation is the Franchise Rule, which ensures transparency and fairness in the franchise relationship by requiring franchisors to disclose certain information to potential franchisees
Federal Trade Commission or FTC
35
also govern franchise agreements and the franchising process. Some states have more stringent rules than the federal requirements, designed to provide additional protection to franchisees
State Regulation
36
: Requires state approval before offering franchises.
Registration and Review
37
Franchisors file a notice with the state but do not need approval.
Notice Filing
38
Franchisors only need to file the FDD without state review or approval.
Disclosure-Only
39
The state performs a basic review for compliance but does not deeply analyze the FDD.
Cursory Review
40
Certain franchisors are exempt from filing or registration requirements if they meet specific criteria.
Exemption Filing
41
FDD be delivered no later than 14 days before the prospective franchisee signs a contract
Cooling Off Provision
42
An “impound order,” the franchisor is required to deposit all initial franchise fees into the prescribed escrow account under a three-party agreement between the franchisor, the bank and the Minnesota Department of Commerce.
Financial Conditions to Registration
43
The potential franchisee should be given a duplicate of any one-sided alterations affected by the franchisor to the Franchise Agreement or other contracts that are part of the Disclosure Document at least seven calendar days before signing. This ensures that the franchisee will have sufficient time to review the changes before signing the contract.
Material Changes to the Form Agreement
44
Revisions undertaken and negotiated by the franchisee or entries clerical are excluded from disclosing a final version of the Franchise Agreement at least seven days before signing.
Negotiating a Franchise
45
These involve third-party agents or brokers helping sell franchise opportunities, but the franchisor remains responsible for compliance with legal requirements.
Independent Franchise Sales
46
In some cases, such as in specific exemptions, an FDD may not be required. However, the lack of an FDD can increase risks for potential franchisees, as they may lack crucial information
No Mandatory FDD
47
Buyers should always conduct thorough due diligence, consult with professionals, and review the franchise agreement carefully, even if an FDD is not mandatory.
Recommended Buyer Action
48
The franchisor is generally required to provide an FDD to the prospective franchisee at least 14 days before any contract is signed or payment is made.
Franchisor's FDD Obligation
49
Laws that govern the ongoing relationship between franchisors and franchisees.
Franchise Relationship Regulation
50
Key Provisions of Minnesota's Franchise Relationship
1. Prohibition of Termination Without Good Cause 2. Unfair Practices Provisions
51
Overcoming the challenges associated with adapting to changing market trends in a franchise requires a multifaceted approach, focusing on Agility, communication, research, and innovation.
Adapting to changing market trends
52
Overcoming the challenges associated with dealing with legal compliance issues requires a thorough understanding of relevant regulations and policies, Staying updated on legal requirements and industry trends establishing clear compliance policies, and adopting effective risk management strategies.
Legal Compliance Issues
53
Franchise management can overcome the challenges associated with hiring and retaining employees by implementing the following strategies:
Hiring and Retaining Employees
54
- Franchises can overcome the challenge of maintaining consistency across their brand by implementing effective operational guidelines providing:
4. Maintaining Consistency Across the Brand
55
Overcoming financial management issues in a franchise requires identifying root causes, establishing a strong financial system, employing financial technology tools, fostering open communication, and vigilant planning
Financial Management
56
Businesses can choose among a wide range of distribution and expansion strategies. Sometimes, the choice is obvious. At other times, the choice is the consequence of an analytical process.
Planning a Distribution Program
57
Businesses must assess the suitability of Franchising for their products or Services. Franchising may not be ideal for manufacturers focused solely on selling products.
SUITABILITY OF FRANCHISING SUITABILITY OF FRANCHISING