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.

Private Enterprise


Private or free, enterprise is the economic system. It means that most of the country’s goods and services are provided by privately owned firms that compete with a minimum of government controls. The private enterprise system has six key characteristics:

  1. Private Ownership of Property: most businesses, land, minerals, buildings, machinery, and personal goods are owned by people, not by governments. This ownership is the right of people. It is an incentive to work hard to acquire and care for our own property. This sort of incentive contributes to the economic growth of the country.
  2. Freedom of choice and limited government: Freedom of choice allows businesses to select the products they produce, hire and fire employees, compete for customers and supplies, and make and dispose of profits. Freedom of choice also allows consumers to buy whatever products and services they are willing and able to buy from whichever firms they choose. Freedom of choice implies a limited amount of government intervention in the area of private enterprise. In a free enterprise system, government sets the” economic rules of the game” by establishing basic laws and regulations that ensure society’s welfare. But within the context, individuals and organizations are left largely free to pursue their own interests and inclinations.
  3. Consumer sovereignty: Consumers rule; the more carefully they make their decisions, the more clearly the economy will reflect their needs. The more money you spend in the marketplace, the greater your influence.
  4. Profits: Profits make businesses responsive to consumer wants. Profits are also a good indicator of where to expand and how to compete better. As a shop owner you can also compare the overall profits with past results or with profits of other businesses to gauge how well your shop is doing. Profits are the clearest standard of performance available to a business. But consumers often misinterpret business profits. They also don’t always understand how profits direct a business’ efforts. And consumers usually substantially overstate how high business profits actually are.
  5. Competition: Most business leaders believe their industries are highly competitive. But the term “competitive” has many meanings. Pure, or perfect, competition exists in an industry when 1) there are many firms of about equal size, 2) all firms produce the same product, 3) each firm can enter or leave the industry when it wants, and 4) all firms and customers are well-informed about prices and availability of products. No industry completely satisfies all these conditions, although some come close. Most industries operate under conditions of imperfect competition. This means they satisfy some but not all the conditions of pure competition.
  6. Productivity: Productivity is essential to the economy, whether it means designing faster microcomputers or better-testing toothpaste. Increased productivity helps offset inflation and keep prices down. Productivity is defined as real output (the value of the product independent of price changes) per working hour, and it is usually written as a percentage.

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.

Response to Failure


What happens when someone makes a mistake that sends you through the roof? What happens when you want to rip a person apart for having made a mistake, even when he or she acted within the established guidelines?

First of all, it is important to recognize that those feelings are not a sign of weakness, they simply mean that you are human. The important thing is what you do with those feelings.

If you act on them immediately, more than likely you will destroy any trust you have established between the person and you. Any progress you have made in convincing people that it is okay to fail can be undone in an instant.

You will be better able to accomplish your objectives if you will abide by this unwritten rule: Never reprimand a person unless you are in full control of your own thoughts and emotions. This way you won’t say or do things that may result in momentary satisfaction in the short term but regret in the long term.

I am not suggesting that you never show emotion to your people that you let them know you are angry or upset. Showing your people how you feel can be quite beneficial at times, provided it is shown in an appropriate way and for the right reasons.

When you respond constructively to people’s failures you are doing the single most important thing you can do to let them know that it is okay to fail.

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.

Equal Employment Opportunity


For the last 5-6 decades, women and ethnic minorities have sought equal employment opportunities. These include the desire for a) equal pay for equal work; b) jobs for women and minorities in high-pay, high-prestige occupations—in approximate proportion to their members in the general population; c) a fair chance for women and minorities to be promoted to better jobs based on merit; and d) recognition of the special problems women and minorities face.

Even though the number of working women has grown many times faster than the number of working men, they are concentrated in clerical and service jobs, where they earn less than men for the same work—even when education and work experience are equal. Women also suffer from untrue stereotypes and absenteeism and emotional instability. And they sometimes have to do much better work than their male colleagues to be promoted.

