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Franchises Listed Alphabetically

Franchise Information December 4, 2014

franchise pod information

Franchises Listed Alphabetically Powered By Franchise POD

 

  • 10 til 2
  • 101 Mobility
  • 1-2-3 Fit
  • 123 Refills
  • 1-800-DryCarpet Carpet Cleaning
  • 1-800-DryClean
  • 1-800-Got-Junk?
  • 1-800-Radiator & A/C
  • 1-800-Water Damage
  • 1-888-WOW-1DAY! Painting
  • 16 Handles Frozen Yogurt
  • 1st Inspection Services Inc.
  • 2 Scoops Cafe
  • 24 Seven Vending Inc.
  • 32° a Yogurt Bar
  • 360Clean
  • 360 Painting
  • 4 Color Press
  • 5 & Diner
  • 7 Valleys Custom Blends Farm Fresh Tobacco
  • 7-Eleven Inc.
  • 9Round Fitness
  • A Better Solution
  • A & W Restaurants Inc.
  • A All Animal Control
  • A Grande Finale Franchise LLC
  • A.D. Banker & Company – Training Centers
  • A+ Nannies Inc.
  • A.T.C. Healthcare Services
  • A-1 Concrete Leveling Inc.
  • AA Cruises
  • AAMCO Transmissions Inc.
  • Aaron’s
  • AArrow Advertising
  • Abbott’s Frozen Custard
  • ABC Inc.
  • ABC Tutors In Home Tutoring
  • Abra Auto Body & Glass
  • Abrakadoodle
  • Absolute Best Care Nanny Agency
  • Accessible Home Health Care
  • Accountants International
  • AccuTrak Inventory Specialists
  • Ace DuraFlo Systems LLC
  • Ace Hardware
  • ACFN-The ATM Franchise Business
  • Acti-Kare
  • ActionCoach
  • Actor’s Garage
  • Adam & Eve Franchise Corp.
  • Advance Realty USA
  • Advanced Maintenance
  • AdvantaClean
  • Advantage Rent A Car
  • Adventure Kids Playcare
  • Adventure Pet
  • Adventures in Advertising
  • Advertising Consultants
  • AdviCoach
  • Ad-Visor Direct Mail
  • Aegin Place
  • Aero Colours Inc.
  • Aerowest/Westair Deodorizing Services
  • Affiliated Car Rental
  • Age Advantage Home Care Franchising Inc.
  • Aging Excellence
  • AIM Mail Centers
  • Aire Serv Heating & Air Conditioning Inc.
  • Aire-Master of America Inc.
  • Al & Ed’s Autosound
  • Alamo Drafthouse Cinema
  • All About Honeymoons
  • All American Pet Resorts
  • All American Specialty Restaurants Inc.
  • All County Property Management
  • All That Glitz Franchise Corp.
  • All Tune and Lube
  • All Tune Transmissions
  • Allegra Marketing-Print-Mail
  • Alliance Cost Containment LLC
  • Alliance Of Professionals & Consultants
  • AllOver Media
  • Alloy Wheel Repair
  • Aloha Hotels
  • AlphaGraphics Printshops Of The Future
  • Alta Mere Toys For Your Car
  • Altracolor Systems
  • Always Best Care Senior Services
  • Amato’s
  • Amazing Athletes Franchise Systems
  • Amazing Spaces
  • ASP – America’s Swimming Pool Co.
  • American Asphalt Sealcoating Co.
  • American Concrete Art Business Opportunity
  • American Leak Detection
  • American Male Salons
  • American Poolplayers Association
  • American Prosperity Group (APG)
  • American Recruiters
  • American Sign Shops
  • American Town Mailer
  • AmeriCare Homecare Franchise LTD.
  • America’s Best Inns & Suites
  • America’s Choice Real Estate
  • America’s Fleet Service
  • America’s Taco Shop
  • Americinn
  • AmeriSpec Home Inspection Services
  • Amplifon Hearing Aid Centers
  • ampm Mini Market
  • Amramp
  • Amsterdam Falafelshop
  • Anago Cleaning Systems
  • Andy OnCall
  • Angel Companions
  • Animal Control Management
  • Any Lab Test Now
  • Anytime Fitness
  • Apogee Recruiting Business Opportunity
  • Apple Seeds
  • Apple Spice Junction
  • Applegate Inc.
  • Apricot Lane
  • A-Pro Home Inspection Services
  • Arby’s
  • Archadeck
  • Area Pro Realty
  • AristoCare
  • Around Town Community Magazine
  • Around Town Mailer
  • AroundAbout Community Magazines
  • Art Van Furniture
  • Artuzzi’s Italian Kitchen
  • As Good As New Franchise Systems
  • Asian Chao/Maki of Japan/Chao Cajun
  • ASP Pool and Spa Co.
  • Assist 2 Auction LLC
  • Assist-2-Sell
  • Assisted Transition
  • Assisting Hands Home Care LLC
  • At-Heel Learning Centers LLC
  • ATC At Home
  • Athletic Nation Personal Training Gym
  • Athletic Republic
  • Athletic Revolution
  • Atir Natural Nail Care Clinic
  • Atlanta Bread Co. Int’l. Inc.
  • Atlantic City Sub Shops
  • Atlantic Pinstriping
  • Atlantic Windshield Repair
  • Atomic Wings
  • AtWork HelpingHands Services
  • AtWork Medical Services
  • AtWork Personnel Services
  • Auction It Today
  • Auntie Anne’s Hand-Rolled Soft Pretzels
  • Aussie Pet Mobile
  • Austin Grill Express
  • Auto Appraisal Network Inc.
  • Auto-Lab
  • Automatic Car Credit
  • AutoQual
  • Avalar Real Estate Mortgage Network
  • Avivo Brick Oven Pizzeria
  • AWC Commercial Window Coverings
  • Axxess
  • AZPCO Arizona Pizza Company
  • B Pothole FREE
  • B.Good Burgers
  • Babies ‘N’ Bells Inc.
  • Baby Boot Camp
  • Baby Power/Forever Kids
  • Bach To Rock
  • Back Yard Burgers
  • Bad Ass Coffee Co.
  • Bagger Dave’s Legendary Burger Tavern
  • Bahama Buck’s Original Shaved Ice
  • Baja Fresh Mexican Grill
  • Baja Sol Tortilla Grill
  • Baker Bros American Deli
  • BalanceD Wellness
  • Balloon Cafe Inc.
  • Bandana’s Bar-B-Q
  • Bar-B-Cutie
  • Barberitos Franchising Inc.
  • Bark Busters Home Dog Training
  • Bark N Bubbles
  • Bart’s Car Stores
  • Baskin-Robbins USA Co.
  • Bates Motor Home Rental Network Inc.
  • Bath Fitter
  • Batter Up Kids Culinary Center
  • Baymont Inn & Suites
  • B-Dry System Inc.
  • BD’s Mongolian Grill
  • BearCom Building Services
  • Beard Papa’s Sweets Cafe
  • Beauty Supply Outlet
  • BedBug Chasers
  • Beef ‘O’Brady’s
  • Bee Hive Homes
  • Beehive Co-op LLC
  • Bellacino’s Pizza & Grinders Inc.
  • Ben & Jerry’s
  • Benham Real Estate Group
  • Benjamin Franklin Plumbing
  • Bennigan’s
  • Berrybrook Farm Franchising Inc.
  • Best Coupon Book
  • Better Homes Realty Inc.
  • Better Life Maids
  • Between Rounds Bakery Sandwich Cafe
  • Bevinco Bar Systems Ltd.
  • BGR The Burger Joint
  • Big Al’s Steaks
  • Big Apple Bagels
  • Big Box Storage Franchising Inc.
  • Big Boy Restaurants Int’l.
  • Big O Tires LLC
  • Big Picture Framing
  • Big Smoke Burger
  • Biggby Coffee
  • Bijoux Terner
  • Bike Caffe
  • Billboard Connection Inc.
  • Bin There Dump That
  • Bingo Bugle Newspaper
  • Bio-One Crime Scene Cleaning
  • Birthflowers.com
  • Black Dawg Sealcoat
  • Blaze Pizza
  • Blendz Franchise System Inc.
  • Blimpie Subs & Salads
  • Blind Man of America
  • Bloop Frozen Yogurt
  • Blue Coast Savings Business Opportunity
  • Blue Collar Financial Group
  • Blue Dawg Powerwash
  • Blue Grace Logistics
  • Blue Sky Creamery
  • Boardwalk Fresh Burgers & Fries
  • BoConcept
  • Bojangles’ Famous Chicken ‘n Biscuits
  • Boneheads Grilled Fish & Piri Piri Chicken
  • Bonus Building Care
  • BookKeeping Express
  • BookSmarts
  • Booster Juice
  • Border Magic/Boulder Designs
  • Borvin Beverage Franchise Corp.
  • Boston Pizza
  • Bottle & Bottega
  • Bounce Party Entertainment Center
  • BounceU
  • Box Galaxy
  • Brake King
  • Bread Poets Franchising
  • Breadeaux Pizza
  • Breadsmith
  • Breeze Freeze
  • Brewster’s Chicken
  • Bricks 4 Kids
  • Bridge Business & Property Brokers
  • BrightStar Care
  • Brightway Insurance
  • Brilliant Sky Toys & Books
  • Brixx Wood Fired Pizza
  • Bruegger’s
  • Bruster’s Real Ice Cream
  • Buck’s Pizza
  • Buddy’s Home Furnishings
  • Budget Blinds
  • Budgetel Inns & Suites
  • Buff & Coat Hardwood Floor Renewal
  • Buffalo Philly’s
  • Buffalo Wild Wings
  • Buffalo Wing Factory & Pub
  • BuildingStars Inc.
  • Bull Chicks
  • BumperDoc
  • BungoBox
  • Burger 21
  • BurgerFi
  • Burger Hut Burgers
  • Burger King Corp.
  • Business Cards Tomorrow
  • Business Partner, One Stop Marketing
  • Business Round Table
  • Busy Bodies – Yo Yo Yoga
  • Butterfly Life
  • C & N Publishing
  • C2 Education Center
  • Cabinet Cures Inc.
  • Caboodle Cartridge
  • Cactus Car Wash
  • Cafe Ala Carte
  • Cafe Fondue Franchise Systems Inc.
  • Cafe2U
  • Caffino
  • California Closets
  • California Quivers
  • California Tortilla
  • Cambria Suites
  • Cambridge Suites
  • Camille’s Sidewalk Cafe
  • Camp Bow Wow/Home Buddies
  • Candlewick Homes
  • Candy Bouquet Int’l.
  • Canine Campus
  • Canine Dimensions
  • Capriotti’s Sandwich Shop
  • Captain Tony’s Pizza & Pasta Emporium
  • Car-X Auto Service Centers
  • Careers USA
  • CareMinders Home Care Inc.
  • CarePatrol
  • Caring Matters Home Care
  • Caring Senior Service
  • Caring Transitions
  • Carla’s Sandwiches & Burgers
  • Carl’s Jr. Restaurants
  • Carpet Network
  • CARSTAR
  • Cartex Limited
  • Cartoon Cuts
  • Cartridge Depot
  • Cartridge on Wheels
  • Cartridge Wiz
  • Cartridge World
  • Carvel
  • Case Handyman and Remodeling Services LLC
  • Case In Point
  • Cash Plus Inc.
  • Casino Tony Goes Restaurant
  • CATZ Sports Performance Centers
  • CD Tradepost
  • CD Warehouse
  • Cecil’s Texas Style Bar-B-Q
  • Cefiore
  • Cell Again
  • Cellairis
  • Cena
  • Central Bark Doggy Day Care
  • Century 21 Real Estate LLC
  • CEO Focus
  • CFO Today
  • CertaPro Painters Ltd.
  • Certified Restoration DryCleaning Network
  • CertiRestore
  • CFOToday Inc.
  • Champion Cheeseteaks Food Truck
  • Champion Clean
  • Champion Home Health Care
  • Charley’s Grilled Subs
  • Charter Fitness
  • Cheba Hut Toasted Subs
  • Checkers Drive-In Restaurants Inc.
  • Chedd’s Gourmet Grilled Cheese
  • Cheeburger Cheeburger
  • Cheeseboy Grilled Cheese To Go
  • CheeZies Pizza
  • Chem-Dry Carpet Drapery & Upholstery
  • Chemstation
  • Chester’s
  • Chicago’s Pizza Franchises
  • Chicken Delight
  • Children of America
  • Childrens Lighthouse
  • Children’s Orchard
  • Chill Bubble Tea
  • City Publications
  • CHIP – The Child I.D. Program
  • Chocolate Apothecary
  • Chocolate Chocolate Chocolate Company
  • Chocolate Graphics
  • Chocolate Martini Bar
  • Choice Hotels Int’l.
  • Choose Home
  • Christian Brothers Automotive Corp.
  • Christmas Decor
  • Church’s Chicken
  • Chyten Educational Services
  • Cianci European Eatery
  • CiCi’s Pizza
  • Cinnabon
  • Cinnzeo
  • Circle K
  • City Kitchen
  • City Looks
  • City Publications
  • City Wide Maintenance
  • City Wok
  • CKO Kickboxing
  • Clean Air Lawn Care
  • Clean First Time Inc.
  • CleanNet USA Inc.
  • ClearBra
  • Clix
  • Closet & Storage Concepts
  • Closet Tailors
  • Closets By Design
  • Clothes Mentor
  • Club Scientific
  • Club Tabby Franchise LLC
  • Club Z! In-Home Tutoring Services
  • CMIT Solutions Inc.
  • CoachMeFit
  • Cody’s Original Roadhouse
  • Coffee News
  • Coffee Perks
  • Coit Cleaning & Restoration Services
  • Colbert Ball Tax Service
  • Cold Stone Creamery
  • Coldwell Banker Real Estate LLC
  • College Assistance Plus LLC
  • College Hunks Hauling Junk
  • College Nannies & Tutors
  • Collision On Wheels
  • Color Me Mine
  • Color World Housepainting Inc.
  • ColorAll Technologies
  • ColorChef Custom Painters
  • Color-Glo Int’l. Inc.
  • Colors On Parade
  • ColorTyme
  • Comet Cleaners
  • ComForcare Senior Services Inc.
  • Comfort Keepers
  • Commercial Water & Energy
  • Commission Express
  • Companion Connection Senior Care
  • Complete Music
  • Complete Nutrition
  • CompuChild
  • Computer Explorers
  • Computer Medics of America Inc.
  • Computer Renaissance
  • ComputerTots
  • Computer Troubleshooters
  • Concerto Networks
  • Concrete Raising of America Inc.
  • Coney Beach
  • Conte’s Bicycle & Fitness Equipment
  • Contours Express
  • Cookie Advantage
  • Cookie Cutters, Hair Cuts for Kids
  • Cookie Factory Bakery
  • Cookies By Design/Cookie Bouquet
  • Cookies in Bloom
  • Cool Cuts 4 Kids
  • Cool Daddy’s
  • Corner Bakery Cafe
  • Corporate Caterers Franchise LLC
  • Cosi Restaurant
  • Cost Cutters Family Hair Care
  • Cottman Transmission Systems
  • Country Inns & Suites By Carlson
  • Country Place Living
  • Courtyard By Marriott
  • Cousins Subs
  • Coverall Health-Based Cleaning System
  • Cowboy Chicken
  • CPR-Cell Phone Repair
  • CRAL Franchise Development
  • Craters & Freighters
  • Creative Colors Int’l.
  • Creative Tutors
  • CrepeMaker
  • Crestcom Int’l. LLC
  • Critter Control Inc.
  • Crown Trophy Inc.
  • Cruise Holidays
  • Cruise Planners/American Express
  • CruiseOne Inc.
  • Crunch Fitness
  • Crye-Leike Franchises Inc.
  • Crystal Clear Window Works USA
  • Crystal Rose Franchise Inc.
  • Culligan Water Conditioning
  • Culver Franchising System Inc.
  • CUPS Frozen Yogurt
  • Currito, Burritos Without Borders
  • Curves
  • Cybertary
  • Dagwood’s Sandwich Shoppes
  • Dahn Yoga
  • Daily Grind Unwind Coffee House & Cafe
  • Dairy Queen
  • Dale Carnegie Training
  • D’Angelo Grilled Sandwiches
  • D’lites Ice Cream Business Opportunity
  • Daniel Ahart Tax Service
  • Daphne’s California Greek
  • Data Doctors
  • DataPreserve Franchise LLC
  • Days Inn
  • Dazbog Coffee
  • Debugit Computer Services
  • Deck Renewal Systems USA
  • Deck The Walls
  • Decor & You
  • Decorating Den Interiors
  • DEI Sales Training Systems Biz Opp
  • Denny’s Restaurants Inc.
  • Dent Doctor
  • Dental Support PlusDentize
  • DePalma’s Italian Cafe
  • DES StaffingDesert Moon-Fresh Mexican Grille
  • DetailXPerts
  • Dickey’s Barbecue Pit Restaurants
  • Didoughs Twisted Pretzel Co.
  • Diesel Truck FleetService
  • Digger’s Barbeque
  • DIGIKIDS
  • Dinners Done Right
  • Dino’s Gyros Franchise Co.
  • Dippin’ Dots Franchising
  • DirectBuild
  • DirectBuy Inc.
  • Dirty Dog Hauling
  • Disaster Kleenup Int’l. (DKI)
  • Discount Imaging
  • Discount Sport Nutrition
  • Discovery Map
  • Discovery Point Franchising Inc.
  • DNA Services Int’l. Inc.
  • Doc Green’s Gourmet Salads
  • Doctors Express
  • Dogs Love Running
  • Dogs Rule Resort
  • Dogtopia
  • Dollar Castle
  • Dollar Rent A Car Inc.
  • Dollar Store Services
  • Dolly’s Pizza Franchising Inc.
  • Dominic’s of New York/Johnnyboy’s
  • Domino’s Pizza LLC
  • Donatos Pizza
  • DONE In 1
  • DoodyCalls
  • Door-To-Door Dry Cleaning
  • Doorologist
  • DoubleDave’s Pizzaworks Systems Inc.
  • Doubletree
  • Doughboys Franchising LLC
  • Downtowner Inns & Suites
  • DQ Grill & Chill
  • Dr. Energy Saver
  • Dr. G’s Medical Weight Loss
  • Dr. Glass Window Washing
  • Dr. Vinyl & Associates Ltd.
  • Drama Kids Int’l. Inc.
  • Dream Dinners Inc.
  • DreamMaker Bath & Kitchen
  • Drive N Style
  • Dry Cleaning Station
  • Dry Cleaning To-Your-Door
  • Dry-B-Lo Int’l.
  • Dryclean USA
  • DryPatrol
  • Doubletree Hotels & Suites
  • Duct Doctor USA Inc.
  • Ductz Int’l. Inc.
  • Duke Sandwich Co.
  • Dunkin’ Donuts
  • Dunn Bros Coffee
  • Duraclean Int’l. Inc.
  • DVDNow Kiosks Business Opportunity
  • Dynamic Advisory Solutions
  • E.nopi
  • E.P.I.C. Systems Inc.
  • Eagle Tax
  • EagleRider Motorcycle Rental
  • EagleShotz
  • Earl of Sandwich
  • ease e-waste
  • East Coast Wings Corp.
  • East of Chicago Pizza Company
  • EasyChair Media LLC
  • EcoBox
  • EcoMaids
  • Econo Lodge
  • Econo Lube N Tune
  • Ecoroq USA Inc.
  • Ed & Joe’s Restaurant & Pizzeria
  • Edgemaster Mobile Sharpening
  • Edible Arrangements Int’l. Inc.
  • Edo Japan Inc.
  • Educational Outfitters
  • eflatfeerealty
  • Eggs Up Grill
  • Egismoz
  • Eighteen Eight Fine Men’s Salons
  • einSigns
  • Einstein Bros.
  • El Pollo Loco
  • Electronic Tax Filers
  • Elements Diet & Fitness
  • Elevation Burger
  • Eliza J
  • Elizabeth Grady
  • Ellianos Coffee Co.
  • Embassy Suites Hotels
  • EmbroidMe
  • eMed-ID
  • Energy Automation Systems Biz Opp
  • Engel Voelkers
  • Entrees Made Easy
  • Enviro-Master Services
  • Enviro Masters Lawn Care
  • Environix Inc.
  • EnviroSpect Inc.
  • Enviro-Tech Pest Services
  • Epcon Communities
  • Equipro Inc.
  • ERA Franchise Systems LLC
  • Erbert & Gerbert’s Sandwich Shop
  • Erik’s DeliCafe Franchises Inc.
  • eShipping
  • Estate Group
  • Estrada Strategies Franchise Inc.
  • European Wax Center
  • Evos
  • Executive Business Maintenance Franchise
  • Executive Tans
  • Exovations
  • Expedia CruiseShipCenters
  • Expense Reduction Analysts Inc.
  • Expense Reduction Consulting
  • Expetec
  • Express Employment Professionals
  • Express Mart Franchising Corp.
  • Express Oil Change
  • ExpressTax
  • Extra Innings
  • Extreme Pita
  • Extreme Pizza
  • Eyeris TV
  • EYESthere Inc.
  • EZ Pro Delivery Service
  • Fabrion Professional Repair Systems
  • Facelogic
  • Fairfield Inn & Suites
  • Fairway Divorce Solutions
  • Family Care Homes
  • Family Financial Centers
  • Famous Dave’s
  • Famous Famiglia
  • Famous Sam’s Inc.
  • Fancy Art, N.F.P.
  • Fantastic Sams Hair Salons
  • Farmer Boys
  • Farr’s Fresh Ice Cream Cafe
  • Fast Wrap USA
  • FastBucks Franchise Corp.
  • Fast-Fix Jewelry & Watch Repairs
  • Fastframe USA Inc.
  • FasTracKids Int’l. Ltd.
  • FastSigns Int’l. Inc.
  • Fast-teks On-site Computer Services
  • Fatburger Restaurants
  • Fazoli’s
  • FD & MG Franchise Company Inc.
  • FedUSA Franchising Group Inc.
  • Fetal Fotos
  • Fetch! Pet Care Inc.
  • Fibrenew
  • Fiesta Insurance
  • Figaro’s Pizza
  • Fiji Yogurt
  • Filta
  • Firehouse Subs
  • Fireman’s Contractors
  • Firespring
  • Firestorm 24/7 LLC
  • First Choice Business Brokers
  • First Choice Haircutters
  • FirstLight HomeCare
  • Fish Window Cleaning Services
  • Fit Body Boot Camp
  • Fit Zone For Women
  • Fitness Revolution
  • Fitwize 4 Kids
  • Five Star Painting
  • FixRim Mobile Wheel Repair
