Loss of Purpose


If your organization is ploughing on regardless of an agreed direction, beware. It is amazing how many organizations are unable to articulate what their core purpose is with any crispness and in a way that differentiates them from their competition. When you come across an organization that can, the difference is amazing.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

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Thinking Before Signing a Franchise Agreement


A franchise agreement is a legally binding contract that defines the relationship between the franchise and the franchiser. Because the Agreement is drawn up by the franchiser, the terms and conditions generally favor the franchiser. You don’t necessarily have to agree to everything on the first go-round. Maybe you can negotiate a better deal. Before signing the franchise agreement, be sure consult an attorney. Here are some tips you must consider before signing the agreement:

  1. Are your legal responsibilities as a franchisee clear? Are your family members similarly obligated?
  2. Who is responsible for selecting the location of your business?
  3. Is the name or trademark of your franchise legally protected? Can the franchiser change or modify the trademark without consulting you?
  4. Has the franchiser made any oral promises that are not reflected in the written franchise agreement?
  5. What are your renewal rights? What conditions must you meet to renew your agreement?
  6. Do you have exclusive rights to a given territory or could the franchiser sell to additional franchisees who would become your competitors?
  7. Under what terms are you allowed or required to terminate the franchise agreement? What becomes of the lease and assets if the agreement is terminated? Are you barred from opening a similar business?
  8. Under what terms and conditions are you permitted or required to sell some or all of your interests in the franchise?
  9. Are you required to buy supplies from the franchiser or other specified suppliers? Under what circumstances can you choose your own suppliers?
  10. Has your attorney studied the written franchise agreement? Does it conform to the requirements of Government rules?

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Commitment to Principles


We are increasingly convinced that there are several principles which tend to lead us to good process management. They are tough and often sacrificed.

Focus: In very competitive situations managers often go to focus; that is, they try to zero in on part of the playing field, part of the market, or part of the technology. Narrowing focus yields greater capability and a shared vision, like the power of a laser. However, in a reverse twist, focus always means we try to solve the customer’s whole problem, at least as much as we can. Ours is not a point solution. For example, product disposal is now getting attention in the design stage, and designers resist the rush to completion mentality of cycle time.

End User Drive: During technical development today, the end user’s problems are the top of every page. Technical development isn’t over until the customer agrees that we have solved the problems we began with.

Productivity: Everyone seems to agree that we must destroy oppressive bureaucracy in the new products operation. Any organization, however, even on a kid’s baseball diamond, needs some bureaucracy, and even ventures teams that have been spun out from their firms need a little. It is a glue, and its policies reduce the time spent on routine decisions.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Delayed Performance


Delayed performance will always justify a claim of damage where it can be shown that loss was occasioned by the delay. Most courts hold, however, that delayed performance will not be a material breach justifying rescission unless performance by a certain date is a condition precedent in the contract. If the late performer has any reasonable excuse for delay, the courts may allow damages but will seldom agree to rescission.

In agreements for the sale of marketable merchandise, however, a contract calling for shipment or other performance within a designated time is generally held to be a condition precedent. The difference between merchandise contracts and other contracts is in the position of the injured parties. A delay of a week in obtaining possession of a new home would not likely be crucial to the average home buyer. But a merchant’s success depends on the prompt delivery of goods to customers. Often advertising and sales programs are scheduled around specific delivery dates. Consequently, a delay in the shipment of merchandise is usually held to be a material breach.

Delay cannot be tolerated indefinitely in any kind of contract, however. After the passage of a reasonable time without performance the courts will permit rescission in almost any kind of contract. What is a reasonable time will vary with the type of agreement and all the surrounding circumstances. If no date is specified in the agreement, the courts interpret this to mean that performance must be done within a reasonable time. When time is of great importance, the contract should always be drafted to read that “time is definitely of the essence in the performance of this contract.”

In a bilateral contract, the injured party cannot regard the other party as being in default until the injured party has offered to perform. In legal circles, this offer by the injured party is called a tender. Depending on the terms of the contract, the tender must be either an offer to pay or an offer to perform a service.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Improving your Planning Skills


All too often, managers develop elaborate plans only to have them collect dust on a shelf or in a file drawer. To be an effective management tool, a plan must be continually monitored and updated. Your goals and objectives must be a part of your monthly, weekly, and daily plans or they will become victims of the daily crises and interruptions that inevitably fight for your time. It’s important to spend some time every day working toward accomplishing your goals.

Evaluate and update your plan on a regular basis. If your plan is detailed and specific, it should be quite simple to manage by:

  • Using target dates for various phases of the project. Be sure that expectations, latitude, and due dates are clear and agreed upon with others.
  • Delegating responsibility (and appropriate decision-making authority) to the right person or people.
  • Requesting status reports from your employees on their progress toward goals.
  • Monitoring and following up on progress. By documenting performance against your plans (for example, budgeted vs. actual labor) you will be better able to evaluate results and develop realistic plans for future projects.
  • Intervening and adjusting plans when necessary.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

Downsizing, Rightsizing


Indeed, organizations have been rapidly reducing the number of employees needed to operate effectively—a process known as downsizing. Typically this involves more than just laying off people in a move to save money. It is directed at adjusting the number of employees needed to work in newly designed organizations and is, therefore, also known as rightsizing. Whatever you call it, the bottom line is clear. Many organizations need fewer people to operate today than in the past—sometimes far fewer. The statistics tell a sobering tale. Downsizings are not a unique manifestation of current economic trends. In the recent past, some degree of downsizing has occurred in about half of all companies—especially in the middle management and supervisory ranks. Experts agree that rapid changes in technology have been largely responsible for much of this.

My Consultancy–Asif J. Mir – Management Consultant–transforms organizations where people have the freedom to be creative, a place that brings out the best in everybody–an open, fair place where people have a sense that what they do matters. For details please visit www.asifjmir.com, and my Lectures.

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