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Franchising

Before you buy in

A franchise can be a proven pathway to business ownership. But like any significant investment, it demands careful due diligence before you commit.

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The Opportunity

Why franchising works

Franchising can be a great business option because while it is not without risk, the franchisor relies on your success to reap its own rewards. This means they are incentivised to help you succeed.

You get a proven business model, established brand recognition, training, and ongoing support. In return, you pay for the right to operate under their system and follow their processes.

However, like any business venture, it is crucial to approach franchising with careful consideration and thorough due diligence. Here are five key areas to evaluate before you sign.

Due Diligence

5 things to consider before buying

1

Which industry should I enter?

Choosing an industry that complements your professional experience and your general strengths and weaknesses is advisable. However, not having experience in an industry does not necessarily mean you should rule it out.

You do not necessarily have to have worked in a pizzeria to be able to run a pizza franchise successfully. Your attitude and determination are often more important when it comes to achieving the best results in a franchise business.

Key question: Do your skills, personality, and lifestyle suit this type of business? Talk to existing franchisees about what the day-to-day reality looks like.

2

What are the setup costs?

Franchises come in a vast range of types and sizes. They can cost anywhere between a few thousand and several million dollars to buy. Whatever your budget is, ensure you know exactly what the setup costs are and what is included.

A franchise fee will normally cover the rights to use the brand and systems. Some other things it may include are:

Training
Operations manuals
Premises fit-out costs
Launch promotion and marketing

Do not forget: Account for other costs you may need, such as accountants, lawyers, and any other professional advisers. These should be factored into your total startup budget.

3

What are the ongoing fees?

All franchises require their franchisees to pay ongoing fees, sometimes called royalties, management fees, or licence fees. These can come in the form of:

Flat fee

A fixed amount regardless of turnover

Percentage of turnover

Scales with your revenue

Product markup

Built into required product purchases

Service fees

Specific charges for technology, marketing, etc.

Key question: Ensure you find out what all the fees are so you can accurately project your true cost of operating the franchise over its term.

4

How are sales projections calculated?

Unlike projecting costs, franchisors cannot know what sales you will achieve with certainty as there are too many variables, including your own performance. Find out how any sales projections were calculated so you know how much reliance you can place in them when making a decision to purchase.

Questions to ask about projections:

  • Were sales projections based on existing franchise sales?
  • Is your territory comparable to others in the network?
  • Are the projections based on NZ outlets or international data?
  • Can you verify the numbers with existing franchisees?
5

Are you financially prepared?

Ensure you account for not just the costs related to buying and running the franchise, but other costs such as your tax obligations and any finance costs.

Payroll vs Drawings

How will you pay yourself?

Tax Deductions

What can you claim?

Finance Costs

Loan interest and repayments

Critical: Work with an accountant to model realistic cash flow projections, including the time it takes for a new business to reach profitability.

Independent Advice

Why you need a lawyer on your side

The franchise agreement and disclosure documents are prepared by the franchisor, to protect the franchisor. They are rarely negotiable on major terms, but that makes understanding what you are agreeing to even more important.

An experienced commercial lawyer can identify red flags, explain what the terms actually mean for your day-to-day operations, and help you understand your rights and obligations over the life of the franchise.

What we review for franchisees:

Disclosure document completeness and accuracy
Franchise agreement terms and obligations
Territory and exclusivity provisions
Renewal, transfer, and exit provisions
Restraint of trade implications

Key Takeaways

Choose an industry that suits your skills and personality, not just your budget

Understand the full setup costs, including professional advisers

Calculate the true ongoing cost including all fees and levies

Verify sales projections with existing franchisees where possible

Ensure you have adequate working capital beyond the purchase price

Get independent legal advice before signing anything

Considering a franchise opportunity?

A franchise is a significant investment with long-term commitments. Before you sign, get independent advice on what you are committing to and what you can negotiate.

Or call us on 06 835 7394

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