  • Flat Rate Realty
  • Flawless Painting
  • Fleet Feet Sports
  • Flicko’s
  • Flip Flop Shops
  • Flippers Pizzeria
  • Flippin’ Pizza
  • Floods4Less Disaster Restoration
  • Floor Coverings International
  • Floor Hero
  • Flower Tent
  • Flowerama of America
  • FocalPoint Business Coaching
  • Foliage Design Systems
  • Foot Solutions Inc.
  • F-o-r-t-u-n-e Personnel Consultants
  • Foster’s Grille
  • Four Seasons Sunrooms
  • Fox’s Pizza Den
  • Frames N Panes
  • FranchiseInc!
  • FranchiseMart
  • Franktitude
  • Freddy’s Frozen Custard & Steakburgers
  • Freedom Boat Club
  • Freedom Lawns
  • Fresh City
  • Fresh Coat Painters
  • Fresh Healthy Vending
  • FreshBerry Frozen Yogurt Cafe
  • Freshii Development LLC
  • Friendly Computers
  • Friendly’s Restaurants Franchise LLC
  • Froots
  • Frozen Ropes Training Centers
  • Frozenyo Frozen Yogurt
  • FRSTeam
  • FruitFlowers/Incredibly Edible Delites
  • Frullati Cafe & Bakery
  • Fruti Franchise
  • Fuddruckers
  • Fun Bus Fitness Fun on Wheels
  • Furniture Medic
  • Fuzziwig’s Candy Factory Inc.
  • Game On
  • Games2U Franchising LLC
  • Games On The Go
  • GameTruck
  • Gamin’ Ride
  • Garage Floor Coating.com
  • GarageTek
  • Garbanzo Mediterranean Grill
  • Garlic Jim’s Famous Gourmet Pizza
  • Gateway Cigar Store/Newstands
  • Gatti’s Pizza
  • Geeks On Call America
  • Gemini Tub Repair
  • Genghis Grill-The Mongolian Stir Fry
  • Get & Go Express Inc.
  • Get A Grip
  • Get In Shape For Women
  • GeoWash Franchise
  • Gigglebytes
  • Gigi’s Cupcakes LLC
  • Gimme Sum Fresh Asian Grill
  • Glamour Secrets
  • Glamour Shots
  • Glass Doctor
  • Glass Mechanix
  • Global Recruiters Network Inc.
  • Gloria Jean’s Coffees
  • GNC Nutrition Centers Franchising
  • GoCar GPS-Guided Tours
  • Goddard School
  • Goin’ Postal
  • Golden Chick
  • Golden Corral Franchising Systems Inc.
  • Golden Heart Senior Care
  • Golden Krust Franchising Inc.
  • Golden Spoon Frozen Yogurt
  • Gold’s Gym
  • Golf Etc. of America
  • Golf USA Inc.
  • GolfTEC
  • Good Earth Coffee House & Bakery
  • Good Feet Worldwide LLC
  • Good Times Burgers & Frozen Custard
  • Gotcha Covered
  • GourMade Franchise
  • GoWaiter
  • Graphix Stop
  • Grampa’s Catfish House
  • Granite Transformations
  • Grease Monkey Franchising LLC
  • Great American Cookies
  • Great Clips
  • Great Harvest Franchising Inc.
  • Great Minds Tutoring
  • Great Wraps
  • Grecian Gyro
  • Green Mill Restaurants
  • Griffin Waste Services
  • Griswold Special Care
  • Groucho’s Deli
  • Ground Round Grill And Bar
  • Grout Doctor
  • Grout Wizard
  • Growing Room
  • Guard-A-Kid
  • Guava Healthcare Inc.
  • Guesthouse International
  • Guier Fence
  • Guinness Museums
  • Gumball Gourmet
  • Gymboree Play & Music
  • Gyu-Kaku Japanese BBQ Restaurant
  • H & R Block
  • Hair Club
  • Hair Saloon For Men
  • Halstrom High School
  • Hamburger Mary’s Bar & Grille
  • Hampton Inn/Hampton Inn & Suites
  • Hand and Stone Massage and Facial Spa
  • Handle With Care Packaging Store
  • Handyman Connection
  • Handyman Matters 
  • Handyman-Network
  • HandyPro Handyman Services
  • Hannoush Jewelers
  • Happy & Healthy Products Inc.
  • Happy Joe’s
  • Happy’s Pizza
  • Hardee’s
  • Have Signs Will Travel
  • Hawaiian Experience Spa
  • Hawaii’s Java Kai
  • Hawkeye’s Home Sitters
  • Hawthorn Suites by Wyndham
  • Hayes Handpiece Franchises Inc.
  • Head Over Heels Franchise System Inc.
  • HealthSource Chiropractic and Progressive Rehab
  • Help-U-Sell Real Estate
  • Healthy Inspirations IFP Inc.
  • Healthy Times Newspaper
  • Heaven’s Best Carpet & Upholstery Cleaning
  • Heidi’s Brooklyn Deli
  • Help-U-Sell Real Estate
  • HerLife Magazine Business Opportunity
  • Hester Painting & Decorating
  • Hey Buddy! Pet Supply Vending Company
  • High Touch-High Tech
  • Highway 55 Burgers, Shakes & Fries
  • Hilton Garden Inn
  • Hilton Hotels and Resorts
  • Ho Math & Chess Learning Centre
  • HobbyTown USA
  • Hollywood Tans
  • Home Care Assistance
  • Home Cleaning Centers of America
  • Home Health Mates
  • Home Helpers/Direct Link
  • Home Instead Senior Care
  • Home Video Studio
  • HomeFixology
  • HomeKeepers International
  • Homes & Land Magazine
  • HomeSafe Inspection Inc.
  • HomeStory Doors & More
  • Hometown Threads
  • HometownTimes
  • HomeVestors of America
  • Homewatch CareGivers
  • HomeWell Senior Care
  • Homewood Suites by Hilton
  • Honest-1 Auto Care
  • Honey Dew Donuts
  • Hood Cleaners of America
  • Hoodz
  • Hooters
  • Hope Chest for Breast Cancer
  • Hospitality Int’l. Inc.
  • Hot Stuff Foods LLC
  • Houlihan’s
  • Hound Mounds
  • House Call Auto Mechanics
  • House Doctors
  • House of Bread Bakery Cafe
  • HouseMaster Home Inspections
  • HouseWall Garage System
  • Housewarmers
  • HouseWatch U.S.
  • How Do You Roll?
  • Howard Johnson
  • HQ Gastropub & Burgers
  • Huddle House
  • HuHot Mongolian Grill
  • Hungry Heart Franchise LLC
  • Hungry Howie’s Pizza & Subs
  • Hunt Brothers Pizza Business Opportunity
  • Hunting Lease Network
  • Huntington Learning Centers
  • Huntington School Services
  • Hurricane Grill & Wings
  • Hut no. 8
  • Hydro Physics Pipe Inspection Corp.
  • HydroDog Mobile Pet Grooming
  • Hypoxi America Business Opportunity
  • HyTech Weight Loss
  • I9 Sports
  • IAF Beverage LLC
  • Ice Cold Auto Air
  • Ideal Image
  • Ident-A-Kid Services of America
  • Ikor USA Inc.
  • IM=X Pilates Studio
  • Image First Healthcare Laundry Specialists
  • Image Sun Tanning Centers
  • Images 4 Kids
  • Impressions On The Go LLC
  • Imprint In Time
  • IMS Internet Marketing Specialists
  • In Home Pet Services
  • In View Golf
  • In2It Nutrition & Fitness
  • Indigo Joe’s Sports Pub & Restaurant
  • Indigos Fruit Smoothies
  • Indy Lube
  • InfantHouse
  • Ink Solution & Postal
  • InkTone
  • Inner Circle Int’l. Ltd.
  • InShapeMD Weight Loss
  • Insomnia Cookies Franchising LLC
  • Inspect-It 1st LLC
  • Instant Imprints
  • Instant Tax Service
  • Intelligent Office
  • IntelliTurf
  • InterContinental Hotels Group
  • Interface Financial Corp.
  • Interim Healthcare
  • Interior Magic Int’l.
  • Interquest Detection Canines
  • Interstate All Battery Center
  • Invite Systems
  • Inxpress
  • IronDrive Quality Garage Floor Coatings
  • IslandTime Treasures
  • ITA Franchising Inc.
  • Italian Joe’s
  • iTan Franchising Inc.
  • It’s A Grind Coffee House
  • It’s Just Lunch Int’l. LLC
  • Izzo’s Illegal Burrito
  • J Dog Junk Removal
  • J.D. Byrider
  • J.W. Marriott Hotels & Resorts
  • Jackson Hewitt Tax Service
  • Jake’s Uptown Burgers
  • Jamba Juice
  • Janbury
  • Jani-King
  • Janilink
  • Jan-Pro Franchising Int’l. Inc.
  • Jantize America
  • Java Detour
  • Jazzercise Inc.
  • JEI Self-Learning Centers
  • Jellystone Park
  • Jenny Craig
  • Jerk Q’zine Caribbean Grille
  • Jerry’s Curb Service
  • Jerry’s Subs & Pizza
  • Jersey Mike’s Subs
  • Jet-Black Int’l. Inc.
  • Jet’s Pizza
  • Jiffy Lube Int’l. Inc.
  • Jimano’s Pizzeria
  • Jimmy John’s Gourmet Sandwich Shops
  • Jo To Go Coffee
  • Jody Maroni’s Sausage Kingdom
  • Joey’s Only Seafood Restaurant
  • John Casablancas Modeling & Career Centers
  • Johnnie’s Pizza
  • Johnny Rockets
  • Johnston Tate Wealth Advisory Group
  • Jon’Ric International Spas
  • Juice It Up Frozen Yogurt
  • Juice It Up!
  • Juiceblendz Int’l. Inc.
  • Jump ‘n Play Gym
  • JumpBunch
  • Jumping J-Jays Inflatable Amusements
  • Junk Genius
  • Junk King
  • Just Between Friends Franchise Systems Inc.
  • Just Dogs! Gourmet
  • Just Fresh Franchise Systems Inc.
  • Just Tattoo Removal
  • Just-A-Buck
  • Justix Franchising Company LLC
  • K-9 Resorts
  • Kampgrounds of America KOA
  • Kazoo & Company Toys
  • KCS Applications Inc.
  • Keller Williams Realty
  • Kennedy Transmission & Auto Repair
  • Kennedy’s All-American Barber Club
  • Kennelwood Pet Resorts
  • KEO Asian Cuisine
  • Kettleman’s Bagel Corp.
  • Key West Inns
  • Keylingo Translations
  • KFC Corp.
  • Kid to Kid
  • Kid’s Closet Connection
  • Kiddie Academy
  • Kidokinetics
  • Kidproof USA Franchise LLC
  • Kids At Heart
  • KidStage
  • Kidville
  • Kidz On The Go
  • KidzArt / Art Innovators
  • Kidzone
  • Kilwin’s Chocolates Franchise
  • Kinderdance Int’l. Inc.
  • Kitchen Solvers LLC
  • Kitchen Tune-Up
  • KLA Schools
  • Knights Inn
  • Knockouts-Haircuts for Men
  • KnowledgePoints Inc.
  • Knuckleheads Gym
  • Koko FitClub
  • Kolache Factory
  • Kona Ice
  • Krystal Restaurants
  • Kumon Math & Reading Centers
  • Kwik Kopy Business Centers Inc.
  • L & W Investigations
  • L&L Franchise Inc.
  • LA Boxing
  • La Paletera Franchise Systems Inc.
  • La Quinta Inns & Suites
  • La Salsa Fresh Mexican Grill
  • LA Weight Loss Centers
  • Labor Finders
  • Lady of America Franchise Corp.
  • LaMar’s Donuts
  • Language Leaders Franchising LLC
  • Lantis Fireworks & Lasers
  • Lapels
  • LaptopXchange
  • LaRosa’s Pizzeria
  • Larry’s Giant Subs
  • Laund-UR-Mutt
  • Lavida Massage
  • Lawn Doctor
  • LazerQuick
  • Leadership Management International Inc.
  • Learning Express
  • LearningRx
  • Lease One Business Opportunity
  • Leather Medic
  • Ledo Pizza System Inc.
  • Lee Miles Transmissions
  • Legacy Academy for Children
  • Lenny’s Sub Shop
  • Lentz U.S.A. Service Centers
  • Let’s Eat!
  • Liberty Tax Service
  • Liberty Weight Loss
  • Lighthouse Landscape Lighting
  • LightSpa
  • Lil’ Angels Photography
  • Lil’ Pals Pet Photography
  • Lime Fresh Mexican Grill
  • Line-X Franchise Development Co.
  • Link Staffing
  • Liquid Capital
  • Listo Tax Solutions
  • Lite For Life
  • Little Amigos
  • Little City Kids
  • Little Greek Restaurant
  • Little Scoops
  • Livhome
  • Living Well Magazine
  • Lloyd Staffing
  • Local Copies Etc.
  • Locos Grill & Pub
  • Logan Farms Honey Glazed Hams
  • Logocrete Systems LLC
  • Long John Silver’s Restaurants Inc.
  • Lovin’ Spoons Frozen Yogurt
  • LTS LeaderBoard Business Opportunity
  • LubePro’s International
  • Lucille Roberts Fitness Express
  • Lush Lawn Lawn Care
  • Luxury Bath Systems
  • M & M Meat Shops
  • Maaco Franchising Inc.
  • MaggieMoo’s
  • Magicuts
  • Magnetsigns Advertising Inc.
  • Maid Brigade
  • Maid To Perfection
  • Maid to Sparkle Inc.
  • MaidPro
  • Mail Boxes Etc.
  • MailPost
  • Maintenance Made Simple
  • Make and Take Gourmet
  • Male Care
  • Mama Fu’s Asian House
  • Manchu Wok
  • Manny & Olga’s Pizza
  • Manny’s Neighborhood Grill
  • Manufacturing Management Ass.
  • Marad Fine Art
  • Marble Slab Creamery
  • MarbleLife
  • Marco’s Pizza Franchising LLC
  • Margaritas Mexican Restaurant
  • MarkCo Print & Copy
  • Marriott Conference Centers
  • Mars Venus Success Coaching
  • Martinizing Dry Cleaning
  • Mary Ann Donuts
  • Masala Bowl Indian Cafe
  • Massage Envy
  • Massage Heights
  • Massaggiano The Massage Spa
  • Master Hosts Inn
  • Matco Tools
  • Math Monkey Knowledge Centers
  • Mathnasium Learning Centers
  • Mattress Firm
  • Maui Wowi Hawaiian Coffees & Smoothies
  • Max & Erma’s Restaurants Inc.
  • Max Muscle Sports Nutrition
  • McAlister’s Deli
  • McDonald’s
  • McGhin’s Southern Pit Bar-B-Que
  • McGruff Safe Kids Total Identification System
  • Medicine Shoppe Int’l. Inc.
  • Medi-Weightloss Franchising
  • MedOffice Systems
  • Meineke Car Care Centers
  • Mellow Mushroom
  • Melt Cafe & Gelato Bar
  • Menchie’s
  • Merle Norman Cosmetics
  • Merlin 200,000 Mile Shops
  • Merry Maids
  • Metal Supermarkets Int’l.
  • Miami Rice Pudding Co.
  • Michelle Lea Massage Therapy Inc.
  • Microtel Inns & Suites
  • Midas
  • Mighty Distrib. System of America
  • Milex Complete Auto Care
  • Milio’s Sandwiches
  • Milky Moo’s Homemade Ice Cream Shoppe
  • Million Snacks
  • Mini Cities Inc.
  • Mint Condition Franchising Inc.
  • Minuteman Press Int’l. Inc.
  • Miracle Auto Painting Inc.
  • Miracle Method Surface Restoration
  • Miracle-Ear Inc.
  • Mister Bar-B-Que
  • Mister Sparky
  • Mister Transmission Int’l. Ltd.
  • MixStirs
  • Mobile Dog Wash & Grooming Service
  • Mobile Gaming Revolution
  • Mobix Car Care
  • Mocha Delites
  • Modernistic Cleaning Services
  • Moe’s Southwest Grill
  • Molly Maid
  • Mom Corps
  • Monart School of the Arts
  • Money Mailer Franchise Corp.
  • MonitorClosely.com
  • Monkey Bar Storage Business Opportunity
  • Monkey Bizness & Little Monkey Bizness
  • Monkey Joe’s Parties & Play
  • Monster Mini Golf
  • Monster Tree Service
  • Monthly Coupons
  • Mooyah Burgers Fries & Shakes
  • More Space Place
  • Mosquito Shield
  • Mosquito Squad
  • Mosquito Terminators
  • MosquitoNix Business Opportunity
  • Motel 6
  • Motion Golf
  • MotoPhoto
  • Mountain Comfort Furnishings
  • Mountain Mudd Espresso
  • Move It Now
  • Moving Solutions Franchise LLC
  • Mr. Appliance
  • Mr. Electric
  • Mr. Goodcents Franchise Systems Inc.
  • Mr. Handyman Int’l. LLC
  • Mr. Hero Restaurants
  • Mr. Jim’s Pizza
  • Mr. Motor
  • Mr. Payroll Corp.
  • Mr. Pickle’s Sandwich Shop
  • Mr. Plant
  • Mr. Rooter
  • Mr. Sandless
  • Mr. Smoothie
  • Mr. Transmission/Transmission USA
  • MRI Network
  • MTOclean Inc.
  • Murphy Business & Financial Corp.
  • Muscle Maker Grill
  • Music Go Round
  • Mustard Cafe
  • My Culture
  • My Friend’s Place
  • My Gym Children’s Fitness Center
  • My Home Renter LLC
  • My Massage People
  • My Personal Trainer
  • MyGreenHome Maids
  • MyLoopCard
  • MyWay Mobile Storage
  • N Time Family Salons
  • N8 Touch Inc.
  • Nanny Poppinz
  • Naples Tomato Franchising LLC
  • NASCAR RV Resorts
  • Nathan’s Famous Inc.
  • National Property Inspections Inc.
  • National Restaurant Properties
  • National Water Surveying
  • Nationwide Floor & Window Coverings
  • Nationwide Lifts Inc.
  • Native New Yorker
  • NaturaLawn of America Inc.
  • Naturell
  • Nature’s Pet Market
  • Nature’s Table Cafe
  • Nature’s Way Cafe
  • NaturZone Pest Control
  • Navis Pack & Ship
  • Nerd Force
  • Nerds To Go
  • Nerds We Can Fix That
  • Nestle Toll House Cafe by Chip
  • New England Hot Dog Company
  • New Horizons Computer Learning Centers
  • New York NY Fresh Deli
  • Newcomers Welcome Service
  • Newk’s Express Café
  • Nexgym
  • Next Generation Realty
  • Nextaff
  • Nextwave Computers
  • N-Hance
  • Nick-N-Willy’s Pizza
  • Nightlife Empire
  • Nite Time Decor Inc.
  • NiteLites Outdoor Lighting
  • Nitro Fitness for Men
  • Nothing But Noodles
  • Novus Auto Glass
  • Nrgize Lifestyle Cafe
  • Nu-Look 1 Hr. Cleaners
  • Nutri-Lawn
  • NYLO Inns
  • NYPD Pizza
  • OctoClean Franchising Systems
  • Odd Job Bob
  • Odyssey Art Centers
  • Off The Grill Franchising LLC
  • Office Pride Commercial Cleaning
  • Oil Butler Int’l. Corp.
  • Oil Can Henry’s
  • Oilstop-Drive Thru Oil Change Centers
  • OinkADoodleMoo Smoky BBQ
  • OK Can Cleaning
  • OMEX – Office Maintenance Experts
  • On Deck Services
  • On Target Maintenance
  • On the Go Spa/On the Go Zen
  • On Track Power Window Repair
  • O’Naturals
  • Once Upon A Child
  • One Hour Heating & Air
  • One Hour Parties
  • One Stop Parts Source
  • One2One BodyScapes
  • OneCoach Int’l. LLC
  • Online Trading Academy
  • Oogles n Googles
  • Open2View.com
  • OpenWorks
  • Orange Julius of America
  • Orange Leaf Frozen Yogurt
  • Oreck Clean Home Center
  • OsteoStrong
  • Otter’s Chicken Tenders
  • Our Town America
  • Our365 Newborn Photography
  • Out-U-Go
  • Outdoor Connection
  • Outdoor Lighting Perspectives
  • Owens Corning Basement Finishing System
  • Owens Corning SunSuites Sunroom
  • Oxford Learning Centers Inc.
  • Oxi Fresh Carpet Cleaning
  • Oxxo Care Cleaners
  • P.B.Loco Peanutbutterlicious Cafes
  • Paciugo Gelato & Caffe
  • Padgett Business Services
  • Paint Bull Business Opportunity
  • Painting With A Twist
  • Pak Mail
  • Palm Beach Puppies
  • Palm Beach Tan
  • Panchero’s Mexican Grill
  • Papa Gino’s Pizzeria
  • Papa John’s Int’l. Inc.
  • Papa Murphy’s Take N Bake Pizza
  • Paramount Home Beauty
  • Parcel Plus
  • Parisi Speed School
  • Park Inn by Radisson
  • Park Plaza Hotels and Resorts
  • Parker Finch Management
  • Parmasters Golf Training Centers Inc.
  • Parrot Pizza
  • Party America
  • Party for a Living
  • Party Land Inc.
  • Party Personnel Franchise Systems
  • PASS Packaging & Shipping Biz Opp
  • Passport Health Inc.
  • Passport Inn
  • Pathetic Medic
  • Paul Davis Restoration & Emergency Services
  • Paul Revere’s Pizza
  • PawSpa Resort
  • Payless Car Rental System Inc.
  • Payless Car Sales Inc.
  • PC Kidz
  • PD Go Web Solutions
  • Pearle Vision Centers
  • Pee Wee Workout
  • Penn Station East Coast Subs
  • Pepe’s Mexican Restaurants
  • Perkins Restaurant & Bakery
  • Perma-Glaze
  • Personal Best Karate
  • Personal Training Institute
  • PersoNet LLC
  • Pestmaster Services
  • Pet Butler
  • Pet Depot
  • Pet Supplies Plus
  • Peter Piper Pizza
  • Petland
  • Pets Are Inn
  • Phenix Salon Suites Franchising LLC
  • Pick Ups Plus
  • Philly Connection
  • Philly Pretzel Factory
  • Philly’s Best
  • PHWS Int’l.
  • Pickles & Ice Cream Franchising Inc.
  • Picnic People
  • Pigtails & Crewcuts
  • Pillar To Post Inspection Services
  • Pinpoint Local
  • PIP Printing & Marketing Services
  • Pirtek USA
  • Pita Pit Inc.
  • Pita’s Republic
  • Pizza Factory Inc.
  • Pizza Fusion
