Franchising is not for everyone. Explore these profitable alternatives to expand your business.


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Not every business can be franchise, you don't even have to. As the founder and operator of an exciting, new concept, it's hard not to envision opening a unit on every corner and becoming the future. Franchise millionaire. It is a common dream. At one time, numerous concepts claimed to be the next McDonald's of their industry.

And while franchising may be the right growth vehicle for someone with an established brand and proven concept they're ready for gROWTHthere are other options available for business owners who want to expand their concept to key locations before their competition does, but who don't want to go it alone for a variety of reasons. For example, they may not have resources or cash reserves to finance a franchise program (it is important to note that while franchising a business leverages the time and capital of others to open additional units, establishing a franchise system is certainly not a cost-free endeavor). Or they don't want the responsibilities and relationships of being a franchisor and would rather focus on running their core business, not a franchise system.

Connected: The pros and cons of franchising your business

But when you have eager customers looking to open a branded location just like yours in their neighborhood, it's hard to resist. You might be thinking: What if I don't jump on the deal and miss an opportunity that may never come again?

Your license intellectual property, such as your name, trademarks and trade dress, in exchange for a set fee or percentage of sales is one way to achieve this without having to go the somewhat more laborious and legally controlled route of franchising. Types of licensing agreements range from granting a license to allow another entity to manufacture or manufacture your products to allowing someone to use your logo and name for their business. Unlike a franchise, your partner in a licensing situation will only be allowed some predetermined rights to sell your products and services, not a comprehensive agreement to give them a turnkey business, complete with training and support, in exchange for established fees. A licensing agreement sets out the rights, responsibilities of each party and what they can and cannot do under the terms of the agreement. It is vital to have an attorney draft the documents, as well as consult with a trusted business advisor who has helped others along the way and can shorten your learning curve while protecting your rights. License agreements are governed by contract law as opposed to franchise laws. A word of caution, though: To make sure you're staying in your own lane and not crossing into franchisor territory, you'll want your advisors to detail what you can and can't do as a licensor.

For example, a License Agreement excludes you from involvement in the licensee's day-to-day business operations. While having no oversight may sound like a relief, it can be a double-edged sword, especially for people who are used to controlling every aspect of their products or services. You won't have to provide licensees with ongoing services, such as marketing materials and ongoing training, but this also means you have no control over how they run their business, product mix theirs or even how they decorate their space. If you are type A, this may be difficult for you.

Most people are more familiar with trademark licensing with a third party because these deals are huge in the sports and entertainment industry, where a celebrity lends their name to endorse a product, whether it's branded athletic apparel or trendy menu items food such as pizza, chicken or even gelato.

Using a celebrity cache attracts media attention that you might never get otherwise. But not everyone who comes up with a great concept or product has the recognition that would allow them to attract celebrity business partners or endorsements, and the rabid fan following.

There are other methods to get your products in front more CUSTOMERS. Some coffee concepts, including Caribou for example, have created market saturation by both franchising to traditional stores and licensing to non-traditional locations, such as airports, big box stores and college campuses. Others, on the other hand, such as Starbucks, use a combination of company-owned and licensed stores in high-traffic locations where a small kiosk can serve a high-density population of shoppers. And, of course, these brands' coffee blend bags and beans are also sold in retail locations such as grocery stores.

Connected: Startups need to protect their trademark. Here's how and why

But again, here's that cautionary note: If you go the licensing route for your products or services, be careful not to cross over into trying to direct how licensees do their business, from choosing locations to training employees.

While licensing or franchising can be valuable business growth tools for many brands, additional business structures that may be considered include:

  1. Company owned stores: Opening corporate locations using bank loans and/or profits from already opened units.
  2. Agencies or distributors: In a distributor relationship, products are purchased from a manufacturer and then sold through local dealers.
  3. Relations with the agency: These are similar to the relationships you would have with merchants, but in this case, an agent or representative of your company is selling your services to a third party. The important difference to remember so the relationship doesn't cross into franchise territory is that you, as the service provider, pay the agent (as an independent sales representative) rather than the agent collecting the money and paying you.
  4. Joint ventures: In this case, you, as the owner of the concept, will take on an operating partner who also invests his own funds in the business.. You will then both share the capital and profits in proportion to your investment.

The appropriate method to grow your business depends on several factors, including the type of concept, service or products; your risk aversion factor; your access to capital; where are you; and current market conditions. So if you choose another franchise opportunity, be aware that you don't slip into becoming a franchisee. Federal Trade Commission regulations define a franchise as meeting at least three standards: a common name, payment of fees and royalties paid to the company by the franchisee, and ongoing support and control of day-to-day operations by the franchisor.

Keep in mind that if you start with an expansion method, you may want to consider changing that structure with legal and professional guidance if your business needs a change in strategy. Case in point: some licensors will eventually convert licensees to franchisees under a newly created agreement and program if they see a need to change the fee structure and retain additional control over operations.

Slow growth can be detrimental to a business, but not choosing the right vehicle for that growth can be worse than standing still. That's why doing your homework—consulting professionals, such as attorneys, accounting and franchise advisors, and talking to others in the same boat as you—will save you from drifting too far ashore.



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