Business can help create equal employment opportunity by providing women with role models—examples of productive and successful women—and by promoting them when they deserve it. Business can also offer flexible work schedules, day-care facilities, and leaves of absence for child-care when necessary.

Business can help minorities to achieve equal employment opportunities by actively seeking them as employees, by redesigning job requirements so as to rely more on skills and less on traditional backgrounds, by financially supporting minorities who want more education, and by placing minority employees in mainstream jobs where rapid promotion based on ability is customary. Many businesses are also helping minorities by buying some of their supplies from minority-owned small businesses.

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.

Costs: Short Run and Long Run


In the short run costs are fixed; in the long run they become variable. This is the fundamental difference between long run and short run. The distinction is a matter of degree. The longer the run contemplated, the greater the range of costs regarded as variable rather than fixed.

Consider a manufacturing firm. Toward the variable cost end are the expenses of inputs like electric power, supplies of material, and ordinary labor services; toward the fixed end are costs associated of supplies or breakdown of machinery calls for a very short, say an hour’s, reduction of output. Some electric power would be saved in the slowdown, and there would be reduced usage of materials, but little else could or would be changed. If output were to be cut back over a period as long as a day, some labor might also be laid off. Over a period like a month a large function of the labor force might be furloughed (their wages would become a variable cost), and perhaps some leased equipment like trucks would be dispensed with. Finally, for a permanent reduction in output the firm will sell off machinery and scale down its real-estate commitments.

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

Managing Cash and Liquidity


In a turbulent environment, cash returns are important, if not more important, than reported profit returns. Cash returns lead to liquidity, and liquidity is a top priority consideration whenever risks and uncertainties surround a business situation, as they do in so many cases today. Cash and liquidity put any company in a better position to withstand a surprise blow, adapt to sudden changes, and capitalize on the narrower windows of opportunity that are commonplace in a turbulent environment.

This doesn’t mean that profits and profit growth are not important. The whole purpose of any business enterprise is to maximize profits and profit growth, but this objective will  not be achieved if business unit managers do not focus more time and attention on managing their cash and liquidity. Any entrepreneur that has lived through a start-up knows the importance of cash and liquidity. The entrepreneur knows from experience that a business can go bankrupt even while it is reporting profits. But it will never go bankrupt as long as its cash and liquidity positions are strong. Most corporate executives understand this point also, but many do not follow through to make sure it is sufficiently stressed or understood at the operating level. This is where the problem lies. Most business unit managers who operate under a corporate umbrella tend to overlook the importance of managing their own cash and liquidity and look instead to the corporation as a never ending source of funds.

The results are apparent in most corporations. Capital expenditure proposals tend to be a “wish list” often justified on project volume gains or cost savings that never occur. Working capital is allowed to build without adequate regard for carrying costs on the cash commitment. In short, overinvestment in plant and equipment, and working capital often serves as a buffer to cover sloppy business practices and control. These are practices that inevitably lead to an investment base that is too big for the business and to marginal profit returns.

Many operating managers in a corporation are not even aware of the costs incurred while excess capital is tied up in the business. This is not an exaggeration. Just ask any four or five business unit managers how much it costs to carry their inventory. Most of them will acknowledge an interest cost of, say 7—8 percent, but few will recognize that total carrying costs, which include storage, taxes, obsolescence, and shrink, actually run closer to 30 percent in today’s environment. We would also bet that none of them have such charges against their earnings, even though it is a very legitimate cost of doing business.

Not every company operates this way. Most corporate executives are not tough minded or rigorous enough in challenging cash commitments, and most business unit managers have more cash tied up in their business than required.

Ideally, every manager should think like a small business entrepreneur with his or her own money at risk. If this were the case, we would not see so many companies with bloated balance sheets and marginal returns. Left on their own, most business unit managers do not think this way, however. Life is not easier when you can draw almost at will on coroprate resources to meet the payroll, build inventories, and buy supplies, tooling and a lot of equipment. Under such conditions you don’t have to worry very much about how to make ends meet.

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

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