  • Pizza Hut Inc.
  • Pizza Inn
  • Pizza Pizza
  • Pizza Ranch
  • Pizza Schmizza
  • PJ’s Coffee of New Orleans
  • Plan Ahead Events
  • Planet Beach Franchising Corp.
  • Planet Fitness
  • Planet Smoothie
  • Platoon Fitness
  • Plato’s Closet
  • Play It Again Sports
  • Play N Trade
  • PMA Franchise Systems
  • Po’ Boys Creole Cafe
  • POD Digital Promotions Business Opportunity
  • PODS Portable On Demand Storage
  • Pollo Tropical Chicken On The Grill
  • Pop-A-Lock Franchise System
  • Popcornopolis
  • Popeyes Louisiana Kitchen
  • Port City Java
  • Port Of Subs
  • PortraitEFX Photography
  • Positive Changes Hypnosis Centers
  • Positive Proof
  • Postal Annex+
  • Postal Connections of America
  • PostNet Neighborhood Business Centers
  • Pounds and Inches Away
  • Power Hydrodynamics Inc.
  • Power Pizzeria
  • Precision Concrete Cutting
  • Precision Door Service
  • Precision Tune Auto Care
  • Preferred Care at Home
  • Premier Jewelry Exchange
  • PremierGarage
  • Premium Painters
  • Preppy Pet Suites
  • Pressed4Time Inc.
  • Pretzelmaker/Pretzel Time
  • Pretzels Plus Inc.
  • Priceless Rent-A-Car
  • PrideStaff
  • Primary Dentist
  • Primary Pain Relief
  • Prime Group of Pubs
  • Prime Time Boxing
  • Primrose School Franchising Co.
  • Printwear Xpress
  • Pro Energy Consultants
  • Pro Feed Pet Nutrition Center
  • Pro Golf Int’l. Inc.
  • Pro Image Franchise LC
  • Pro One Janitorial Inc.
  • Pro-Cuts
  • Professional Carpet Systems
  • Professional House Doctors Inc.
  • Profit-Tell Int’l.
  • Profit Maxers
  • Proforma
  • ProntoWash
  • Property Damage Appraisers
  • Property Management Inc.
  • ProShred Security
  • ProSource Wholesale Floorcoverings
  • Protect Painters
  • Protingent Staffing
  • Protocol LLC
  • PRstore LLC
  • PSquared
  • Pudgie’s Famous Chicken
  • Pump It Up
  • Pure Heart Home Care
  • Purified Water To Go
  • PuroClean
  • Qdoba Mexican Grill
  • Quaker Steak & Lube
  • Quality Inns & Suites
  • Quality Tune Up Shops
  • QuickChange
  • Quiznos Sub
  • R.J. Gator’s Florida Sea Grill & Bar
  • Racing Limos
  • RadioShack
  • Radisson
  • Rainbow Academy
  • Rainbow Int’l. Restoration & Cleaning
  • Rainbow Station Inc.
  • Raising Cane’s Chicken Fingers
  • Ramada
  • Ranch 1 Grilled Chicken
  • Rapid Refill Ink
  • Rapid Recovery Refrigerant Abatement  Experts
  • RE/MAX
  • Reading Friends Franchise Co.
  • Ready Decks Franchise Systems Inc.
  • Real Estate One
  • Real Living Real Estate LLC
  • Realty Direct Franchise Corp.
  • Realty Executives Int’l. Inc.
  • Realty World Inc.
  • Re-Bath LLC
  • ReCeil It Ceiling Restoration
  • Recognition Express
  • Recruit
  • Red Carpet Inn
  • Red Carpet Real Estate
  • Red Lion Hotels & Inns
  • Red Mango Franchising Co.
  • Red Rock Resurfacing
  • Red Roof Inns
  • RedBrick Pizza
  • Referral Institute LLC
  • Reflection of U
  • Regency Senior Care
  • Reginelli’s Pizzeria
  • Relay Express
  • Relax The Back Corp.
  • RelaxOasis
  • ReliaKeep
  • Remax
  • Remedy Intelligent Staffing
  • Remerica Real Estate
  • Remote Control Hobbies
  • Renaissance Executive Forums Inc.
  • Rent-A-Wreck
  • Rent-n-Roll
  • Rent Your Boxes
  • Realogy Franchise Group
  • Repicci’s Italian Ice
  • Rescuecom
  • Residence Inn By Marriott
  • Resort Maps
  • Restoration1
  • Results! Travel
  • Retro Fitness
  • Rezcity.com Plus
  • Rhea Lana’s Children’s Consignment
  • Rib Crib Barbecue
  • Rich Dad’s Franchise
  • Ricky’s Candy, Cones & Chaos
  • Ricky’s Italian Ice
  • Right at Home Inc.
  • RimTyme
  • Ripley’s Believe It or Not!
  • Rising Roll
  • Rita’s Italian Ice
  • Ritter’s Frozen Custard
  • RNR Custom Wheels & Tires
  • Robeks Premium Fruit Smoothies
  • Rocket Fizz Soda Pop & Candy Shops
  • Rockin Baja Lobster
  • Rockn’ Joe Coffeehouse & Bistro
  • Rocky Mountain Chocolate Factory
  • Rodeway Inns
  • Rollerz
  • Romp n’ Roll Franchise Development LLC
  • Roni Deutch Tax Center
  • Ronzio Pizza
  • Roosters Men’s Grooming Centers
  • Rooter-Man
  • Rosati’s Authentic Chicago Pizza
  • Rosevine Winery
  • Rotelli Pizza & Pasta Inc.
  • Roto-Static
  • Roy Rogers
  • Royal Restrooms
  • RSVP Publications
  • Ruffin’s Pet Centres Inc.
  • Rug Decor
  • Russell Watergardens
  • Russo’s New York Pizzeria
  • Safe Ship
  • Safety Watch Inc.
  • Saf-T Auto Centers
  • Saint Cinnamon Bakery Ltd.
  • Salad Creations
  • Saladworks
  • Salsarita’s Fresh Cantina
  • Samurai Sam’s Teriyaki Grill
  • San Francisco Bread Co.
  • San Francisco Oven
  • San Francisco Style Sourdough Eatery
  • Sandals Realty
  • Sandella’s Flatbread Cafe
  • SandFree Inc.
  • Sandler Training
  • Sanford Rose Associates
  • Santorini Island Grill
  • Sarah Adult Day Services Inc.
  • Sareen & Associates
  • Sarku Japan
  • Sauca Food Truck
  • Save It Now!
  • Savoia T’Go Franchise LLC
  • Sbarro Fresh Italian Cooking
  • SBF Payroll
  • Scales ‘N Tails
  • Scandinavian Shave Ice
  • Schakolad Chocolate Factory
  • Schlotzsky’s
  • School of Rock
  • Scooter’s Coffeehouse
  • Scottish Inns
  • Scotts Lawn Service
  • Scrambler Marie’s Breakfast Bistro
  • Sea Tow Services Int’l.
  • SealMaster
  • SearchPath Int’l. Inc.
  • Sears Home & Business Franchises Inc.
  • Secure Eco Shred
  • Security 101
  • Seek
  • Seekers Coffee House & Cafe
  • SeekingSitters
  • Select Magazine
  • SelectAds Direct
  • Sell4Free Real Estate Systems Inc.
  • SellSmart Real Estate
  • Senior Helpers
  • Senior Link America Business Opportunity
  • Senior Magazine Inc.
  • Seniors Helping Seniors
  • Senior Home Care by Angels
  • Senior Link America Business Opportunity
  • Sensible Car Rental
  • Service One Janitorial
  • Service Team of Professionals Inc.
  • ServiceMaster Clean
  • Services Select
  • Servpro
  • Settle Inn
  • SGO Designer Glass
  • Shake’s Frozen Custard
  • Shakey’s Pizza Parlor
  • Shane’s Rib Shack
  • Shape Up Sisters Inc.
  • Shapes Brow Bar
  • Sharkey’s Cuts For Kids
  • Shear Madness Haircuts For Kids
  • ShelfGenie Franchise Systems LLC
  • Sherlocks of Celebration LLC
  • Shield Security Systems
  • Shock PR
  • Shoes-n-Feet
  • Shoney’s Restaurants
  • Showhomes Home Staging
  • Shred-Tech Business Opportunity
  • ShredStation Express
  • Signal 88 Security
  • Signal Graphics Business Centers
  • Sign-A-Rama Inc.
  • Sign Biz
  • Signature Alert Security
  • Signature Landscape Lighting
  • Signs By Tomorrow
  • Signs First
  • Signs Now
  • Silution Franchise Corp.
  • Silver Cross
  • SimplySold Real Estate
  • Sir Chocolate
  • Sir Face Lift
  • Sir Grout Franchising LLC
  • Sir Speedy Printing & Marketing Services
  • Sit Means Sit Dog Training
  • Six Disciplines Leadership Center
  • Sky Zone Recreational Center
  • Skyhawks Sports
  • SkyRun Vacation Rentals
  • Skyshades
  • Slim And Fit
  • Slim and Tone
  • Slumberland Franchising Inc.
  • Smallcakes A Cupcakery
  • Smart Brain America Franchise Corp.
  • smART Explorers
  • Smart Tax
  • Smart View Window Solutions
  • Smartbox Portable Self Storage
  • Smashburger
  • Smiling Moose Deli
  • Smoothie King
  • Snaggle Foot
  • Snap Fitness Centers
  • Snap-on Tools
  • Snappy Auctions
  • Snappy Tomato Pizza
  • Snelling Staffing Services
  • Snip-Its Kids Haircuts
  • Soccer Shots
  • Sociale Make & Take Gourmet
  • Softech Computers
  • SOHO Hero
  • Solar Universe
  • Sona MedSpa Int’l. Inc.
  • Sonic Drive In Restaurants
  • Sonitrol Corp.
  • Soul Fixins’ Restaurant
  • Souper Salad
  • South Beach Tanning Company
  • South Bend Chocolate Co.
  • Sparkle Brite Pool Stores
  • Sparkle Carpet Cleaning
  • Sparkle Wash
  • Sparkling Image
  • Spectrum Home Services
  • Speedee Oil Change & Tune Up
  • Speedpro USA
  • Speedy Transmission Centers
  • Spherion Staffing
  • Spicy Pickle Restaurants
  • Spinal Aid Centers of America
  • Splish Franchise Systems LLC
  • Spoon Me Frozen Yogurt
  • Sport Clips
  • Sports Image
  • Spot-Not Car Washes
  • Spray Tan of America
  • Spring-Green Lawn Care
  • SprayGlo Auto Refinishing
  • Squeegee Squad
  • Squeeze Fresh Smoothies
  • Stanley Steemer Carpet Cleaner
  • State Wide Real Estate
  • Stay at Home
  • Steak ‘n Shake
  • Steak-Out Char-Broiled Delivery
  • Steam Brothers Inc.
  • Steamatic Inc.
  • STEARCLEAR
  • Stein Way Dog Training
  • Stevi B’s Pizza
  • Stork News of America Inc.
  • Strands Of Beauty
  • Stratus Building Solutions
  • Straw Hat Pizza
  • Street Corner
  • Stretch U
  • Stretch-N-Grow Int’l. Inc.
  • Strickland’s
  • Stroller Strides LLC
  • Studio 6
  • Stuft Pizza
  • Sub Zero Ice Cream
  • Submarina California Subs
  • Subway
  • Summit Learning Services Inc.
  • Sunbelt
  • Sunbrook Academy
  • Sunchain Tanning Centers
  • Sunset Tan Franchising LP
  • Sunshine Pack & Ship
  • Super 8
  • Super Suppers
  • Super Wash
  • SuperCoups
  • Supercuts
  • SuperGlass Windshield Repair
  • SuperGreen Solutions
  • Superior Senior Care
  • Superior Wash
  • Supper Thyme USA
  • Supply Master USA
  • Surf City Squeeze
  • Surface Specialists Systems Inc.
  • Sweet & Sassy Hair Salon & Spa
  • Sweet Beginnings
  • SweetDuet Frozen Yogurt & Gourmet Muffins
  • Swisher Hygiene Franchise Corp.
  • Sylvan Learning
  • Synergy Healthcare Resources
  • Synergy HomeCare
  • SynLawn
  • System4
  • Systems Paving Franchising Inc.
  • Taco Bell Corp.
  • Taco Bueno
  • Taco John’s
  • Taco Palace Franchising Corp.
  • Tacoma Energy
  • Tacone
  • TacoTime
  • Tan FX Sun Tanning Studio
  • Tanworld
  • Tapioca Express
  • Tasti D-Lite
  • Tax Centers of America
  • TeachPro
  • Team Blue Hand Car Wash
  • TeamLogic IT
  • Techna Glass Franchise Inc.
  • Techna Glass Xpress Repair
  • TechZone Airbag Service
  • Teresa’s Pizza
  • Teriyaki Experience
  • Teriyaki Madness
  • Terminix Termite & Pest Control
  • TGA Premier Junior Golf
  • TGA Premier Youth Tennis
  • The Alternative Board (TAB)
  • The Athlete’s Foot
  • The Barking Zone
  • The Bearclaw Coffee Co.
  • The Beef Jerky Outlet
  • The Boardroom Salon for Men
  • The BrickKicker Home Inspection
  • The Buyer’s Agent
  • The Cereal Bowl
  • The Cleaning Authority
  • The Closet Factory
  • The Coffee Beanery
  • The Coffee Bean & Tea Leaf
  • The Collision Shop
  • The Counter
  • The Dentist’s Choice
  • The Digital Depot
  • The Dinner A’Fare
  • The Doctor’s Touch
  • The Dogfather
  • The End Result
  • The Entrepreneur’s Source
  • The Eyardsale.com
  • The Firkin Group of Pubs
  • The Flying Biscuit Cafe
  • The Fudge Company
  • The Fuzzy Peach Frozen Yogurt
  • The Glass Guru
  • The Great Frame Up
  • The Great Steak & Potato Co.
  • The Green Mop Franchise Co.
  • The Greene Turtle Sports Bar and Grille
  • The Grounds Guys
  • The Ground Pat’i Grille & Bar
  • The Grout Medic
  • The Groutsmith
  • The Growing Room Franchising System
  • The Growth Coach
  • The Gutter Guys
  • The Haagen-Dazs Shoppe Co. Inc.
  • The HIT Center
  • The Homemag
  • The HomeTeam Inspection Service
  • The Honey Do Service Inc.
  • The HoneyBaked Ham Co. & Cafe
  • The Honors Learning Center
  • The Human Bean Drive Thru
  • The Hygienic Home
  • The Italian Pie Franchise LLC
  • The Joint – The Chiropractic Place
  • The Lash Lounge
  • The Learning Experience
  • The Lease Coach
  • The Lemon Tree Family Hair Salon
  • The Little Black Book
  • The Little Dooey Barbeque & Blues
  • The Little Gym
  • The Mad Science Group
  • The Maids
  • The Mailbox Stores Business Opportunity
  • The Melting Pot Restaurants
  • The New York Butcher Shoppe
  • The Original Basket Boutique
  • The Original Pizza Pan
  • The Original SoupMan
  • The Owner/Builder Network
  • The Painting Pros
  • The Pajama Man Business Opportunity
  • The Palms Tanning Resort
  • The Party Image
  • The Pet Food Courier
  • The Pizza Pipeline
  • The Pool Doctors
  • The Screen Machine
  • The Screenmobile
  • The Senior Financial Center
  • The Senior’s Choice Inc.
  • The Service Source Shipping
  • The Soccer Post
  • The Steak Escape
  • The SuperSlow Zone LLC
  • The Swim Squad
  • The Taco Maker/Jake’s Over The Top
  • The Tan Company
  • The Tax Refund Store
  • The Traveling Photo Booth
  • The Tutoring Center
  • The UPS Store/Mail Boxes Etc.
  • The Utility Company
  • The Visual Image Inc.
  • The Waiting Game
  • The Whole Child Learning Co.
  • The Wine Loft
  • The Whole Child
  • The Woodhouse Day Spa
  • The Wow! What a Sub!! Boyz Subs & Steaks
  • The Yellow Balloon
  • The Zoo Health Club
  • TheHomeMag
  • Thinkertots
  • Thrifty Car Sales Inc.
  • Thrifty Rent-A-Car System Inc.
  • Thrive Community Fitness
  • Tidbits Media Business Opportunity
  • Tide Dry Cleaners
  • Tilden Your Total Car Care Centers
  • Tile Outlet Always In Stock
  • Time For Fitness LLC
  • Time In
  • Tin Drum AsiaCafe
  • Tin Star Restaurant
  • Tint World
  • Today’s Window Fashions
  • Togo’s
  • Tony Roma’s
  • Top of the Line Fragrances
  • Toppers Pizza
  • Tossed
  • Total Care Connections
  • Totally Low Carb Stores Inc.
  • Touch Up Guys
  • Touching Hearts At Home
  • Town Money Saver
  • Town Planner
  • Townplace Suites
  • Travel Leaders
  • Travel Lines Express
  • Travel Network
  • Travelodge
  • Trius Cleaning Services
  • Tropical Smoothie Cafe
  • Tropik Sun Fruit & Nut
  • TruBlue House Care
  • True Bottom Line
  • TruePresence
  • Truly Frameless
  • Truly Nolen
  • TSS Photography
  • Tubby’s Sub Shop
  • Tuff Turf Inc.
  • Tuffy Associates Corp./Car-X Associates
  • Tumble & Tea Cafe
  • TUN-DU-REE Magic Of The Indian Grill
  • Tunex Automotive Specialists
  • Tutor Doctor
  • Tutor Time Franchise LLC
  • Tutoring Club LLC
  • Twin Peaks Restaurant
  • Twisted Taco Tex Mex
  • Two Guys And A Truck
  • Two Men and a Truck
  • U.S. Lawns
  • U-Save Auto Rental
  • U-Swirl Frozen Yogurt
  • UBuildIt
  • UC MAS
  • Ultragloss Automotive Appearance Specialists
  • Ultrasonic Blind Cleaning
  • Uncle Maddio’s Pizza Joint
  • Unicash Financial Centres
  • UniGlobe Travel
  • Unishippers Global Logistics LLC
  • United Check Cashing
  • United Country Real Estate
  • United Marketing Solutions
  • United Shipping Solutions
  • United States Seamless Inc.
  • Units Franchise Group Inc.
  • Uno Chicago Grill
  • Uptown Cheapskate LLC
  • US Recognition Services
  • USA Insulation
  • U-Save Car & Truck Rental
  • V-KOOL Business Opportunity
  • Vagabond Inn & Suites
  • Valley Goldmine
  • Valpak Direct Marketing Systems
  • Value Place
  • Valvoline Instant Oil Change
  • Van Houtte Inc.
  • Vanguard Cleaning Systems
  • Vapiano
  • Vehicle Tracking Solutions
  • Velocity Sports Performance
  • Verlo Mattress Factory Stores LLC
  • Victory Lane Quick Oil Change
  • Victory MMA & Fitness Gyms
  • Villa Enterprises
  • Vintage Stock
  • Vintner’s Cellar Franchising Int’l.
  • Virginia Barbeque
  • Visiting Angels
  • Vital Dent
  • Vitality Juice, Java & Smoothie Bar
  • Vivid Digital Concepts
  • VivoPools
  • Vocelli Pizza
  • Volvo Rents
  • VooDoo BBQ & Grill
  • VR Business Brokers/Mergers & Acquisitions
  • V’s Barbershop Franchise LLC
  • Vype High School Sports Magazine
  • Wacky Bear Factory Express
  • Wag N’ Wash
  • Wag-A-Lot
  • WAKA Kickball World Adult Kickball Association
  • Wall Street Deli
  • Walt’s Auto World
  • Water 2 Wine
  • Water To Go
  • Watermill Express
  • Wateria
  • We The People USA Inc.
  • We Olive
  • Webby Dance Company
  • Wee Little Arts Inc.
  • Weed Man
  • Weichert Real Estate Affiliates Inc.
  • We’re Rolling Pretzel Company
  • Welcomemat Services
  • Wellesley Inn & Suites
  • Western Sizzlin
  • Wetzel’s Pretzels
  • Wheel Fun Rentals
  • Wheel Workz
  • Wheelchair Getaways Inc.
  • Which Wich Superior Sandwiches
  • Whiskers & Paws Catering
  • Whizard Academy for Mathematics & English
  • Wholesome Tummies
  • Wholly Crap
  • Wienerschnitzel
  • Wild Bird Centers of America Inc.
  • Wild Birds Unlimited
  • William Raveis Affiliates
  • WIN Home Inspection
  • Window Gang
  • Window Genie
  • WineStyles Inc.
  • Winfree Business Growth Biz Opp
  • Wing Zone
  • Wingate by Wyndham
  • Winger’s Grill & Bar
  • Wingman Wings
  • Wings Etc.
  • Wings Over…
  • Wings To Go
  • Wingstop Restaurants Inc.
  • Wireless Dimensions
  • Wireless Zone
  • Wok Box Fresh Asian Kitchen
  • Women’s Health Boutique Franchise System Inc.
  • Wood Re New
  • Woodcraft Franchise LLC
  • Woody’s Bar-B-Q
  • Woody’s Chicago Style
  • Woof Gang Bakery
  • World Gym
  • World Wrapps
  • Worldwide Express
  • Wow Cafe & Wingery
  • WPI Int’l.
  • WSI Internet
  • Wyndham Hotels and Resorts
  • Yakety Yak Wireless
  • YAS Fitness Centers
  • YAYA’S Flame Broiled Chicken
  • Yellow Van Handyman
  • YO! Sushi
  • YoBlendz
  • Yogen Fruz
  • Yogli Mogli
  • YOGO Factory
  • Yogurt Mountain
  • Yogurtini
  • Yogurtland
  • You Say When Yogurt Shoppe
  • You’ve Got MAIDS
  • Young Chefs Academy
  • Young Rembrandts Franchise Inc.
  • Your Dollar Store With More
  • Your Pie Pizza
  • Yumilicious Frozen Yogurt
  • Yumz Gourmet Frozen Yogurt
  • Z Pizza
  • Zaxby’s
  • Z-Coil Pain Relief Footwear
  • Zen Massage
  • Zero’s Subs
  • Ziebart
  • Zinga Frozen Yogurt
  • Zinger Digital Signs
  • Zippy Shell Mobile Self Storage & Moving
  • Zoes Kitchen
  • Zoo Health Club
  • ZooHoo’s Eatery
  • Zoom Room Dog Agility
  • Zoomin Groomin
  • Zoup! Fresh Soup Company Systems LLC
  • Zyng Asian Grill

