Franchises


A franchise is a contract arrangement by which the owner of a trade name, trademark, copyright, or process grants permission to others to use this property in selling goods or services under specified conditions.

The purchaser of a franchise (franchisee) obtains the advantage of offering a well-known or unusual product that may already have wide appeal. The franchisee  also receives the benefit of mass buying and advertising. Typically, the buyer of a franchise may pay a flat fee for the franchise as well as an additional percentage based on sales. The franchisee may also be required to pay a fractional share of the franchisor’s promotional costs and to purchase certain supplies from the franchisor.

Contract and sales laws pertaining to franchises are comparatively new. If the franchise involves the resale of goods or food, both the franchisor and franchisee will usually be liable under a breach of warranty if the food or other merchandize is not wholesome or proper from the consumer’s standpoint. However, tort liability to a third person is usually the responsibility of the franchisee alone. In a case where the franchisee’s truck struck  and negligently injured a pedestrian , the franchisor would normally have no responsibility.

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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Why I wouldn’t buy from me


Part of knowing your product is knowing all the reasons someone might not want to buy it. Anticipate the reasons. State them clearly in your mind, spell them out on paper if necessary—and have an answer ready for each of them.

 

A good portion of almost any sales effort is spent overcoming objections. Don’t try to convince a buyer that his objections aren’t valid. Concentrate instead on altering his frame of reference.

 

In anticipating and overcoming objections a salesman has to practice a kind of theory of relativity. He has to ask himself, “Compared to what?” Think about a major purchase you have made—buying a house, for instance—and the mental gyrations you went through to get there. At some point you were making comparisons. Compared to another house that interested you, but in a slightly less desirable neighborhood, it seemed expensive. Compared to what you could have bought it for ten years ago, it seemed outrageous. But compared to its resale value, compared to what someone else might have been ready to offer, compared to what you deserve, you were able to justify the price.

 

In licensing the name of an athlete, I know the two objections we are most likely to encounter are the price—the size of the guarantees—and the athlete’s lack of availability to the licensors.

 

By helping the buyer see a different frame of reference, by altering his perceptions, we are able to finalize a licensee deal that has resulted in the company’s most successful line of apparel and in several million dollars of income to our client.

 

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, Line of Sight