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2015 U.S. Franchise Shows, Events & Conventions

Franchise Information December 4, 2014

franchise pod information

2015 U.S. Franchise Shows, Events & Conventions

The 2015 U.S. Franchise Shows, Events & Conventions section of FranchisePOD is here to provide a calendar of upcoming franchise conventions & expos, small business conferences, and franchising trade shows. Please contact us with updated information.

 

Start Date End Date Country City/State Venue Name of Conference
1/17/2015 1/18/2015 USA Denver, CO Colorado Convention Center The Franchise & Business Opportunities Expo
1/24/2015 1/25/2015 USA San Diego, CA Del Mar Fairgrounds The Franchise & Business Opportunities Expo
2/5/2015 2/7/2015 USA Houston, TX NRG Park (formerly Reliant Park) Franchise Expo South (FES)
2/15/2015 2/18/2015 USA Las Vegas, NV MGM Grand Hotel & Casino International Franchise Association (IFA) Annual Convention
2/28/2015 3/1/2015 USA Tampa, FL Tampa Convention Center The Franchise & Business Opportunities Expo
3/21/2015 3/22/2015 USA Philadelphia, PA Greater Philadelphia Expo Center The Franchise & Business Opportunities Expo
3/28/2015 3/29/2015 USA Nashville, TN Musica City Center The Franchise & Business Opportunities Expo
4/11/2015 4/12/2015 USA Boston, MA Seaport World Trade Center The Franchise & Business Opportunities Expo
5/2/2015 5/3/2015 USA Raleigh, NC North Carolina State Fair The Franchise & Business Opportunities Expo
5/3/2015 5/5/2015 USA Chicago, IL Chicago Marriott Magnificent Mile IFA 48th Annual Legal Symposium
5/16/2015 5/17/2015 USA Dallas, TX Dallas Market Hall The Franchise & Business Opportunities Expo
6/18/2015 6/20/2015 USA New York, NY NY Javits Center International Franchise Expo
11/12/2015 11/14/2015 USA Anaheim, CA Anaheim Convention Center West Coast Franchise Expo

2016 U.S. Franchise Shows, Events & Conventions

5/15/2016 5/17/2016 USA Washington, DC JW Marriott IFA 49th Annual Legal Symposium

2015 Canadian Franchise Shows, Events & Conventions

1/10/2015 1/11/2015 Canada Metro Toronto Convention Centre Toronto, ON The National Franchise & Business Opportunities Show
1/24/2015 1/25/2015 Canada RBC Convention centre Winnipeg, MB The National Franchise & Business Opportunities Show
2/7/2015 2/8/2015 Canada Saskatoon Prairieland Park Saskatoon, SK The National Franchise & Business Opportunities Show
3/7/2015 3/8/2015 Canada Cunard Centre Halifax, NS The National Franchise & Business Opportunities Show
3/21/2015 3/22/2015 Canada Palais des congres Montreal, QB The National Franchise & Business Opportunities Show
4/18/2015 4/19/2015 Canada Vancouver Convention Centre Vancouver, BC The National Franchise & Business Opportunities Show

2015 Mexican Franchise Shows, Events & Conventions

3/3/2015 3/7/2015 Mexico WTC Mexico City Expo de lost Promocionales
3/5/2015 3/7/2015 Mexico WTC Mexico City Expo Franquincias

2015 International Franchise Shows, Events & Conventions

2/8/2015 2/12/2015 Dubai World Trade Centre Dubai, UAE Gulfood
2/20/2015 2/21/2015 England Excel London, England The Franchise Show
3/22/2015 3/25/2015 France Porte de Versailles Paris, France Franchising Expo Paris
4/16/2015 4/18/2015 South Africa Sandton Convention Centre Sandton, South Africa The International Franchise Expo
TBD 2015 4/18/2015 Expocentr Moscow (Krasnaya Presnya) Moscow, Russian Federation BuyBrand 2015

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Franchise Rule Compliance Guide PDF

Franchise Information December 2, 2014

franchise pod information

Franchise Rule Compliance Guide PDF

This compliance guide helps franchisors comply with the Federal Trade Commission’s amended Franchise Rule.

Please click here to open the FTC Franchise Rule Compliance Guide PDF

623 total views, 1 today

Comments Off on Buying a Franchise: A Consumer Guide

Buying a Franchise: A Consumer Guide

Franchise Information December 2, 2014

franchise pod information

Buying a Franchise: A Consumer Guide

When you buy a franchise, you often can sell goods and services that have instant name recognition, and get training and support that can help you succeed. But purchasing a franchise is like every other investment: there’s no guarantee of success.

The Federal Trade Commission, the nation’s consumer protection agency, has prepared this booklet to explain how to shop for a franchise opportunity, the obligations of a franchise owner, and questions to ask before you invest.

I. The Benefits and Responsibilities of Franchise Ownership

II. Advance Work: Before You Select a Franchise System

III. Selecting a Franchise

IV. Finding the Right Opportunity

V. Investigating Before You Invest

VI. Before You Sign the Franchise Agreement

I. The Benefits and Responsibilities of Franchise Ownership

A franchise enables you, the investor or franchisee, to operate a business. You pay a franchise fee and you get a format or system developed by the company (franchisor), the right to use the franchisor’s name for a limited time, and assistance. For example, the franchisor may provide you with help in finding a location for your outlet; initial training and an operating manual; and advice on management, marketing, or personnel. The franchisor may provide support through periodic newsletters, a toll-free telephone number, a website, or scheduled workshops or seminars.

Buying a franchise may reduce your investment risk by enabling you to associate with an established company. But the franchise fee can be substantial. You also will have other costs: for example, you may be required to give up significant control over your business while you take on contractual obligations with the franchisor.

Typically, franchise systems have several components.

Costs

In exchange for the right to use the franchisor’s name and assistance, you will pay some or all of the following fees.

Initial Franchise Fee and Other Expenses

Your initial franchise fee, which will range from several thousand dollars to several hundred thousand dollars, may be non-refundable. You may incur significant costs to rent, build, and equip an outlet and to buy initial inventory. You also may have to pay for operating licenses and insurance, and a “grand opening” fee to the franchisor to promote your new outlet.

Continuing Royalty Payments

You may have to pay the franchisor royalties based on a percentage of your weekly or monthly gross income. Often, you must pay royalties even if your outlet isn’t earning significant income. As a rule, you have to pay royalties for the right to use the franchisor’s name. Even if the franchisor doesn’t provide the services they promised, you still may have to pay royalties for the duration of your franchise agreement. Indeed, even if you voluntarily terminate your franchisee agreement early, you may owe royalties for the remainder of your agreement.

Advertising Fees

You also may have to pay into an advertising fund. Some portion of the advertising fees may be allocated to national advertising or to attract new franchise owners, rather than to promote your particular outlet.

Controls

To ensure uniformity, franchisors usually control how franchisees conduct business. These controls may significantly restrict your ability to exercise your own business judgment. Here are a few examples.

Site Approval

Many franchisors pre-approve sites for outlets, which, in turn, may increase the likelihood that your outlet will attract customers. At the same time, the franchisor may not approve the site you’ve selected.

Design or Appearance Standards

Franchisors may impose design or appearance standards to ensure a uniform look among the various outlets. Some franchisors require periodic renovations or seasonal design changes; complying with these standards may increase your costs.

Restrictions on Goods and Services You Sell

Franchisors may restrict the goods and services you sell. For example, if you own a restaurant franchise, you may not be able to make any changes to your menu. If you own an automobile transmission repair franchise, you may not be able to perform other types of automotive work, like brake or electrical system repairs.

Restrictions on Method of Operation

Franchisors may require that you operate in a particular way: they may dictate hours; pre-approve signs, employee uniforms, and advertisements; or demand that you use certain accounting or bookkeeping procedures. In some cases, the franchisor may require that you sell goods or services at specific prices, restricting your ability to offer discounts, or that you buy supplies only from an approved supplier even if you can buy similar goods elsewhere for less.

Restrictions on Sales Area

A franchisor may limit your business to a specific territory.While territorial restrictions may ensure that you will not compete with other franchisees for the same customers, they also could hurt your ability to open additional outlets or to move to a more profitable location. In addition, a franchisor may limit your ability to have your own website, which could restrict your ability to have online customers. Moreover, the franchisor itself may have the right to offer goods or services in your sales area through its own website or through catalogs or telemarketing campaigns.

Terminations and renewal

You can lose the right to your franchise if you breach the franchise contract. Franchise contracts are for a limited time; your right to renew is not guaranteed.

Franchise Terminations

A franchisor can end your franchise agreement for a variety of reasons, including your failure to pay royalties or abide by performance standards and sales restrictions. If your franchise is terminated, you may lose your investment.

Renewals

Franchise agreements may run for as long as 20 years. At the end of the contract, the franchisor may decline to renew. Renewals are not automatic, and they may not have the original terms and conditions. Indeed, the franchisor may raise the royalty payments, impose new design standards and sales restrictions, or reduce your territory. Any of these changes may result in more competition from company-owned outlets or other franchisees.

II. Advance Work: Before You Select a Franchise System

Before you invest in a particular franchise system, think about how much money you have to invest, your abilities, and your goals. Be brutally honest.

Your Investment

  • How much money do you have to invest?
  • How much money can you afford to lose?
  • Are you purchasing the franchise alone or with partners?
  • Do you need financing? Where’s it coming from?
  • What’s your credit rating? Credit score?
  • Do you have savings or additional income to live on while you start your business?

Your Abilities

  • Does the franchise require technical experience or special training or education (for example, auto repair, home and office decorating, or tax preparation)?
  • What special skill set can you bring to a business, and, specifically, to this business?
  • What experience do you have as a business owner or manager?

Your Goals

Write down your reasons for buying a particular franchise:

  • Do you need a specific annual income?
  • Are you interested in pursuing a particular field?
  • Are you interested in retail sales or performing a service?
  • How many hours can you work? How many are you willing to work?
  • Do you intend to operate the business yourself or hire a manager?
  • Will franchise ownership be your primary source of income or a supplement to your current income?
  • Do you get bored easily? Are you in this for the long-term?
  • Would you like to own several outlets?

III. Selecting a Franchise

Purchasing a franchise is like any other investment: it comes with risk. When you think about a particular franchise, think about the demand for the products or services it offers, competitors that offer similar products or services, the franchisor’s background, and the level of support you will receive.

Demand

Is there a demand for the franchisor’s products or services in your community? Is it seasonal or ever- green? Could you be dealing with a fad? Does the product or service generate repeat business?

Competition

What’s the level of competition—nationally, regionally, and locally? How many franchised and company-owned outlets are in your area? Does the franchise sell products or services that are easily available online or through a catalog? How many competing companies sell similar products or services? Are they well-established or widely recognized by name in your community? Do they offer a similar product at a similar price?

Your Ability to Operate the Business

Sometimes, franchise systems fail. What will happen to your business if the franchisor closes up shop? Will you need the franchisor’s ongoing training, advertising, or other help to succeed? Will you have access to the same suppliers? Could you conduct the business alone if you have to cut costs or lay anyone off?

Before you invest in a particular franchise system, think about how much money you have to invest, your abilities, and your goals. Be brutally honest.

Name Recognition

Buying a franchise gives you the right to associate with the company’s name or brand. The more widely recognized the name, the more likely it is to draw in customers.

Consider:

  • name and brand recognition for the company and its product or service
  • whether the company has a registered trademark
  • how long the franchisor has been in business
  • whether the company’s reputation is for quality products or services
  • whether consumers have filed complaints against the franchise with the Better Business Bureau or a local consumer protection agency

Training and Support Services

What training and continuing support does the franchisor provide? Does the franchisor’s training measure up to the training for workers in the particular industry? Can you compete with others who have more formal training? What backgrounds do the current franchise owners have? Is your education, experience, or training similar?

Franchisor’s Experience

Many franchisors operate well-established companies with years of experience both in selling goods or services and managing a franchise system. Some franchisors started by operating their own business. There is no guarantee, however, that a successful entrepreneur can successfully manage a franchise system. Find out:

  • how long the franchisor has managed a franchise system
  • whether the franchisor has enough expertise to make you feel comfortable. If the franchisor has little experience managing a chain of franchises, take any promises about guidance, training, and other support with the proverbial grain of salt.

Growth

A growing franchise system increases the franchisor’s name and brand recognition and may enable you to attract customers. But growth alone doesn’t ensure successful franchisees. Indeed, a company that grows too quickly may not be able to support its franchisees with the support services it promises them. Investigate the franchisor’s financial assets and resources; are they sufficient to support the franchisees?

IV. Finding the Right Opportunity

There are many, many ways to find franchise opportunities. Some franchisors have websites with information about their franchises. Franchise expositions are another good source of information, as are franchise brokers—companies or people that specialize in matching individuals with franchise companies. It’s always a good idea to visit franchised outlets in your area and talk to the owners about their experience with particular franchisors.

Shopping at a Franchise Exposition

Attending a franchise exposition allows you to see and compare a variety of franchise possibilities under one roof. Before you attend, research the kind of franchise that may best suit your budget, experience, and goals. When you attend, visit several franchise exhibitors who deal with the type of industry that appeals to you. Ask questions.

  • How long has the franchisor been in business?
  • How many franchised outlets exist? Where are they?
  • What is the initial franchise fee? What additional start-up costs can you expect? Are there continuing royalty payments? How much? What do other franchisees pay?
  • What management, technical, and other support does the franchisor offer?
  • What controls does the franchisor impose?

Exhibitors may offer you incentives to attend a promotional meeting to discuss the franchise in greater detail. These meetings can be another source of information and another opportunity to raise questions. Be prepared to walk away from any franchise opportunity—and promotion—that doesn’t fit your needs.

Using a Franchise Broker

Franchise brokers—who also refer to themselves as “business coaches,”“advisors,”“referral sources,” or “sales consultants”—help people who want to buy a franchise. They often advertise on the Internet and in business magazines that they will help you select among various franchise options.Typically, a broker reviews the amount of money you have to invest and then directs you to opportunities that match your interests and resources.A broker also may help you complete applications and the paperwork to consummate the sale. Remember that franchise brokers often work for franchisors, and get paid only if a sale is completed.

Limited Opportunities

Some franchise brokers may claim to be able to match you with “the perfect opportunity” because they represent a wide range of business sellers. That may be true—or not. In some instances, franchise brokers represent only a few franchisors, and, as a result, their suggestions may be limited.

Selection Standards

Some franchise brokers may claim that they will suggest only those franchises that meet certain standards. You may think this means that your financial risk is limited because the broker is weeding out the poor investments. In fact, some brokers represent any franchisor willing to pay them a commission for a sale. If you rely on a broker, be skeptical: you may be directed to a franchise that is failing or that doesn’t have a track record.

Upselling

Some brokers earn a flat fee regardless of the price of the franchise they sell; others earn a commission pegged to the price of the franchise the broker sells. The more costly the franchise, the bigger the broker’s commission. Some brokers may steer you toward a more costly franchise to beef up their own commission.

Unauthorized or Misleading Earnings Representations

To convince you to buy a particular franchise, a broker may make certain representations about income. Earnings claims may not be true, and sometimes, can be misleading even if literally true. For example, the figures may be based on earnings in an area where demand for the business’ goods or services is high. Or the earnings claimed may be based on outdated industry data. In some instances, earnings claims may be gross sales figures: when you factor in likely expenses, actual earnings can be far less. Because earnings representations may be misleading, many franchisors prohibit their sales representatives from making them.

Before using a franchise broker, ask yourself:

  • whether you need the services of a franchise broker. Can you get enough information shopping online or reading trade magazines?
  • whether the broker is paid by the franchisor. Are there any fees you must pay the broker? If so, how much you are willing to pay?
  • whether the broker’s commission depends on the price of the franchise. If it does, consider the fact that the broker may be leading you toward a higher-priced franchise. Ask about alternatives in the same field that may cost less.
  • how many franchisors the broker represents. If it’s a small group, the potential match-ups may be limited.
  • how the broker selects franchisors to represent. Are the selection criteria in writing? Ask to see them. How many franchisors has the broker turned down in the recent past?
  • about potential earnings claims. Verify whether the franchisor has authorized the claims. Ask the franchisor for the written documentation that lays out the basis for the claims. Think about consulting an accountant to determine whether the claims are reasonable and if they are applicable to where and how you intend to operate your business.

You should receive the names and contact information for other buyers of the franchise— current and former franchisees. Talk to them, rather than relying on information from the broker alone.

Speak to them about their experience within the franchisor.

V. Investigating Before You Invest

The All-Important Disclosure Document

Before you invest in any franchise system, get a copy of the franchisor’s disclosure document. Under the Franchise Rule, which is enforced by the FTC, you must receive the document at least 14 days before you are asked to sign any contract or pay any money to the franchisor or an affiliate of the franchisor. You have the right to ask for—and get—a copy of the disclosure document once the franchisor has received your application and agreed to consider it. Indeed, you may want to get a copy of the franchisor’s disclosure document before incurring any expenses to investigate the franchise offering.

The franchisor may give you a copy of its disclosure document on paper, via email, through a web page, or on a disc. The cover of the disclosure document should have information about its availability in other formats. Make sure you have a copy of the document in a format that is convenient for you, and keep a copy for reference.

Read the entire disclosure document. Don’t be shy about asking for explanations, clarifications, and answers to your questions before you invest. Among the key sections in a complete disclosure document are:

Franchisor’s Background

This section tells how long the franchisor has been in business, likely competition, and any special laws that pertain to the industry, like any license or permit requirements. This will help you understand the costs and risks you are likely to take on if you purchase and operate the franchise.

Read the entire disclosure document. Don’t be shy about asking for explanations, clarifications, and answers to your questions before you invest.

Business Background

This section identifies the executives of the franchise system and describes their experience. Pay attention to their general business backgrounds, their experience in managing a franchise system, and how long they’ve been with the company.

Litigation History

This section discusses prior litigation—whether the franchisor or any of its executive officers have been convicted of felonies involving fraud, violations of franchise law, or unfair or deceptive practices law, or are subject to any state or federal injunctions involving similar misconduct. It also says whether the franchisor or any of its executives have been held liable for—or settled civil actions involving—the franchise relationship. A number of claims against the franchisor may indicate that it has not performed according to its agreements, or, at the very least, that franchisees have been dissatisfied with its performance.

This section also should say whether the franchisor has sued any of its franchisees during the last year, a disclosure that may indicate common types of problems in the franchise system. For example, a franchisor may sue franchisees for failing to pay royalties, which could indicate that franchisees are unsuccessful, and therefore, unable or unwilling to make their royalty payments.

Bankruptcy

This section discloses whether the franchisor or any of its executives have been involved in a recent bankruptcy, information that can help you assess the franchisor’s financial stability and whether the company is capable of delivering the support services it promises.

Initial and Ongoing Costs

This section describes the costs involved in starting and operating a franchise, including deposits or franchise fees that may be non-refundable, and costs for initial inventory, signs, equipment, leases, or rentals. It also explains ongoing costs, like royalties and advertising fees. In addition, ask about:

  • continuing royalty payments
  • advertising payments, both to local and national advertising funds
  • grand opening or other initial business promotions
  • business or operating licenses
  • product or service supply costs
  • real estate and leasehold improvements
  • discretionary equipment, such as a computer system or a security system
  • training
  • legal fees
  • financial and accounting advice
  • insurance
  • the costs of compliance with local ordinances, such as zoning, waste removal, and fire and other safety codes
  • health insurance
  • employee salaries and benefits

Starting your business may take several months. Estimate your operating expenses for the first year and your personal living expenses for up to two years. Compare your estimates with what other franchisees have paid and with competing franchise systems. You may be able to get a better deal with another franchisor.An accountant can help you evaluate this information.

Restrictions

This section tells whether the franchisor limits:

  • suppliers from whom you may purchase goods
  • the goods or services you may offer for sale
  • your customers
  • where you can sell goods or services
  • your use of the Internet to sell goods or services to customers in and out of your territory and the right of the franchisor (or other franchisees) to use the Internet to solicit customers or to sell in your territory

These kinds of restrictions may limit your ability to exercise your own business judgment in operating your outlet. That said, if the franchisor does not limit the territory where each franchisee can sell, the franchisor and other franchisees may compete with you for the same customers, either by establishing their own outlets, or by selling to customers in your area through the Internet, catalogs, telemarketing, and the like.

Terminations

This section spells out the conditions under which the franchisor may end your franchise and your obligations to the franchisor after termination. It also defines the conditions under which you can renew, sell, or assign your franchise to others.

Training

This section explains the franchisor’s training and assistance program. Check for information about:

  • who is eligible for training
  • whether new employees are eligible for training and, if so, at what cost. Who pays?
  • how long the training sessions take. How much time is spent on technical training, business management training, and marketing?
  • who conducts the training and their qualifications
  • whether the company offers ongoing training and at what cost
  • support staff available for trouble-shooting: Are they assigned to your area and how many franchisees they are responsible for?
  • whether on-site individual assistance is available and at what cost

The training you need will depend on your business experience and your knowledge of the franchisor’s goods and services. If you have doubts about whether the training offered is sufficient to give you the tools you need to handle day-to-day business operations, consider another franchise opportunity.

Advertising

This section has information on advertising costs. Franchisees often are required to contribute a percentage of their income to an advertising fund. Find out:

  • what part of the advertising fund is devoted to administrative costs
  • what other expenses are paid from the advertising fund
  • whether franchisees have any control over how the advertising dollars are spent
  • what advertising promotions the company has already engaged in and what’s on the drawing board
  • what percentage of the fund is spent on national advertising
  • what percentage of the fund is spent on advertising in your area
  • what percentage is devoted to selling more franchises
  • whether all franchisees contribute equally to the advertising fund
  • whether you need the franchisor’s consent to develop and buy your own advertising
  • whether there are rebates or advertising contribution discounts if you do your own advertising
  • whether the franchisor gets any commissions or rebates when it places advertisements, and who benefits from those—you or the franchisor
Current and Former Franchisees

This section has very important information about current and former franchisees. Many franchisees in your area may mean more competition for customers. The number of terminated, cancelled, or non-renewed franchises may indicate problems.

Some companies may repurchase failed outlets and list them as company-owned outlets.

Look for contact information for current franchisees and franchisees who have left the system within the last year; talking to them may be the most reliable way for you to verify the franchisor’s claims. Visit or phone as many of the current and former franchisees as possible to chat about their experiences, and the volume and type of business they’re doing. Note that some of them may have signed confidentiality agreements that prevent them from speaking with you. If that’s the case, try contacting others on the list.

If you buy an existing outlet that was reacquired by the franchisor, the franchisor must tell you who owned and operated the outlet for the last five years. Several owners in a short time may indicate that the location isn’t profitable or that the franchisor hasn’t supported that outlet as promised. Consider contacting several previous owners to learn more about their experience operating the particular outlet. You will want to learn:

  • how long the franchisee operated the franchise
  • where the franchise was located
  • whether they were able to open the outlet in a reasonable time
  • their total investment, including any hidden or unexpected costs
  • how long it took them to cover operating costs and earn a reasonable income
  • whether they were satisfied with the cost, delivery, and quality of the goods or services they sold
  • their backgrounds before becoming a franchisee
  • If you have doubts about whether the training offered is sufficient to give you the tools you need to handle day-to-day business operations, consider another franchise opportunity.
  • whether the franchisor’s training was adequate
  • whether the franchisor provided ongoing help
  • their satisfaction with the franchisor’s advertising program
  • whether the franchisor fulfilled its contractual obligations
  • whether the franchisee would invest in another outlet
  • whether the franchisee would recommend the investment

Some franchisors may give you a separate reference list of franchisees to contact. To ensure that you get the full picture, you may want to contact at least some references listed in the disclosure document that are not on the separate list.

Associations of Franchisees Operating Similar Outlets

There’s no question that the disclosure document is critical reading for potential franchisees. Associations of franchisees who are operating similar outlets are another important source of information. Whether or not these associations are sponsored or endorsed by the franchisor, they can provide information about the state of the relationship between the franchisor and its franchisees. You may want to ask a franchisee association about:

  • its membership
  • its history
  • its goals
  • its relationship with the franchisor
  • any benefits in buying from one franchisor versus a competitor
  • any problems franchisees are facing in the operation of their outlets

Earnings Information

You may want to know how much money you can make if you invest in a particular franchise system. Be careful. Earnings information can be misleading. Insist on written substantiation for any information you may receive that suggests your potential income or sales.

Franchisors are not required to disclose information about potential income or sales, but if they do, the law requires that they have a reasonable basis for their claims and that they make the substantiation for their claims available to you. When you review any earnings claims, consider:

Sample Size

Say a franchisor claims that franchisees in its system earned $50,000 last year. The claim may be deceptive if it doesn’t represent the typical earnings of franchisees. The disclosure document should tell the sample size and the number and percentage of franchisees who reported earnings at the level claimed.

Average Incomes

A franchisor may claim that the franchisees in its system earn an average income of, say, $75,000 a year. Average figures tell very little about how individual franchisees perform. An average figure may make the overall franchise system look more successful than it is because just a few very successful franchisees can inflate the average.

Gross Sales

5 Some franchisors provide figures for the gross sales revenues of their franchisees. These figures don’t really tell about the franchisees’actual costs or profits. An outlet with a high gross sales revenue on paper may be losing money because of high overhead, rent, and other expenses.

Net Profits

Franchisors often do not have data on net profits oftheir franchisees. If you get net profit information, ask whether it includes information about company- owned outlets; they often have lower costs because they can buy equipment, inventory, and other items in larger quantities, or they may own, rather than lease, their property.

Geographic Relevance

Earnings may vary with geography. If it’s reported that a franchisee earned a particular income, ask about the franchisee’s location. The disclosure document should note geographic or other differences among the group of franchisees whose earnings are reported and your likely location.

Franchisees’ Backgrounds

Keep in mind that franchisees have different skill sets and educational backgrounds. The success of some franchisees doesn’t guarantee success for all.

Reliance on Earnings Claims

Franchisors may ask you to sign a statement— sometimes presented as a written interview or questionnaire—that asks whether you received any earnings or financial performance representations during the course of buying a franchise. If you heard or got any earnings representations, report it fully during an interview or on a questionnaire or other statement. If you don’t, you may be waiving any right to contest the earnings representations that were made to you and that you used to make your decision to buy.

Financial History

The disclosure document gives important information about the company’s financial status, including audited financial statements. You can find explanatory information about the franchisor’s financial status in notes to the financial statements. Investing in a financially unstable franchisor is a significant risk; the company may go out of business or into bankruptcy after you have invested your money.

It’s a good idea to hire a lawyer or an accountant to review the franchisor’s financial statements, audit report, and notes. They can help you understand whether the franchisor:

  • has steady growth
  • has a growth plan
  • makes most of its income from the sale of franchises or from continuing royalties
  • devotes sufficient funds to support its franchise system

VI. Before You Sign the Franchise Agreement

The company’s disclosures may change between the time you receive the disclosure document and the time you sign the franchise agreement. For example, the company may have updated its disclosures; it is required to do that at least annually after its fiscal

year ends. You have the right to ask for a copy of any updated information before you sign the franchise agreement. An updated disclosure document may indicate the filing of new suits by or against the franchisor, changes in the franchisor’s management team, new financial data, and more current financial performance data, among other information.

Additional Sources of Information

Accountants and Lawyers

In addition to reading the company’s disclosure document—including any updates—and speaking with current and former franchisees, consider talking to an accountant and a lawyer. An accountant can help you understand the company’s financial statements, develop a business plan, assess any earnings projections and the assumptions they’re based on, and help you pick a franchise system that is best suited to your investment resources and your goals.

A lawyer can help you understand your obligations under the franchise contract. These contracts usually are long and complex. A contract problem that arises after you have signed the contract may be very expensive to fix—if it can be fixed at all. Choose a lawyer who is experienced in franchise matters, but rely on your own lawyer or accountant for a recommendation, rather than the franchisor’s recommendation.

Banks and Other Financial Institutions

These organizations can offer an unbiased view of the franchise opportunity you are considering. They should be able to get a Dun and Bradstreet report or similar financial profile of the franchisor.

Better Business Bureau

Check with the local Better Business Bureau (BBB) in the city where the franchisor has its headquarters. Ask whether there are complaints on file about the company’s products, services, or personnel.

Government

Several states regulate the sale of franchises. Check with the state office that regulates franchising—it may be the Office of the Attorney General—for more information about your rights as a franchise owner in your state.

The Federal Trade Commission (FTC) enforces the Franchise Rule. The FTC publishes a number of business guides—for example, Getting Business Credit , Dot Com Disclosures, Business Guide to the Mail and Telephone Order Merchandise Rule, and Complying with the Telemarketing Sales Rule that may be helpful to your business.

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

SOURCE: http://business.ftc.gov/documents/inv05-buying-franchise-consumer-guide

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At-Home Medical Billing Businesses

Franchise Information December 2, 2014

franchise pod information

If you’re looking for a home-based business that can help you pull in $20,000 to $45,000 a year using your computer, a work-at-home opportunity doing medical billing may sound like the perfect choice. But before you part with your money, consider this: The Federal Trade Commission (FTC) has brought charges against promoters of medical billing opportunities for misrepresenting the earnings potential of their businesses and for failing to provide key pre-investment information required by law.

Medical Billing Scams

Ads for medical billing business opportunities appear on the Internet and in the classified sections of local newspapers and “giveaway” shopper’s guides. In the “Help-Wanted” classified sections, the ads may appear next to legitimate ads for hospital medical claims processors, leading consumers who respond to think they’re applying for a job, not buying a business opportunity.

The ads lure consumers with promises of substantial income working from home full- or part-time – “no experience required.” They direct consumers to call a toll-free number for more information.

If you call, a sales representative will entice you to sign up by telling you that the processing of medical claims is a lucrative business, that doctors are eager for help with electronic claims processing, and that you – even without any experience – can do this work from the comfort of your home.

Medical billing scammers charge a fee of hundreds, or even thousands, of dollars. In exchange, they claim to provide everything you supposedly need to launch your medical billing business: the software program to process the claims and a list of potential clients.

But the reality is that few consumers who pay for medical billing opportunities find clients or make any money, let alone earn the promised substantial income. Competition in the medical billing market is fierce, especially for those who are new to it. Many doctors’ offices process their own medical claims. Doctors who contract out their medical billing often use established firms, not individuals working from home.

Promoters of fraudulent medical billing opportunities are not interested in helping consumers, either. They only want their money. Many times, the client lists they provide are based on out-of-date databases of doctors who haven’t asked for medical billing services. The software they send may not work or may not have been properly authorized and so is useless. And the money-back “guarantees” often prove worthless. Even after making repeated calls to the promoter or complaining to their credit card companies, government agencies or consumer groups, only a few people actually get refunds.

How to Protect Yourself

To avoid losing your money to a bogus medical billing business opportunity, the FTC advises you to:

  • Ask the promoter to give you the names of many previous purchasers so that you can pick and choose who to call for references. Make sure you get many names from which to choose. If the promoter provides only one or two names, be careful: The contacts may be “shills” – people hired to give favorable testimonials. Interview the references, preferably where the business operates, to get a better sense of how the business works. Ask for the names of their clients and a description of their operation.
  • Consult with organizations for medical claims processors or medical billing businesses and with doctors in your community. Ask them about the medical billing field: How much of a need is there for this type of work? How much work does medical billing entail? What kind of training is required? Do they know anything about the promotion or promoter you’re interested in?
  • Check with the state Attorney General’s office, consumer protection agency and the Better Business Bureau in your area and the area where the promoter is based to learn whether there are any unresolved complaints about the business opportunity or the promoter. While complaints may alert you to problems, the absence of complaints does not necessarily mean the company is legitimate. Unscrupulous companies may settle complaints, change their names or move to hide a history of complaints.
  • If the medical billing opportunity sells another company’s software, check with the software company to find out whether company representatives know of any problems with the medical billing promoter.
  • Consult an attorney, accountant or other business advisor before you sign any agreement or make any payments up front. An attorney can review the promoter’s contract and advise you on how best to proceed.

Where to Complain

If you think you’ve been defrauded in a medical billing business opportunity scheme, contact the company and ask for your money back. Let the company representatives know that you plan to notify law enforcement and other officials about your experience. Keep a record of your conversations and correspondence. If you send documents to the company, send copies, not originals. Send correspondence by certified mail – and request a return receipt – to document what the company received.

If you can’t resolve the dispute with the company, file a complaint with:

  • the Federal Trade Commission. Call 1-877-FTC-HELP (1-877-382-4357) or log on to www.ftc.gov.
  • the Attorney General’s office in your state or in the state where the company is located. The office will be able to tell you whether you’re protected by any state law to regulate work-at-home programs.
  • your local consumer protection offices.
  • your local Better Business Bureau.
  • your local postmaster. The U.S. Postal Service investigates fraudulent mail practices.
  • the advertising manager of the publication that ran the ad. The manager may be interested to learn about the problems you’ve had.

The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint or to get free information on consumer issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The FTC enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

SOURCE: http://business.ftc.gov/documents/inv09-medical-billing-opportunities-worth-second-opinion

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Amended Franchise Rule FAQ’s

Franchise Information December 2, 2014

franchise pod information

Amended Franchise Rule
16 C.F.R. Part 436

The following questions recently have been asked about the amended Franchise Rule. These questions will be addressed in the forthcoming Compliance Guide. Additional questions and responses will be posted periodically in order to assist franchisors in their review of the amended Rule requirements.

Please note that the opinions expressed below are those of the FTC staff charged with enforcement of the Franchise Rule. They have not been reviewed, approved, or adopted by the Commission, and they are not binding upon the Commission.

Questions

  1. On July 1, 2007, franchisors may start to use the amended Franchise Rule. Does this mean that franchisors can use the amended Rule disclosure format only as of July 1, 2007, or does it mean that franchisors may also apply the non-disclosure provisions (such as timing provisions and prohibitions) of the amended Rule as well? For example, may a franchisor ignore the “first personal meeting” requirement after July 1, 2007, if the franchisor continues to use the UFOC Guidelines format?
  2. On July 1, 2007, may franchisors furnish disclosures electronically even if they elect to use the original Rule or UFOC format?
  3. Does the new large investment exemption apply to entities?
  4. Must a franchisor include in its disclosure document the financials of its parent when the parent only sells goods or services to franchisees?
  5. Item 3 of the amended Rule states that a franchisor must state it was “a party to any material civil action involving the franchise relationship in the last fiscal year.“ At the same time, the Statement of Basis and Purpose for the amended Rule says that this disclosure of franchisor-initiated litigation covers only suits filed in the last fiscal year and needs to be updated only annually. Is the disclosure cumulative – that is, does the franchisor have to disclose any suit to which it is a party that was ongoing in the last fiscal year?
  6. If a franchisor wishes to use the amended Rule on or after July 1, 2007, must it first amend its current UFOC or FTC disclosure document?
  7. At times, a franchisor may pay existing franchisees a fee for referring leads to the franchisor. In such circumstances, are the existing franchisees acting as “franchise sellers“ under the amended Rule? If so, are such existing franchisees subject to the amended Rule’s prohibitions section?
  8. Item 19 of the amended Rule deletes the UFOC’s express permission to use performance results of substantially similar businesses of affiliates. Was this intentional? Does the amended Rule now prohibit the use of performance claims based upon affiliates?
  9. Should “development agents“ be treated as subfranchisors because they provide post-sale services to franchisees and, thus, must include financial statements and other information in the disclosure document?
  10. What constitutes a “fill-in-the-blank” provision for purposes of the requirement [§ 436.2(b)] that when a franchisor makes unilateral and material changes in the terms and conditions of an agreement, a prospective franchisee must receive the revised agreement at least seven calendar days signing? The Statement of Basis and Purpose indicates that material changes in the terms and conditions of do not include instances where “the only differences between the standard agreements and the completed agreements are ‘fill-in-the-blank’ provisions, such as the date, name, and address of the franchisee.” But might there be other “fill-in-the-blank” provisions that would not necessarily trigger the seven-day waiting period?Specifically – with respect to a protected territory – can a franchisor avoid the seven-day waiting period by disclosing a general formula for determining a protected territory in the copy of the standard agreement attached to the disclosure document with a blank to be filled in later for the specific term in the actual franchise agreement that the parties will sign?Similarly, could a franchisor avoid the seven-day waiting period by disclosing a range of initial fees, with a blank in the agreement that the parties will sign to be filled in later for the exact fee?
  11. Item 21 of the amended Rule permits a new franchisor to issue an unaudited initial balance sheet, so long as that balance sheet is “prepared in accordance with generally accepted accounting principles.” What does that mean? In other words, what is the CPA’s responsibility to verify the data, and what is the franchisor’s responsibility in terms of the data used to prepare the statement?
  12. The amended Rule requires franchisors to disclose on the Item 23 receipt page the “name, principal business address, and telephone number of each franchise seller offering the franchise.” Who is a “franchise seller” for purposes of this disclosure? If at the time of furnishing the disclosure document a franchisor does not know the particular seller, such as a broker, what should Item 23 of the disclosure document say?
  13. May a franchisor use separate charts in Item 17 for different types of franchise agreements?
  14. The amended Rule prohibits a franchisor from failing, “upon reasonable request,” to furnish a copy of its disclosure document to a prospective franchisee early in the sales process. What happens if a prospective franchisee asks for a copy of the disclosure document at a time when the franchisor is in the process of preparing its annual update or is awaiting registration in one or more of the registration states? Should the franchisor furnish a document that it knows will soon be updated with more current information?
  15. How may a franchisor taking advantage of the amended Rule’s disclosure provisions effectively comply with the Item 23 receipt requirement?
  16. What is the scope of the “parent” disclosures, as set forth in Items 1, 3, 4, and 21 of the amended Rule?
  17. Can financial statements be audited by a Canadian chartered accountant who is unable to state that he or she is an independent certified publc accountant? What about other foreign accountants?
  18. Does Item 8 of the amended Rule require the disclosure of a de minimis ownership interest in a supplier by an officer of the franchisor, and is there a threshold level of ownership that triggers disclosure.
  19. Does Item 20 of the amended Rule require franchisors to disclose the names of franchisees that have binding franchise agreements, but have not opened an outlet, and of former franchisees who never opened an outlet?
  20. When a franchise broker seeks to induce franchise purchases by independently offering a rebate or similar payment from its own funds, must a franchisor disclose that fact? May such a rebate offer be limited in its duration?
  21. May a franchisor require a prospective franchisee to list the statements in the franchisor’s disclosure document that he or she regards as material to his or her decision to sign the franchise agreement?
  22. If a prospective franchisee has received a UFOC disclosure document prior to July 1, 2008, but has not purchased a franchise by that date, must the franchisor provide the prospective franchisee with its Franchise Disclosure Document (“FDD”) 14 calendar days before he or she pays any money or signs a binding agreement in connection with the proposed franchise sale?
  23. Must a franchisor identify more than a single individual as a “franchise seller” on its Item 23 receipt, or must a franchisor supplement the receipt page if that is necessary to list every individual with whom a prospective franchisee has significant contacts before the sale is concluded? If any supplementation is required, would it trigger a new 14 calendar day waiting period before a sale may be completed, or may the supplementation be accomplished at the closing of a sale by requiring a purchaser to list all the individual franchise sellers with whom she has had significant contacts?
  24. Does a franchisor risk violating section 436.9(e) of the Rule if a prospective franchisee makes a reasonable request for the franchisor’s Franchise Disclosure Document (“FDD”) earlier in the sales process than required by section 436.2, but at a time when an applicable state franchise investment law prohibits the franchisor from providing its FDD to that prospect until an amendment reflecting a material change has been filed with or made effective by the state?
  25. Item 12 requires that a franchisor that does not provide an exclusive territory include a disclaimer underscoring that fact. What constitutes an “exclusive territory” that would permit a franchisor to omit this disclaimer?
  26. Does the “insiders” exemption in Section 436.8(a)(6) allow a company that has not yet publicly offered or sold franchises to sell a franchise to a manager with two years of experience with the company without providing that manager with a Franchise Disclosure Document (“FDD”)?
  27. May a franchisor that makes a financial performance representation in Item 19 include a statement that the franchisor does not make any other financial performance representation and has not authorized its employees or representatives to do so?
  28. Section 436.5(t)(5) of the Rule requires disclosure in Item 20 of contact information for former franchisees. It also requires, “in immediate conjunction” with that information, a cautionary notice advising potential purchasers that their contact information may be disclosed if they buy a franchise and later leave the franchise system. May a franchisor disclose this information, including the required notice, in an exhibit or an attachment to its Franchise Disclosure Document (“FDD”)?
  29. If a new FAQ is issued that would necessitate revision of a franchisor’s Franchise Disclosure Document (“FDD”), when must the franchisor revise its FDD?
  30. Notwithstanding FAQ 4, if a franchisor’s parent is the sole supplier of a good or service without which a franchise cannot be operated, must the financials of the parent be disclosed in Item 21?
  31. Section 436.7(a) of the Franchise Rule requires a franchisor to revise its Franchise Disclosure Document (“FDD”) within 120 days of the close of its fiscal year, “after which [it] may distribute only the revised document and no other disclosure document.” If a franchisor’s registration does not expire until after this annual update deadline, may the franchisor continue to use a validly registered FDD in that state after the update deadline, until either: (a) the state completes registration of its updated FDD; or (b) the franchisor’s prior registration expires? If so, and if the franchisor uses the same FDD in non-registration states, may it continue to use the FDD in those states as well?
  32. Section 436.5(u) of the Rule mandates that the financial statements required in Item 21 “be prepared according to United States generally accepted accounting principles (“GAAP”). May franchisors use financial statements to comply with Item 21 if an auditor issues a qualified opinion because the statements do not comply with FIN 46R issued by the Financial Accounting Standards Board (“FASB”)?
  33. May a franchisor comply with Section 436.5(s) of the Rule by placing a financial performance representation (“FPR”) in an attachment to its Franchise Disclosure Document (“FDD”), rather than in Item 19?
  34. Does a general release in a franchise agreement violate the prohibition in Section 436.9(h) of the Franchise Rule against requiring a prospective franchisee to disclaim or waive reliance on representations made in the Franchise Disclosure Document (“FDD”)?
  35. Is a franchisor required to include in its Franchise Disclosure Document (“FDD”) a statement that the financing it offers includes a waiver of a jury trial that will also constitute a waiver of that right in litigation concerning its franchise agreement or other related agreements, if that is the case?
  36. Where Item 20 requires disclosures about “company-owned outlets,” is that term intended to include not only outlets owned by the franchisor, but also affiliate-owned outlets that are “substantially similar” to the outlets offered by the Franchise Disclosure Document (“FDD”)?
  37. May a franchisor state in Item 12 that it grants an “exclusive territory” if it reserves the right to open franchised or company outlets in so-called “non-traditional venues” like airports, arenas, hospitals, hotels, malls, military installations, national parks, schools, stadiums and theme parks?
  38. If a franchisor is unable to register a franchise offering in a state with a franchise registration law without removing or altering a Financial Performance Representation (“FPR”) in Item 19, may the franchisor use the unaltered FPR in the Franchise Disclosure Document (“FDD”) it delivers to potential purchasers in other states?

Answers

 

  1. On July 1, 2007, franchisors may start to use the amended Franchise Rule. Does this mean that franchisors can use the amended Rule disclosure format only as of July 1, 2007, or does it mean that franchisors may also apply the non-disclosure provisions (such as timing provisions and prohibitions) of the amended Rule as well? For example, may a franchisor ignore the “first personal meeting” requirement after July 1, 2007, if the franchisor continues to use the UFOC Guidelines format?Answer: Since original promulgation of the Franchise Rule, the Commission has always permitted franchisors to comply either by following the provisions of the Franchise Rule itself, or by following the UFOC Guidelines. However, “mix-and-match” disclosures are not permitted:
    franchisors must use all of one set of requirements or all of the other set. They may not combine elements of the two different formats in a single disclosure document. This same policy will continue in effect on and after July 1, 2007. Franchisors will still have to select one set of disclosure requirement to follow, but they will have three options instead of just two. They can choose to follow ether the original Rule, the UFOC Guidelines, or the amended Rule. Once they make a choice, they must be consistent, following the chosen set of requirements and none other until July 1, 2008, at which time the only format permitted will be the one prescribed in the amended Rule.This means that a franchisor that chooses to comply with the original Rule on July 1, 2007, must continue complying with the “first personal meeting” provision, as well as other provisions unique to the original Rule – such as the five business-day contract review provision and separate earnings claims statement – until July 1, 2008.

    Similarly, a franchisor that chooses to use the UFOC format on July 1, 2007, would not have to comply with any of the amended Rule’s provisions – for example the amended Rule’s integration clause prohibition – until July 1, 2008.

  2. On July 1, 2007, may franchisors furnish disclosures electronically even if they elect to use the original Rule or UFOC format?Answer: From July 1, 2007, until June 30, 2008, franchisors must select one and only one set of disclosure requirements: original Franchise Rule, amended Franchise Rule, or UFOC Guidelines. Technically, that would preclude a franchisor from furnishing disclosures electronically unless the franchisor opted to use the amended Rule – the only one of the three available sets of disclosure requirements that expressly permits electronic disclosure. Nevertheless, there are strong policy reasons for permitting franchisors to take advantage of technologies that offer the promise of reduced compliance costs, and the FTC staff would not recommend enforcement action against a franchisor that disclosed electronically and was otherwise in total compliance with either the UFOC Guidelines or the original Franchise Rule. This approach ensures that franchise purchasers receive adequate protection and at the same time conforms to the spirit of the Electronic Signatures in Global and National Commerce Act (“E-SIGN”), 15 U.S.C. 7001. Moreover, electronic disclosure is a method of delivery; it does not affect substantive disclosure requirements. Accordingly, for FTC purposes, all franchisors can begin using electronic disclosure on July 1, 2007. Of course, any franchisor electing to furnish disclosures electronically must follow the provisions for doing so set forth in the amended Rule.
  3. Does the new large investment exemption apply to entities?

    Answer: The large investment exemption focuses on individuals and level of their investment, based on the rationale that a prospective investor able to invest at least $1 million (minus franchisor financing and the cost of unimproved land) is likely to be sophisticated and able to make an investment decision without federal government intervention. As noted in the Statement of Basis and Purpose, that rationale does not pertain when individuals, each investing only a small amount, combine in a group. Merely aggregating the small investments of a group of individuals does not transform the individuals into sophisticated investors. For that reason, the amended Rule requires that at least one individual in an investor group contribute at the
    $1 million threshold. The same analysis applies in the case of individual owners of an entity. In order to ensure that such owners are sophisticated, at least one individual owner must contribute at the $1 million threshold.

    The large investment exception, however, does not address how a qualifying individual may organize its business. Nothing in the amended Rule would preclude a qualifying individual contributing $1 million – and thus exempt from the amended Rule – from forming a partnership, corporation, or joining with a corporation or other entity, to operate the franchised outlet after signing the franchise agreement.

  4. Must a franchisor include in its disclosure document the financials of its parent when the parent only sells goods or services to franchisees?

    Answer: The amended Rule requires separate financials for any “parent that commits to perform post-sale obligations for the franchisor or guarantees the franchisor’s obligations.” Thus, this requirement would apply when the franchisor has an obligation to provide goods or services to franchisees, and that obligation is guaranteed or assumed by the franchisor’s parent. If a parent happens to supply goods or services to franchisees where there is no underlying obligation on the part of the franchisor to supply them, then the parent is no different from any other third-party supplier and its financials need not be disclosed. On the other hand, if a franchisor is obligated to provide goods and services and the parent assumes that responsibility, or the franchisor arranges for the parent to provide goods and services directly to franchisees on its behalf, then the parent’s financials must be disclosed.

  5. Item 3 of the amended Rule states that a franchisor must state it was “a party to any material civil action involving the franchise relationship in the last fiscal year.“ At the same time, the Statement of Basis and Purpose for the amended Rule says that this disclosure of franchisor-initiated litigation covers only suits filed in the last fiscal year and needs to be updated only annually. Is the disclosure cumulative – that is, does the franchisor have to disclose any suit to which it is a party that was ongoing in the last fiscal year?

    Answer: The franchisor-initiated litigation disclosure is intended to capture suits that were filed by the franchisor in the last fiscal year. In that regard, “party to a material civil action . . . in the last fiscal year“ means “party to any newmaterial civil action filed in the last fiscal year.“ This disclosure, therefore, is not cumulative: pending suits filed by the franchisor against a franchisee more than a fiscal year ago need not be included.

    Accordingly, when preparing an annual update, the franchisor must disclose the suits it has filed against franchisees in the last fiscal year only (e.g., 2006 suits). Those suits must remain in the disclosure document used for the new fiscal year (e.g. 2007 disclosure document). No quarterly updating is required. Franchisors that initiate suits in the middle of a fiscal year or companies new to franchising can wait until their next annual update (e.g., 2008) to reference these new suits. At the beginning of each new fiscal year (e.g., 2008), the franchisor should delete the list of previously disclosed suits (e.g., 2006 suits) and substitute it with any new franchisor-initiated litigation filed in the most recently concluded fiscal year (e.g., 2007 suits).

  6. If a franchisor wishes to use the amended Rule on or after July 1, 2007, must it first amend its current UFOC or FTC disclosure document?Answer: On or after July 1, 2007, franchisors may start using the amended Franchise Rule. By July 1, 2008, all franchisors must use the amended Rule format only. It is entirely at the discretion of each individual franchise system to decide when during the course of the phase-in period to make the conversion to the amended Rule format.Most likely, many franchisors will start using the amended Rule when they prepare their annual update. For example, we expect that many franchisors with a calendar-year fiscal year will start using the amended Rule in March or April of 2008, when preparing their annual update for 2008.

    Under the amended Rule, a franchisor need not amend its disclosure document immediately in order to start using the amended Rule. For example, a franchisor with a calendar-year fiscal year may decide on July 1, 2007, that it will start using the amended Rule format on September 1, 2007, which falls within the third quarter of the franchisor’s fiscal year. The amended Rule requires franchisors to revise their disclosure document only quarterly. Accordingly, the franchisor need not revise its current disclosure document until the time for preparing a quarterly update, which, in the example, would fall in October, 2007.

    Nonetheless, if the franchisor continues to sell franchises, it must furnish a quarterly update for the third quarter that contains all of the required disclosures set forth in the amended Rule. For example, the quarterly update must include the amended Rule’s more detailed Item 20 information. For that reason, franchisors, as a practical matter, may wish to amend their disclosure documents when they start using the amended Rule – even if they do so during a fiscal quarter – rather than preparing detail quarterly updates until their next annual update.

    Regardless of when it starts to update its disclosures, the franchisor in the example above must begin to comply with the amended Rule’s timing provisions and prohibitions on September 1, 2007. For example, even if the franchisor decides to update its disclosures through a quarterly update, it must immediately start on September 1, 2007, complying with the amended Rule’s non-disclosure provisions, such as timing provisions (e.g., disclosure earlier in the sales process upon reasonable request) and prohibitions (e.g., prohibition against inclusion of disclaimers or waivers).

  7. At times, a franchisor may pay existing franchisees a fee for referring leads to the franchisor. In such circumstances, are the existing franchisees acting as “franchise sellers“ under the amended Rule? If so, are such existing franchisees subject to the amended Rule’s prohibitions section?Answer: Merely accepting compensation for referring leads to a franchisor, without more, is not enough to bring an existing franchisee within the amended Rule’s definition of “franchise seller“ and, therefore, does not subject the franchisee to the amended Rule’s prohibitions.This issue arises under the amended Rule’s definition of “franchise seller,“ which includes brokers. The Statement of Basis and Purpose to the amended Rule states that a “broker“ is a person who: “(1) is under contract with the franchisor relating to the sale of franchises; (2) receives compensation from the franchisor related to the sale of franchises; and (3) arranges franchise sales by assisting prospective franchisees in the sales process.“ At the same time, the Statement of Basis and Purpose states that the term “broker“ is sufficiently narrow to exclude existing franchisees who may refer potential franchisees to the franchisor because such individuals are not “under contract with the franchisor to sell franchises.“ 72 Fed. Reg. 15,462 n. 169 (Mar. 30, 2007).
  8. Item 19 of the amended Rule deletes the UFOC’s express permission to use performance results of substantially similar businesses of affiliates. Was this intentional? Does the amended Rule now prohibit the use of performance claims based upon affiliates?Answer: All financial performance representations must have a “reasonable basis.“ When a franchisor has adequate performance data of its own upon which to base a performance representation, basing a financial performance representation on affiliate information likely would not be “reasonable.“ Nevertheless, in limited circumstances, a franchisor may base a financial performance claim upon the results of operations of the substantially similar business of an affiliate.The question posed above refers to the following statement in the UFOC Guidelines’ instructions for Item 19:

    “In the absence of an adequate operating experience of its own, a franchisor may base an earnings claim upon the results of operations of a substantially similar business of a person affiliated with the franchisor or franchisees or that person; provided that disclosure is made of any material differences in the economic or market conditions known to, or reasonably ascertainable by, the franchisor.“

    The amended Rule does not incorporate this specific language; nevertheless, consistent with the UFOC Guidelines, the amended Rule does allow franchisors to use affiliate information as a basis for a performance claim in certain narrow circumstances – specifically, when the franchisor lacks an adequate operating experience of its own. However, as in the case of using any financial performance representation based on a subset of outlets that share a particular set of characteristics, the franchisor must also disclose any characteristics of such outlets that may differ materially from the outlets being offered for sale.

  9. Should “development agents“ be treated as subfranchisors because they provide post-sale services to franchisees and, thus, must include financial statements and other information in the disclosure document?Answer: No. Even if a person performs post-sale on behalf of a franchisor, that person or entity is not a “subfranchisor“ under the amended Rule unless that person is a party to the franchise agreement (or to another agreement involved in the franchise). This is true regardless of the name given to the person, be it “development agent,“ “area developer,“ or “regional developer.“Staff’s determination as to whether a “development agent“ should be considered a “subfranchisor“ begins with consideration of how the amended Rule treats the term “subfranchisor.“ The amended Rule delineates the term “subfranchisor“ within the definition of the term “franchisor,“ as follows:

    Franchisor means any person who grants a franchise and participates in the franchise relationship. Unless otherwise stated, it includes subfranchisors. For purposes of this definition, a “subfranchisor“ means a person who functions as a franchisor by engaging in both pre-sale activities and post-sale performance.

    Thus, a “subfranchisor“ is a person “who functions as a franchisor;“ by use of the qualifying phrases “grants a franchise“ and “participates in the franchise relationship,“ the amended Rule clarifies that in order to be considered a subfranchisor, a party must have – as a franchisor has – (1) the authority to enter into a franchise agreement (or another agreement relating to the franchise), and (2) as a result of entering into such an agreement, that party is obligated to perform after the purchase of the franchise is consummated.

    The role of a subfranchisor is materially different from that of a broker, for example, because a broker typically is not a party to the franchise agreement and does not have post-sale contractual obligations to franchisees. In this regard, the amended Rule’s Statement of Basis and Purpose, in the discussion of Item 21 regarding subfranchisor financial information, states that “the term ‘subfranchisor’ is limited in the Rule to circumstances where the subfranchisor steps into the shoes of the franchisor by selling [franchises] and performing post-sale obligations. It does not reach those individuals who may be called ‘subfranchisors,’ but who act like brokers, having no post-sale commitments to franchisees.“ 72 Fed. Reg. 15,511 (Mar. 30, 2007).

  10. What constitutes a “fill-in-the-blank” provision for purposes of the requirement [§ 436.2(b)] that when a franchisor makes unilateral and material changes in the terms and conditions of an agreement, a prospective franchisee must receive the revised agreement at least seven calendar days signing? The Statement of Basis and Purpose indicates that material changes in the terms and conditions of do not include instances where “the only differences between the standard agreements and the completed agreements are ‘fill-in-the-blank’ provisions, such as the date, name, and address of the franchisee.” But might there be other “fill-in-the-blank” provisions that would not necessarily trigger the seven-day waiting period?Specifically – with respect to a protected territory – can a franchisor avoid the seven-day waiting period by disclosing a general formula for determining a protected territory in the copy of the standard agreement attached to the disclosure document with a blank to be filled in later for the specific term in the actual franchise agreement that the parties will sign?Similarly, could a franchisor avoid the seven-day waiting period by disclosing a range of initial fees, with a blank in the agreement that the parties will sign to be filled in later for the exact fee?

    Answer: In the Statement of Basis and Purpose, the Commission made clear that it will interpret “fill-in-the-blank” provisions narrowly. “To the extent that substantive contractual details – such as geographic area of a protected territory and interest rates – are not disclosed in the basic disclosure document or its attachments, then the completed document must be disclosed seven calendar days before signing.” 72 Fed. Reg. 15471 n.277 (Mar. 30, 2007). The seven-day waiting period ensures that, before entering into any franchise agreement or paying any related fee, a prospective franchisee can review and understand all material terms and conditions of the franchise arrangement. Accordingly, where the franchisor includes in the franchise agreement material terms that previously have not been disclosed or unilaterally changes material terms that previously have been disclosed, then the amended Rule requires that the prospective franchisee have at least seven calendar days to review the proposed revised agreement. This does not extend to non-substantive, fill-in-the-blank provisions.

    Substantive terms of a franchise arrangement – such as fees, interest rate, and the parameters of a protected territory – must be disclosed in the agreement attached to the basic disclosure document or the franchisor must afford the prospect seven days to review the terms before signing or paying a fee. Of course, if the parties are negotiating such terms at the initiation of the prospect, then no additional waiting period is required.

    On the other hand, with respect to protected territories, a franchisor may fill in a term in a franchise agreement without triggering the seven-day review period, provided the territory previously has been identified, but the exact name or circumstance was unknown at the time of disclosure. For example, if it is a franchisor’s practice to grant protected territories on a county-wide basis, the franchisor may include a statement in its disclosure document to the effect that: “We assign protected territories by county. Your protected territory will be [name of county], in [state].” This sufficiently details the scope of the protected territory – an entire county – to enable the prospect to apply the statement to his or her specific proposed outlet without any further explanation. In the opinion of FTC staff, filling in the exact name of the county at a later date would not necessarily constitute a substantive change. Nevertheless, a vague description of a protected territory – such as a statement that the protected territory will range from 1 to 10 miles from the prospective franchisee’s outlet – is insufficiently detailed to give a prospective franchisee notice of the likely scope of his or her territory; filling in the exact number of miles at a later date, therefore, would be a substantive modification of the franchise agreement triggering the seven-day waiting period.

  11. Item 21 of the amended Rule permits a new franchisor to issue an unaudited initial balance sheet, so long as that balance sheet is “prepared in accordance with generally accepted accounting principles.“ What does that mean? In other words, what is the CPA’s responsibility to verify the data, and what is the franchisor’s responsibility in terms of the data used to prepare the statement?Answer: While Item 21 permits start-up franchisors that do not already have audited financial statements to phase-in audited financial statements, it nonetheless states that franchisors must prepare audited financial statements as soon as practicable, and it instructs that an unaudited statement must be prepared “in a format that conforms as closely as possible to audited statements.“ In the Statement of Basis and Purpose for the amended Rule, the Commission stated that an audit is not required for start-up franchisors, but financial statements nonetheless must conform to generally accepted accounting principles (“GAAP“). There is no requirement in the amended Rule that the opening balance sheet be prepared by an accountant, and it may well be the case that many start-up franchisors will not employ an accountant to prepare such balance sheets. While franchisors have flexibility in preparing such statements, in the opinion of FTC staff, a franchisor’s management would be expected to look to GAAP for guidance. For example, staff would expect an opening balance sheet to be in the format of a typical balance sheet prepared under GAAP and to include explanatory notes, where warranted, to ensure that the balance sheet is clear and accurate. In short, balance sheets must be in a format that conforms as closely as possible to audited statements prepared under GAAP. Further, to avoid any confusion with an audited balance sheet, the franchisor must clearly and conspicuously note that the balance sheet is unaudited.
  12. The amended Rule requires franchisors to disclose on the Item 23 receipt page the “name, principal business address, and telephone number of each franchise seller offering the franchise.” Who is a “franchise seller” for purposes of this disclosure? If at the time of furnishing the disclosure document a franchisor does not know the particular seller, such as a broker, what should Item 23 of the disclosure document say?Answer: A “franchise seller,” under the amended Rule is “a person that offers for sale, sells, or arranges for the sale of a franchise. It includes the franchisor and the franchisor’s employees, representatives, agents, subfranchisors, and third-party brokers who are involved in franchise sales activities.” As stated in the Statement of Basis and Purpose for the amended Rule, this disclosure provides prospective franchisees with contact information for any seller with whom they are dealing and is “also helpful for law enforcement purposes, identifying who may be responsible for furnishing the disclosures.”1When preparing the receipt page, franchisors should identify and include contact information for those particular sellers “offering the franchise.” That means those persons who have significant contacts with the prospective franchisee – for example, individuals assisting specific prospective franchisees in completing the application and other forms, or engaging in ongoing conversations with the specific prospective franchisees throughout the sales process. FTC staff believes, in particular, that any person who receives a sales commission and/or quota credit if the deal is consummated are the type of “franchise seller” who must be listed on the receipt.

    The Statement of Basis and Purpose makes clear that this disclosure requirement is not intended to replicate Item 2 of the current UFOC Guidelines – that is, franchisors should not include a generalized list of all subfranchisors, brokers, or other individuals that may be involved in the sales process, but who do not have contacts with the individual prospective franchisee who will sign the receipt page2. Nevertheless, FTC staff recognizes that the identity of a franchise seller may not be known at the time the franchisor furnishes the disclosure document. This is particular true if, under the amended Rule, the prospective franchisee takes advantage of the right to obtain a copy of the disclosure document early in the sales process.

    A franchisor need not create an individualized disclosure document for each franchise sale. It is the FTC staff’s view that if, at the time of furnishing the disclosure document, a franchisor does not know the particular seller, such as a broker, the franchisor has several options. First, a franchisor could include an instruction in the receipt page that the prospective franchisee write in the name of the franchise seller before signing and returning the receipt page to the franchisor. Second, the franchisor could: (1) attach to the previously signed receipt a statement, business card, or other document showing the name of the seller; and (2) send a copy of the attachment to the prospective franchisee so that the prospective franchisee has a copy of the completed receipt. At that point, both the franchisor and prospective franchisee will each have a copy of the same receipt. In short, in the FTC staff’s view, the absence of an identifiable seller at the time of disclosure should not force a delay in the prospective franchisee’s ability to sign the receipt page, provided that the receipt page is updated once the identity of the seller is known.

    Finally, FTC staff notes that the amended Rule’s instructions require franchisors to retain for each completed franchise sale “a copy of the signed receipt for at least three years.” Staff expects that copies of signed receipts will include the required contact information for sellers, either because such contact information was filled in before the franchisor furnishes disclosures or was attached to the receipt once such contact information was known after the prospective franchisee signed the receipt.


    1 72 Fed. Reg. 15445, 15513 (Mar. 30, 2007)

    2 Id.

  13. May a franchisor use separate charts in Item 17 for different types of franchise agreements?Answer: Yes. A franchisor always can use separate charts for different agreements (e.g., subfranchisor agreements), whether those be in Item 17, Item 20, or other disclosure items.As noted in the Statement of Basis and Purpose, the amended Rule should be applied in a manner that is consistent with historic practices. For instance, with respect to this particular issue, the NASAA commentary on Item 20 specifically states that franchisors should use separate charts for statistics reflecting a subfranchisor’s region and for statistics reflecting national data for the franchise being offered. The use of separate charts for different agreements fosters precision and clarity, consistent with the goal of full and accurate disclosure.
  14. The amended Rule prohibits a franchisor from failing, “upon reasonable request,” to furnish a copy of its disclosure document to a prospective franchisee early in the sales process. What happens if a prospective franchisee asks for a copy of the disclosure document at a time when the franchisor is in the process of preparing its annual update or is awaiting registration in one or more of the registration states? Should the franchisor furnish a document that it knows will soon be updated with more current information?Answer: [Note: See also FAQ 24] If a request for disclosures comes at a point in time when a franchisor is not obliged by section 436.7 to have just finished updating its disclosures, the franchisor may provide the then-current version of the disclosures, even if the disclosures will change with the next required update. For example, if the franchisor is in the middle of its fiscal quarter or is in the middle of the 120-day period after the close of its fiscal year for preparing an annual update, it may continue to provide prospects with its most current document. In order to avoid any possible misrepresentations, however, the “best practices” would be for the franchisor to inform the prospect that it is preparing revised disclosures and to make such revised disclosures available to the prospective franchisee when issued or registered. At the very least, however, the franchisor must provide copies of its updates to a prospect, upon reasonable request, before the prospect signs the franchise agreement.The amended Rule, like the original Rule, provides specific times when a franchisor must furnish its disclosure documents. It also specifies when a franchisor must update its disclosures. But the amended Rule does not require a franchisor to update its disclosures continuously or immediately upon every new occurrence, or to stop selling until it has updated its disclosures. Accordingly, the franchisor may give out its then-current disclosure document pursuant to either the amended Rule’s 14 calendar-day disclosure requirement [§ 436.2(a)], or the amended Rule’s requirement to provide the disclosure document “earlier in the sales process than required under § 436.2 of this part, upon reasonable request.” Nevertheless, in the latter instance, prospects who request and receive the disclosure document early in the sales process may not, when they are about to sign the franchise agreement, have the benefit of the most current information. Therefore, the Commission included § 436.9(f) in the amended Rule, which forbids a franchisor from failing to furnish a copy of its most recent disclosure document and any quarterly updates to a prospective franchisee, upon reasonable request, before the prospective franchisee signs a franchise agreement.
  15. How may a franchisor taking advantage of the amended Rule’s disclosure provisions effectively comply with the Item 23 receipt requirement?Answer: The amended Rule permits franchisors flexibility in complying with the Item 23 receipt requirements. Below is the staff of the Commission’s view on three possible alternatives posed by practitioners.

    A. Use of link to external receipt webpage

    Section 436.6(d) of the amended Franchise Rule prohibits franchisors from including in any electronic disclosure document external links to materials outside of the disclosure document itself. The first requester proposes an exception to this prohibition for the limited purpose of facilitating compliance with the amended Rule’s Item 23 receipt requirement. Specifically, he proposes that franchisors be permitted to place an icon (such as a “submit” or “submit receipt” button) on the Item 23 receipt page that links it to an external receipt webpage where the prospective franchisee could acknowledge receipt of the document. According to this proposal:

    For the following reasons, FTC staff believes the proposed limited use of an external link to a web-based receipt page, as described above, is permitted under the amended Rule, because it is consistent with the goal of permitting electronic disclosure and does not diminish the level of protection the amended Rule provides to prospective franchisees.

    As noted above, the amended Rule prohibits the use of external links. This prohibition is necessary to preserve the integrity of a disclosure document. Without this prohibition, nothing would prevent a franchisor from including external links to materials that are either false or deceptive, that contradict the franchisor’s authorized disclosures, or that are not required or permitted by either federal or state franchise disclosure laws. Nevertheless, § 436.6(d) of the amended rule does allow inclusion of scroll bars, internal links, and search features “for the sole purpose of enhancing the prospective franchisee’s ability to maneuver through an electronic version of a disclosure document.”

    As proposed in the requester’s letter, the external link to a webpage accessible only to recipients of a disclosure document would facilitate compliance with the Item 23 receipt requirement. The proposed webpage would be identical to the Item 23 receipt page, with the addition of instructions for submitting the receipt. This is consistent with amended Rule Item 23, which permits franchisors to include instructions for submitting the receipt in the receipt page itself. Finally, this proposal ensures that no other links or materials will be accessible from the webpage, thereby preventing access to materials that may be deceptive or false, contradictory, or not required or permitted in a disclosure document by federal or state law. Accordingly, in the opinion of FTC staff, it would not violate the amended Rule for a franchisor to include a link in the receipt page to a webpage that facilitates submission of the Item 23 receipt provided that: (1) the web-based receipt page is accessible only by prospective franchisees from Item 23 of an electronic disclosure document; and (2) no other content or external links are included in the web-based receipt other than information required or permitted by Item 23 of the amended Rule (i.e., instructions for submitting the receipt).

    B. Icon enabling prospective franchisees to print receipt page

    A second requester suggests that franchisors be permitted to include an icon on the electronic receipt page, that, when pressed, would enable the prospect to print out a copy of just the receipt, which could then be signed and mailed or faxed to the franchisor. This would facilitate compliance with the Item 23 receipt requirement by enabling prospects to print out the receipt without printing out the entire disclosure document. In the opinion of FTC staff, this is an acceptable method of ensuring compliance with the amended Rule’s receipt page requirement.

    C. Separate receipt page attachment

    Finally, a third requester suggests that franchisors be permitted to email a prospect two documents: (1) the basic disclosure document; and (2) a separate receipt page that could be printed out, signed, and returned to the franchisor. In FTC staff’s opinion, this would not be an acceptable method of complying with the Item 23 receipt page requirement because, it would be possible for a prospect to open nothing but the separate receipt page. In such an instance, there would be no proof that the prospect, in fact, was able to open and had the opportunity to review the disclosure document itself. The scenario proposed by the third requester could easily be modified, however, using one of the two methods posited by the other two requesters that are discussed above – inserting a link to a separate web-based receipt page in the text of the Item 23 receipt itself, or including an icon in the Item 23 receipt that enables a prospect to print out just the receipt page. Either of these two approaches would ensure that each prospect submitting a receipt had, in fact, opened the electronic disclosure document.

    • The external receipt webpage would be accessible only from a link in either of the two receipt pages that are included within the electronic disclosure document;
    • The external receipt webpage would include only an online form to be completed for the purpose of acknowledging receipt of the disclosure document. The content of the online form would be identical to that required under Item 23 of the amended Rule, adapted only to accommodate the online process (such as including instructions necessary for completing and submitting the form); and
    • The external receipt webpage would contain no additional content or secondary links.
  16. What is the scope of the “parent” disclosures, as set forth in Items 1, 3, 4, and 21 of the amended Rule?Answer: The scope of the “parent” disclosures in the amended Rule varies depending upon the specific disclosure items. Below, FTC staff addresses specific questions that have been raised regarding the parent disclosures found in Items 1, 3, 4, and 21 of the amended Rule. As an initial matter, the original Franchise Rule, unlike the Uniform Franchise Offering Circular (“UFOC”) Guidelines, always has required the disclosure of parent information, even though the states do not require the disclosure of such information. Accordingly, in large measure, the amended Franchise Rule retains these provisions from the original Rule, with some modifications, as discussed below.Before addressing the specific parent disclosures set forth in the amended Rule, FTC staff notes the definition of “parent” set out at section 436.1(m): “an entity that controls another entity directly, or indirectly through one or more subsidiaries.” The definition focuses on “control,” not mere ownership. Accordingly, a parent that merely owns, but does not control, a franchise system – for example, the parent does not shape the franchisor’s policies or control franchise sales or operations – is not a “parent” for purposes of any disclosure item.

    A. Item 1: Identity of any parents

    One question is whether the term “parent” in Item 1 is intended to be interpreted narrowly to cover only the “ultimate parent that controls all the subsidiaries.” Item 1 requires franchisors to disclose “[t]he name and principal business address of any parents.” The use of the word “parents” is intentional, anticipating that a franchisor may be required to disclose one or more parents, provided that such parents control the franchisor. This issue is addressed in the SBP.1There, the Commission made clear that a franchisor must disclose all parents, including intermediate parents, specifically rejecting the suggestion that only the ultimate parent be disclosed.2

    This does not mean that a franchisor must disclose all parent-entities in the chain of ownership of the franchisor. Rather, the franchisor must disclose only those parents that in fact exercise control over the policies and direction of the franchise system, consistent with the definition of parent, as mentioned above. As the Commission noted in the Statement of Basis and Purpose (“SBP”), the disclosure of parents – meaning those entities that control the franchise system – is necessary to “ensure that a prospective franchisee understands who may control or influence the franchisor’s operations.” 3 For many franchise systems, this may mean the “ultimate parent,” but such determinations can be made only on a case-by-case basis depending upon the particular facts.

    B. Item 3: Litigation

    Another question asks about the scope of the obligation to disclose parent litigation. Preliminarily, FTC staff notes that Item 3 specifies that litigation of a parent is required only if the parent “induces franchise sales by promising to back the franchisor financially or otherwise guarantees the franchisor’s performance.” Specifically asked is what difference, if any, exists between “financial backing,” on the one hand, and “guaranteeing performance,” on the other.

    “Financial backing” here is intended to refer to promises that a parent may make to ensure that the franchise system is and remains on stable financial footing. Typically, this would mean that the parent promises to infuse the franchisor with cash or other assets or to extend credit, if needed, or to pay debts to third parties on behalf of the franchisor. In such a case, the franchisor or its parent induces franchise sales by representing that the purchase of a franchise is a safe investment because the parent will directly or indirectly pay third-party debts – thereby keeping the franchise system financially stable – if the franchisor cannot make such payments itself.

    On the other hand, “guaranteeing performance” refers to promises made between the franchisor’s parent and the franchisor for the benefit of franchisees or from the franchisor’s parent directly to franchisees. Typically, this means that the parent promises to perform obligations to franchisees that the franchisor has undertaken in its franchise agreement, if the franchisor is unable to do so. In such a case, the parent induces franchise sales by promising to fulfill the franchisor’s obligations to franchisees, if the franchisor cannot perform such obligations itself.

    C. Item 4: Bankruptcy

    Another question asks whether the use of singular term “parent” in the Item 4 bankruptcy disclosures is meant to be distinct from the plural term “parents” in Item 1. Specifically asked is whether, for Item 4 purposes, it is sufficient to disclose only the ultimate parent’s prior bankruptcy, or must intermediate parents be disclosed as well.

    The disclosure of parent information in Item 4 is intended to be consistent with that of Item 1. If any of the parents listed in Item 1 have had a bankruptcy in the relevant time period, then that information must be disclosed in Item 4. Indeed, in the SBP, the Commission specifically rejected comments suggesting that parent bankruptcy disclosures are unwarranted, finding that parent information is material. The Commission noted, for example, that when a parent is in bankruptcy its assets include any franchisor-subsidiary. “Under such circumstances, a prospective franchisee should be made aware that the franchisor in which it is considering investing might be sold, possibly to a competitor or to a company lacking prior franchise experience.”4

    D. Item 21: Financial statements

    Item 21 requires the disclosure of parent financials if the parent “commits to perform post-sale obligations for the franchisor or guarantees the franchisor’s obligations.” A question posed is whether the phrase “post-sale obligations for the franchisor” is intended to capture only those obligations that benefit franchisees, noting that a parent may agree to perform “back office services for the franchisor’s own internal purposes.” 5 In the opinion of FTC staff, the disclosure of parent financial information is required only when the franchisor’s parent commits to perform post-sale obligations for the direct benefit of franchisees. Agreements between a franchisor and its parent for administrative and other services for the franchisor’s internal purposes do not trigger the parent financial disclosure requirement.6

    Another question is whether the requirement that a parent disclose its financials is triggered by any commitment to perform on behalf of the franchisor or whether the requirement is triggered only if the parent commits to perform something more, such as committing to perform substantial post-sale obligations or a preponderance of the post-sale obligations that have to be provided to the franchisee.

    As noted above, the amended Rule requires parent financial statements where the parent commits to perform or guarantees the franchisor’s obligations. FTC staff believes that the use of the plural “obligations” was intended to convey that the performance of a single or isolated obligation alone is insufficient to trigger the parent financials disclosure. At the same time, Item 21 sets forth no specific threshold standard, such as “substantial obligations,” or “preponderance of obligations.” Accordingly, FTC staff would expect a parent to disclose its financials if it commits or guarantees to perform more than an isolated obligation to franchisees on behalf of the franchisor.


    1 72 Fed. Reg. 15445, 15475 (Mar. 30, 2007).

    2 Id. n.317. Only the identify of the parent(s) need be disclosed in Item 1. As discussed in the SBP, “[i]n contrast with the Item 1 disclosures for affiliates and predecessors, a franchisor need not disclose, for example, the parent’s business background, length of time selling franchises or engaging in other lines of business.“

    3 Id.

    4 72 Fed. Reg. at 15484.

    5 An additional question is whether Item 21 requires the disclosure of an affiliate’s financials, if the affiliate commits to perform post-sale obligations for the franchisor. The amended Rule makes clear that the disclosure of an affiliate’s financials is voluntary, if the affiliate “absolutely and unconditionally guarantees to assume the duties and obligations of the franchisor under the franchise agreement.“ 16 C.F.R. § 436.5(u)(1)(iii). Accordingly, an affiliate need not disclose financials unless it qualifies as a “parent“ and commits to perform or guarantees the franchisor’s post-sale obligations.

    6 A related question is whether the parent financials disclosure would be triggered if a parent’s employees perform services on behalf of a franchisor. Arguably, such services are akin to providing back office support for the franchisor. In other words, is the Item 21 parent financials disclosure obligation limited to where the parent commits to perform obligations directly for the benefit of franchisees under the name of the parent company – meaning that franchisees are specifically looking to the parent company to provide those services (and not simply because an employee of the parent working for the franchisor provides some service for the franchisee)? In the opinion of FTC staff, the Item 21 parent financials disclosure is intended to cover formal arrangements between the parent and franchisor for the benefit of franchisees or formal arrangements directly between the parent and franchisees. The performance of post-sale obligations by a parent’s employee for the benefit of franchisees does not trigger the Item 21 parent financial disclosures, absent a formal commitment or guarantee on the part of the parent to perform.

  17. Can financial statements be audited by a Canadian chartered accountant who is unable to state that he or she is an independent certified public accountant? What about other foreign accountants?Answer: In the view of FTC staff, a Canadian or other foreign accountant or accounting firm
    may audit financial statements for Franchise Rule purposes if the accountant or accounting firm (1) is registered with the Public Company Accounting Oversight Board (“PCAOB”); and (2) recently audited one or more financial statements that have been filed with and accepted by the SEC.Discussion: The question arises from Section 436.5(u) of the amended Franchise Rule (Item 21), which provides that each disclosure document required under the Rule must contain financial statements prepared “according to United States generally accepted accounting principles (GAAP), as revised by any future United States government mandated accounting principles, or as permitted by the Securities and Exchange Commission (SEC).” Further, these financial statements (with a limited exception for those start-up franchisors phasing-in financial statements) “must be audited by an independent certified public accountant (CPA) using generally accepted United States auditing standards (GAAS).” 1

    FTC staff do not interpret use of the term “CPA” in the Franchise Rule as permitting only an American CPA to audit financial statements. In staff’s view, the Franchise Rule uses the term “CPA” because typically in the offer of franchises in the United States it is a CPA that audits financial statements. The additional language regarding “generally accepted accounting principles (GAAP), as revised by any future United States government mandated accounting principles, or as permitted by the Securities and Exchange Commission (SEC),” argues for a more expansive interpretation than one that would narrowly allow only an American CPA to audit financial statements.

    As indicated in the Rule language quoted above, in considering whether foreign accountants may audit financial statements for Franchise Rule purposes, FTC staff look to comparable federal policies regarding public companies in the securities area. In this regard, the Sarbanes-Oxley Act of 2002 established the Public Company Accounting Oversight Board (“PCAOB”), which, among other things, is charged with setting forth and monitoring auditing standards. Section 102 of that Act prohibits accounting firms that are not registered with the PCAOB from preparing or issuing audit reports on U.S. public companies and from participating in such audits. Further, section 106(a) of the Act provides that any non-U.S. public accounting firm that prepares or furnishes an audit report with respect to any U.S. public company is subject to the Board’s rules to the same extent as a U.S. public accounting firm. Therefore, in accordance with Sarbanes-Oxley, FTC staff believe that, at the very least, any foreign accounting firm seeking to audit financial statements for purposes of the Franchise Rule must register with the PCAOB.

    Foreign PCAOB registered accountants are subject to the same auditing standards as American PCAOB registered accountants. Under SEC rules, financial statements must be prepared using GAAP (or in accordance with another comprehensive basis of accounting standards, with an audited reconciliation to U.S. GAAP). 2 In addition, foreign auditors, like their American counterparts, must satisfy independence requirements.3 Foreign accountants are also subject to enforcement actions for any violation of federal securities laws.

    In addition to satisfying PCAOB registration requirements and SEC accounting and auditing standards for public companies, foreign accountants wishing to audit financial statements under the Franchise Rule must meet any additional qualifications imposed by the SEC. This includes a review of the foreign accountant’s quality controls, personnel qualifications, knowledge of professional standards, and recent audit performance. This review is typically conducted by a consultant retained by the foreign accounting firm. The foreign accountant must have all filings with the SEC that contain its audit report reviewed by an American or foreign accountant knowledgeable with respect to U.S. GAAP, PCAOB standards and requirements, and SEC rules and regulations. Currently, that means that the reviewing accounting firm must determine, among other things, that the filings have been be prepared using U.S. GAAP and audits have been prepared using U.S. GAAS. 4The reviewing accounting firm, however, reviews the filing only and need not perform a complete audit on the reviewed material.

    Applying these principles, Commission staff believes that foreign accountants or accounting firms may audit financial statements for Franchise Rule purposes consistent with PCAOB and SEC policies. That means that all foreign accounting firms wishing to prepare audited financials under the Franchise Rule must: (1) be registered with PCAOB; and (2) recently audited one or more financial statements that have been filed and accepted by the SEC.


    1 The Commission staff will look to SEC rules and policies when determining what constitutes “U.S. GAAS.“

    2 17 C.F.R. § 210.2-02(b).

    3 17 C.F.R. § 210.2-01.

    4 Commission staff recognizes that SEC rules and policies may change with respect to what constitutes generally accepted auditing standards. We intend to interpret the Franchise Rule’s accounting, as well as auditing standards, consistent with SEC practice.

  18. Does Item 8 of the amended Rule require the disclosure of a de minimis ownership interest in a supplier by an officer of the franchisor, and is there a threshold level of ownership that triggers disclosure.Answer: A de minimis ownership interest that would not be “material“ to an investment decision by a prospective franchisee need not be disclosed in Item 8. 16 C.F.R. § 436.5(h)(3); see 72 FR 15444, 15487-88 & n.451 (Mar. 30, 2007). The question of whether an officer’s interest in a supplier is “material,“ however, is a factual one that necessarily requires consideration of all the facts and circumstances, and cannot be answered in the abstract. Consequently, there can be no fixed “threshold“ level of ownership that would uniformly provide a safe harbor for officers with a financial interest below a specified level.Generally, it can be said that the more direct an officer’s ownership interest is in a supplier, such as ownership of a controlling interest in the supplier’s stock, the more likely it is that staff would deem the ownership interest to be material. Conversely, the more indirect and attenuated the ownership interest, the less likely it is that the interest would be deemed material. Thus, for example, if an officer of a franchisor owns shares of a diversified mutual fund that does not have a stated policy of concentrating its investments in a particular industry or line of business, the fact that the fund may acquire and hold stock in a supplier would not trigger the disclosure requirement.

    It is worth emphasizing that the requirement does not demand disclosure of the identity of the officer with the ownership interest, or even the extent of the interest. It only requires the identification of “any supplier“ from which franchisees are required to make a purchase in which an officer of the franchisor owns “an interest.“ Franchisors therefore would be well advised, in assessing the materiality of an officer’s interest, to err on the side of disclosure.

  19. Does Item 20 of the amended Rule require franchisors to disclose the names of franchisees that have binding franchise agreements, but have not opened an outlet, and of former franchisees who never opened an outlet?Answer: Yes. Item 20 requires franchisors to: “[d]isclose the names of all current franchisees and the address and telephone number of each of their outlets,“ 16 C.F.R. § 436.5(t)(4) (emphasis added). Item 20 also requires franchisors to “[d]isclose the name, city and state, and current business telephone number, or if unknown, the last known home telephone number of every [former] franchisee.“ 16 C.F.R. § 436.5(t)(5).Section 436.1(i) of the amended Rule defines “franchisee“ as “any person who is granted a franchise.“ 16 CFR 436.1(i). The breadth of this definition of “franchisee“ unquestionably includes current franchisees who have valid and enforceable franchise agreements, but have not yet opened an outlet, as well as former franchisees who never opened an outlet. Similarly, it includes non-traditional franchised businesses where there may be no physical outlet (e.g., an Internet business).

    In making the required disclosure for current franchisees, franchisors may not be able to disclose “the address and telephone number“ for an outlet that has not yet opened or where no physical outlet is required to operate the business. Where no outlet has opened, the required disclosure can be made by listing the name of the franchisee, the city and state where the franchise will be located (if a location has not yet been determined), and noting that an outlet has “not yet opened.“ If the franchisee has a business telephone number or email address where he or she can be contacted, that information should be provided in place of the telephone number of the outlet, since the purpose of this disclosure is to enable prospective franchisees to contact existing franchisees.

    In making this disclosure for a current franchise that does not need a physical outlet to operate the franchise, the franchisor can comply by listing the name of the franchisee and noting that “no physical outlet exists.“ In this case, however, the franchisor should also disclose a business address and business telephone number for the franchisee, if either exists. If not, the franchisor should disclose the city and state where the franchisee is located together with an internet website address or email address where the franchisee can be contacted.

    Similar information about a former franchisee who never opened an outlet, or whose franchise did not require a physical outlet, must be included in the separate listing of former franchisees in Item 20. In making that disclosure, however, a franchisor is required to disclose the franchisee’s last known home telephone number if a reasonable effort to obtain a current business telephone number is unsuccessful. If a former franchisee requests that alternative contact information be disclosed – such as an email address, post office address, or personal home address – then it is not a violation of the Franchise Rule for a franchisor to honor the request and substitute the alternative contact information for the last known home telephone number.

  20. When a franchise broker seeks to induce franchise purchases by independently offering a rebate or similar payment from its own funds, must a franchisor disclose that fact? May such a rebate offer be limited in its duration?Answer: As a general matter, a Franchise Disclosure Document (“FDD”) must include information about a franchise broker only if the broker both “grants a franchise and participates in the franchise relationship.” Thus, unless a broker is a party to a franchise agreement under which it has post sale obligations to the franchisee, it is not a “subfranchisor” subject to disclosure obligations under the Rule. 16 C.F.R. § 436.1(k).If, as is more typical, a franchise broker has no contractual post-sale obligations to the franchisee, it does not “participate in the franchise relationship” and disclosures about the broker are not required by the Rule. Consequently, if such a broker chooses to offer a rebate or similar payment from its own funds independently of the franchisor, and does not receive a sales commission from the franchisor that has been inflated to cover the cost of the offered payment, nothing in the Rule would require the franchisor to disclose the broker’s offer of a rebate or similar payment in its disclosure document.

    Similarly, nothing in the Rule would ordinarily restrict a broker’s freedom to limit the duration of a rebate or similar offer. It is important to note, however, that a franchise broker is a “franchise seller” under the Rule because it “offers for sale, sells, or arranges for the sale of a franchise.” 16 C.F.R. § 436.1(j). As such, a broker is subject to three Rule prohibitions that could be implicated if the impending expiration of a short-term rebate offer were to deprive a prospective franchisee of the rights these prohibitions are designed to protect: (1) The right to obtain a copy of the franchisor’s most recent disclosure document and quarterly updates upon reasonable request before signing a franchise agreement (16 C.F.R. § 436.9(f)); (2) The right to review a franchise agreement that differs materially from the agreement attached to the FDD for at least seven days before signing it (16 C.F.R. § 436.9(d)); and (3) The right not to have to disclaim or waive reliance on the representations made by the franchisor in the FDD.

  21. May a franchisor require a prospective franchisee to list the statements in the franchisor’s disclosure document that he or she regards as material to his or her decision to sign the franchise agreement?Answer: No. Under the Franchise Rule, a prospective franchisee is entitled to regard as material each and every statement in a franchise disclosure document. The text of the Rule as well as the Compliance Guide make it clear that section 436.9(h) reflects a Commission finding that each disclosure required by the Rule is material to a prospective franchisee’s investment decision.Specifically, a “franchise seller” may not “require a prospective franchisee to waive reliance on any representation made in the disclosure document or in its exhibits or amendments.” 16 C.F.R. § 436.9(h). (The definition of “franchise seller” in section 436.1(j) specifies that this term “includes the franchisor and the franchisor’s employees,” among others.) Forcing a prospective franchisee to designate certain select statements as “material” would invite the conclusion that statements not selected are not material, and a court reasonably could construe a franchisee’s failure to select one or more particular statements as the prospective franchisee’s waiver of reliance on those particular statements.

    Therefore, any requirement that a prospective franchisee provide a list of the statements from the franchisor’s disclosure document that the prospective franchisee regards as material would be contrary to the express terms of the prohibition in section 436.9(h), and would seek to accomplish indirectly what that provision directly prohibits.

  22. If a prospective franchisee has received a UFOC disclosure document prior to July 1, 2008, but has not purchased a franchise by that date, must the franchisor provide the prospective franchisee with its Franchise Disclosure Document (“FDD”) 14 calendar days before he or she pays any money or signs a binding agreement in connection with the proposed franchise sale?Answer: The Rule does not require a franchisor to give its FDD to a prospective franchisee who has already received a UFOC disclosure document prior to July 1, 2008, unless he or she makes a reasonable request for the most recent disclosure document and quarterly updates pursuant to Section 436.9(f) of the Rule.
  23. Must a franchisor identify more than a single individual as a “franchise seller” on its Item 23 receipt, or must a franchisor supplement the receipt page if that is necessary to list every individual with whom a prospective franchisee has significant contacts before the sale is concluded? If any supplementation is required, would it trigger a new 14 calendar day waiting period before a sale may be completed, or may the supplementation be accomplished at the closing of a sale by requiring a purchaser to list all the individual franchise sellers with whom she has had significant contacts?Answer: As FAQ 12 indicates, franchisors must identify and include contact information in the Item 23 receipt for “each franchise seller offering the franchise.” Unless a potential purchaser deals with only one individual before buying the franchise, identifying a single individual as the “franchise seller” may not comply with the requirement, and supplementation of the list of franchise sellers may be necessary to include any individual with whom the purchaser has had significant contacts – that is, contacts in which material representations are made about the franchise.FAQ 12 emphasizes that in preparing their disclosures, franchisors must limit the Item 23 receipt’s identification of franchise sellers to the individuals with whom a particular potential purchaser actually has had or is reasonably likely to have significant contacts, rather than including every single franchise seller with whom any prospective franchisee in the U.S. might have some contact. Since not all of the individual franchise sellers with whom a particular potential purchaser may have significant contacts may be known at the time a franchisor furnishes the disclosure, FAQ 12 suggests several ways in which the receipt page may be supplemented to add or update the required disclosure before a sale is concluded. Any such supplementation will not trigger a new 14 calendar day waiting period because it does not alter the substantive disclosures required by the Rule.

    Item 23 places the burden on the franchisor, not on a prospective franchisee, to identify franchise sellers on the receipt page. As FAQ 12 suggests, it may be reasonable in some circumstances for franchisors to request a prospective franchisee’s assistance in identifying which individual franchise sellers in their local area they have dealt with, but that is not to say that franchisors may shift the disclosure burden of identifying franchise sellers to prospective franchisees. If, for example, a franchisor invites prospective franchisees to its headquarters for one or more days of discussions concluding with a franchise sale, as is not uncommon, the franchisor should know which of its officers and employees will have significant contacts with the prospect during those discussions.

  24. Does a franchisor risk violating section 436.9(e) of the Rule if a prospective franchisee makes a reasonable request for the franchisor’s Franchise Disclosure Document (“FDD”) earlier in the sales process than required by section 436.2, but at a time when an applicable state franchise investment law prohibits the franchisor from providing its FDD to that prospect until an amendment reflecting a material change has been filed with or made effective by the state?Answer: As a matter of enforcement policy, Commission staff would not recommend initiation of an action to enforce section 436.9(e) in such a circumstance if the franchisor can demonstrate that it: (1) advised the prospective franchisee that it was revising its FDD to reflect a material change; and (2) delivered the revised FDD as soon as permitted by the applicable state law, but in any event at least 14 calendar days before the prospective franchisee signed a binding agreement with, or made a payment to the franchisor or an affiliate in connection with the proposed franchise sale.FAQ 14 generally deals with this situation, and provides advice applicable in most states. However, FAQ 14 does not address the existence of some state franchise investment laws that do not permit the delivery of disclosures after a material change has occurred until revised disclosures reflecting the change have been filed with the state or reviewed and made effective by state regulators.

    As FAQ 14 notes, nothing in the Rule requires a franchisor to stop offering and selling franchises while it is in the process of updating its disclosures to reflect a material change. However, the same cannot be said for state franchise investment laws. Consequently, Commission staff will not recommend initiation of enforcement actions in the circumstances discussed above.

  25. Item 12 requires that a franchisor that does not provide an exclusive territory include a disclaimer underscoring that fact. What constitutes an “exclusive territory” that would permit a franchisor to omit this disclaimer?Answer: In accordance with its well-established usage in franchising, Commission staff construe the term “exclusive territory” to mean a geographic area granted to a franchisee within which the franchisor promises not to establish either a company-owned or franchised outlet selling the same or similar goods or services under the same or similar trademarks or service marks.If a franchise agreement omits either aspect of this two-fold commitment (neither company-owned nor franchised outlets within the territory), section 436.5(l)(5)(i) of the Rule requires the franchisor to insert the following disclaimer in Item 12:1

    You will not receive an exclusive territory. You may face competition from other franchisees, from outlets that we own, or from other channels of distribution or competitive brands that we control.

    Requiring the disclaimer quoted above when the franchisor does not establish company-owned or franchised outlets within the territory – but does reserve the right to make sales in that territory through alternative channels of distribution or competitive brands – would be inconsistent with the disclosure scheme in Item 12. In the case of both exclusive and non-exclusive territories, sections 436.5(l)(6)(i) and (iii) of the Rule separately require detailed disclosures about whether a franchisor reserves the right to sell through alternative channels or competitive brands. Consequently, the disclaimer is not necessary to prevent prospective franchisees from mistakenly believing that an exclusive territory includes protection against competition by the franchisor by either of those means.

    With exclusive territory so construed, Commission staff believe that any explanatory footnotes to the disclaimer will be unnecessary given the requirements of sections 436.5(l)(6)(i) and (iii), and more likely to be redundant and confusing than to clarify. Thus, pursuant to § 436.6(d) of the Rule, which prohibits inclusion in the Franchise Disclosure Document of “any materials or information other than those required or permitted by part 436 or by state law not preempted by part 436,” no explanatory footnotes should be included.


    1 Under Item 12, therefore, non-traditional franchises that cannot make any such commitment because they do not grant a geographic territory (e.g., internet-based franchises) are required to include the disclaimer.

  26. Does the “insiders” exemption in Section 436.8(a)(6) allow a company that has not yet publicly offered or sold franchises to sell a franchise to a manager with two years of experience with the company without providing that manager with a Franchise Disclosure Document (“FDD”)?Answer: No. The exemption from disclosure set out in Section 436.8(a)(6) is available only to an “individual with management responsibility for the offer and sale of the franchisor’s franchises or the administrator of the franchised network.” Until actual sales and operation of the franchise system has begun, a manager cannot acquire “responsibility for the offer and sale of the franchisor’s franchises” and there can be no “administrator of the franchised network.” Thus, sales to managers cannot be exempt until two years after the franchisor has begun public sales of franchises. Nevertheless, the exemption is available to an “owner,” “officer,” “director” or “general partner,” of a company both before and after it has begun public sales of franchises, who also meets the two-year requirement.While the Statement of Basis and Purpose for the Rule (“SBP”) indicates that the “insiders” exemption is intended not only for companies that have begun franchise operations, but also for start-ups that have not, the plain language of the Rule provision requires that managers have experience with the company after it has begun franchise operations. This restriction makes sense because an owner, officer, director or general partner of a start-up may be knowledgeable about franchising and have control over the terms of the contemplated franchise relationship, but a manager without actual experience with the company after it has begun franchising likely would not, and, therefore, would benefit from the disclosures in the FDD.
  27. May a franchisor that makes a financial performance representation in Item 19 include a statement that the franchisor does not make any other financial performance representation and has not authorized its employees or representatives to do so?Answer: Yes, a franchisor that makes a financial performance representation in Item 19 may include a statement that the franchisor does not make any other financial performance representation and has not authorized its employees or representatives to do so, provided the franchisor uses the statement set out below, with no modification, at the very end of its Item 19 financial performance representation:

    Other than the preceding financial performance representation, [name of franchisor] does not make any financial performance representations. We also do not authorize our employees or representatives to make any such representations either orally or in writing. If you are purchasing an existing outlet, however, we may provide you with the actual records of that outlet. If you receive any other financial performance information or projections of your future income, you should report it to the franchisor’s management by contacting [name, address, and telephone number], the Federal Trade Commission, and the appropriate state regulatory agencies.

    (This statement closely tracks the disclosure prescribed in Section 436.5(s)(2) for franchisors that make no financial performance representations. However, the first sentence of the Section 436.5(s)(2) disclosure here is tailored to fit the situation where the franchisor does make a financial performance representation.)

    FTC Staff are persuaded that the foregoing statement should be permitted notwithstanding the fact that Section 436.6(d) of the Rule prohibits franchisors from including any information in a Franchise Disclosure Document other than that “required or permitted by [the Rule] or by state law not preempted by [the Rule].” The Statement of Basis and Purpose for the Rule states:

    The Commission also recognizes that over the course of the years, franchisors have developed specific language approved by the states for compliance with the UFOC Guidelines. The Commission anticipates that . . . the Rule will be interpreted, where consistent with the public interest, in a manner that conforms with historic industry practices.”1

    FTC staff believe this to be an instance where the Commission’s enforcement approach should be informed by a longstanding practice in the industry. Many franchisors routinely included a similar caveat in their Item 19 disclosures under the Uniform Franchise Offering Circular (“UFOC”) Guidelines before the amended Rule took effect. The language prescribed above serves to alert prospective franchisees that no representative or employee of the franchisor is authorized to embellish the disclosure document by making a financial performance representation. It also tells prospective franchisees what to do if they receive such unauthorized financial performance representations.

    Therefore, FTC Staff are persuaded that it would be consistent with the public interest to allow franchisors that make a financial performance representation in Item 19 to continue to inform prospective franchisees that they do not make, and do not authorize their employees and representatives to make, any other financial performance representation, provided the statement is made in exactly the wording set out above, with no additions, deletions, or modifications.


    1 72 Fed. Reg. , 15444, 15449 n.54 (Mar. 30, 2007) (emphasis added), available athttp://www.ftc.gov/os/2007/01/R511003FranchiseRuleFRNotice.pdf.

  28. Section 436.5(t)(5) of the Rule requires disclosure in Item 20 of contact information for former franchisees. It also requires, “in immediate conjunction” with that information, a cautionary notice advising potential purchasers that their contact information may be disclosed if they buy a franchise and later leave the franchise system. May a franchisor disclose this information, including the required notice, in an exhibit or an attachment to its Franchise Disclosure Document (“FDD”)?Answer: Yes. A franchisor may disclose contact information for former franchisees in an exhibit or an attachment to its FDD, provided:Many franchisors include the contact information for current franchisees required by Section 436.5(t)(4) by referring in Item 20 to an exhibit or attachment to the FDD that contains what is often a lengthy, multi-page listing of this information. Most franchisors want to be able to use the same approach in making the required disclosure of formerfranchisee contact information required by Section 436.5(t)(5).

    Section 436.5(t)(5) requires disclosure only of contact information for franchisees who have left the system “during the most recently completed fiscal year or who have not communicated with the franchisor within 10 weeks of the disclosure document issuance date.” As a result of the limited time frame, the number of former franchisees is likely to be reasonably small, and the disclosure of their contact information likely would take little space. This argues for a strict interpretation, requiring former franchisees’ names and contact information to be included in the FDD itself at Item 20, as the Rule states, and not in an exhibit or attachment. This argument is strengthened by the additional requirement for the cautionary notice “in immediate conjunction” with the former franchisee contact information. The Rule unequivocally and unambiguously requires that this notice must appear clearly and conspicuously in Item 20. Therefore FTC staff rejects the notion that this required notice could be relegated to an exhibit or attachment.

    Nevertheless, staff recognizes that placing contact information for both current and former franchisees in an exhibit or attachment reflects a certain symmetry and consistency, and at any rate is a longstanding compliance practice permitted by state regulators under the Uniform Franchise Offering Circular disclosure format before the FTC’s Amended Rule took effect. The Commission has stated that the Rule should be interpreted, where consistent with the public interest, in accordance with industry compliance practices under the UFOC Guidelines. It is staff’s opinion that the use of an exhibit or attachment for former franchisee contact information would be consistent with the public interest if the number of former franchisees is disclosed in the body of Item 20 and the cautionary notification appears “in immediate conjunction” with this disclosure and is repeated with the contact information in the exhibit or attachment.

    • the franchisor discloses in Item 20 the number of former franchisees listed in the exhibit or attachment; and
    • the franchisor includes the required cautionary notice both in Item 20 and in the exhibit or attachment.
  29. If a new FAQ is issued that would necessitate revision of a franchisor’s Franchise Disclosure Document (“FDD”), when must the franchisor revise its FDD?Answer: FAQs represent the views of FTC staff who are responsible for enforcement of the Franchise Rule, and have not been reviewed, approved or adopted by the Commission. Nevertheless, staff is aware that on occasion FAQs interpreting the Rule may require some franchisors to revise FDDs that they previously have placed in use in non-registration states, or that they already have filed in registration states. Since FAQs are intended to provide bright-line guidance on issues not directly addressed by the Rule, the Statement of Basis and Purpose, or the Compliance Guide, they may clarify the existence of obligations not previously understood as requirements of the Rule. Accordingly, in recognition of the costs of revising FDDs, FTC staff will not recommend enforcement action based on a new FAQ, as a matter of policy, until such time after the new FAQ is issued as a franchisor is otherwise required to revise its FDD by the Rule or state law.

    Thus, after the date a FAQ is issued, an FDD should be revised before any new filing required by a registration state of an FDD used in that state, and before any quarterly revision required by Section 436.7(b) of the Rule. In any event, a franchisor should revise its FDD to comply with all FAQs issued prior to the end of its fiscal year no later than the annual update required by Section 436.7(a) of the Rule. To assist franchisors in this effort, all future FAQs will state the date on which they are issued.

    Issued: May 18, 2009.

  30. Notwithstanding FAQ 4, if a franchisor’s parent is the sole supplier of a good or service without which a franchise cannot be operated, must the financials of the parent be disclosed in Item 21?

    Answer: Yes. FAQ 4 addresses only those circumstances in which “a franchisor’s “parent happens to supply goods or services to franchisees,” and “is no different from any other third-party supplier.” It does not consider the case where the franchisor’s parent is the only supplier of a good or service that is so essential to the franchise that the franchised business cannot be conducted without it.

    As stated in the Statement of Basis and Purpose, “[t]o the extent that a prospective franchisee is asked to rely on a parent to perform post-sale contractual obligations or relies on a parent’s guarantee, the financial stability of the parent becomes a material fact that should be disclosed.” 1

    It is staff’s view that, even in the absence of an express commitment in the franchise agreement for the franchisor’s parent to provide a good or service that is so essential to the franchise that the franchised business cannot be conducted without it, this obligation is implicit in the contractual obligations of the parties. Accordingly, disclosure of the parent’s financial statements in Item 21 is required in these circumstances.

    Issued: May 18, 2009


    1 72 Fed. Reg. 15444, 15511 (Mar. 30, 2007).

  31. Section 436.7(a) of the Franchise Rule requires a franchisor to revise its Franchise Disclosure Document (“FDD”) within 120 days of the close of its fiscal year, “after which [it] may distribute only the revised document and no other disclosure document.” If a franchisor’s registration does not expire until after this annual update deadline, may the franchisor continue to use a validly registered FDD in that state after the update deadline, until either: (a) the state completes registration of its updated FDD; or (b) the franchisor’s prior registration expires? If so, and if the franchisor uses the same FDD in non-registration states, may it continue to use the FDD in those states as well?

    Answer: As a matter of enforcement policy, FTC staff would not recommend initiation of an enforcement action against a franchisor that continues – after the 120-day annual update deadline, pending either completion of the state registration of the franchisor’s updated FDD or expiration of the franchisor’s prior registration (whichever comes first) – to make sales in a registration state using an FDD registered in that state. Nevertheless, after the annual update deadline, a franchisor may not use an FDD without updating it to make sales in any state other than a state with a franchise investment law in which the franchisor’s registration remains in effect.

    Section 436.7(a) of the Amended Rule establishes a firm deadline for the required annual update and gives a franchisor 120 after the close of its fiscal year to complete the update. (This is 30 days longer than the original Franchise Rule allowed.) The deadline ensures that prospective franchisees receive a disclosure document that is not stale, since many of the required disclosures provide information only for the prior fiscal year. Consequently, it important that the annual update deadline be firm.

    FTC staff recognize, however, that although several state registration laws also require annual updates within 120 days after the close of a franchisor’s fiscal year, the time required for completion of the registration process means that registration of an updated FDD may not occur until weeks or months after the deadline. If the Rule’s annual update deadline were inflexibly enforced in those states, it would require a franchisor with a valid registration under state law to stop selling franchises until completion of the registration of its updated FDD. To resolve this tension between the amended Rule and state requirements, FTC staff do not interpret the amended Rule as requiring a franchisor with an FDD validly registered in a state to suspend sales in that state after the update deadline pending either completion of the registration of its updated FDD in that state, or expiration of the existing registration. Nevertheless, to ensure that prospective franchisees receive the most up-to-date information possible in non-registration states, a franchisor must use only an updated FDD after the annual update deadline.

    Issued: May 18, 2009.

  32. Section 436.5(u) of the Rule mandates that the financial statements required in Item 21 “be prepared according to United States generally accepted accounting principles (“GAAP”). May franchisors use financial statements to comply with Item 21 if an auditor issues a qualified opinion because the statements do not comply with FIN 46R issued by the Financial Accounting Standards Board (“FASB”)?

    Answer: No. The FASB is the ultimate authority on U.S. GAAP, and its issuance of FIN 46R has modified U.S. GAAP to require that an entity provide consolidated financial statements that include any other entity in which it has an interest, as the primary beneficiary, that may increase or decrease in value (a “variable interest entity”).

    Issued: May 18, 2009.

  33. May a franchisor comply with Section 436.5(s) of the Rule by placing a financial performance representation (“FPR”) in an attachment to its Franchise Disclosure Document (“FDD”), rather than in Item 19?

    Answer: No, because Section 436.5(s)(3) specifies that a franchisor “must state the representation in the Item 19 disclosure,” 1and placing the FPR anywhere else would not be in the public interest because it could confuse and potentially mislead potential purchasers.

    Section 436.6(s)(1) requires a franchisor to begin any FPR with a prescribed prefatory statement that informs potential purchasers about the circumstances in which the Rule permits FPRs. The second sentence of the required statement contains the following language: “Financial performance information that differs from that included in Item 19 [is permitted in only two circumstances].” 2

    While a prior FAQ has allowed franchisors to relegate an Item 20 disclosure to an FDD attachment where it was consistent with the public interest because any risk of consumer confusion could be avoided,3such a risk would be created here by the required prefatory language if the FPR did not appear “in” Item 19, as required by § 436.5(s)(3). Because we think it important that potential purchasers clearly understand the Rule’s requirements for FPRs, as the amended Rule is designed to ensure, it is staff’s opinion that franchisors making an FPR must include each of the disclosures required by §§ 436.5(s)(3)(i) – (v) in Item 19 of the FDD, rather than in an exhibit or attachment.

    Issued: May 18, 2009.


    1 16 C.F.R. § 436.3(s)(3) (emphasis added).

    2 16 C.F.R. § 436.3(s)(1) (emphasis added).

    3 FAQ 28.

  34. Does a general release in a franchise agreement violate the prohibition in Section 436.9(h) of the Franchise Rule against requiring a prospective franchisee to disclaim or waive reliance on representations made in the Franchise Disclosure Document (“FDD”)?

    Answer: Yes. Unless a general release in a franchise agreement expressly excludes claims arising from representations in the FDD, or its exhibits or amendments, it is staff’s view that the release would violate this prohibition. This applies to any general release of claims that a prospective franchisee is required to sign as a condition of obtaining a franchise, whether in the franchise agreement or some other document.

    Issued: October 13, 2009.

  35. Is a franchisor required to include in its Franchise Disclosure Document (“FDD”) a statement that the financing it offers includes a waiver of a jury trial that will also constitute a waiver of that right in litigation concerning its franchise agreement or other related agreements, if that is the case?

    Answer: Yes. Section 436.5(j)(2) of the Franchise Rule requires a disclosure in Item 10 of the FDD of “whether the loan agreement requires franchisees to waive defenses or other legal rights,” and if so, the franchisor must “describe the relevant provisions.” Thus, a failure to disclose in Item 10 that the jury trial waiver in a financing agreement offered by the franchisor also waives that right in litigation involving the franchise or other related agreements would misrepresent the effect of the provision and violate the Franchise Rule where the other affected agreements lack an express jury trial waiver.

    Issued: March 28, 2011.

  36. Where Item 20 requires disclosures about “company-owned outlets,” is that term intended to include not only outlets owned by the franchisor, but also affiliate-owned outlets that are “substantially similar” to the outlets offered by the Franchise Disclosure Document (“FDD”)?

    Answer: Yes. The references in section 436.5(t) of the amended Franchise Rule to “company-owned outlets” include outlets owned by affiliates of the franchisor that are “outlets of a type substantially similar to that offered to the prospective
    franchisee.” 1 To be “substantially similar,” an affiliate’s outlets need not conduct business under the same trademark and system.2 If the goods or services sold at the affiliate’s outlets are “substantially similar” to the goods or services to be sold at the outlets offered by the FDD, those outlets must also be included with the franchisor’s outlets in the Item 20 disclosures for “company-owned outlets.”

    Section 436.5(t) of the amended Rule removed the limitation in section 16 of the original Rule specifying that disclosures about franchised and “company-owned outlets” were required only “with respect to the franchisor and as to the particular named business being offered.”3 This was one of many changes made “to align the final amended Rule more closely to the
    UFOC [G]uidelines,”4 including the instruction added to the Guidelines in 1993 to include affiliate-owned units that were “substantially similar” to the franchisor’s outlets in the “company-owned outlet” disclosures in Item 20.5

    By requiring disclosures about “substantially similar” affiliate outlets in addition to outlets owned by the franchisor, the amended Rule prevents franchisors from hiding negative information. For example, franchisors cannot avoid disclosing a large number of repurchases of failed franchises by using an affiliate to repurchase them.6

    Issued: March 28, 2011.


    1 16 CFR § 436.5(t)(1).

    2 Amended Rule Statement of Basis and Purpose, 72 Fed. Reg. 15444, 15502 n.603 (Mar. 30, 2007).

    3 Original Rule Statement of Basis and Purpose, 43 Fed Reg. 59674, 59616 (Dec. 21, 1978).

    4 72 Fed. Reg. at 15501.

    5 Bus. Fran. Guide (CCH) [FTC and UFOC Disclosure Materials Transfer Binder] ¶ 5772, p. 8450 (Instruction v).

    6 See note 2, supra.

  37. May a franchisor state in Item 12 that it grants an “exclusive territory” if it reserves the right to open franchised or company outlets in so-called “non-traditional venues” like airports, arenas, hospitals, hotels, malls, military installations, national parks, schools, stadiums and theme parks?Answer: No. Pursuant to FAQ 25, a franchisor may state in Item 12 that it grants an “exclusive territory” only if the franchisor contractually “promises not to establish either a company-owned or franchised outlet selling the same or similar goods or services under the same or similar trademarks or service marks” within the geographic area or territory granted to a franchisee. A reservation of rights to open outlets selling the same goods or services under the same trademarks or service marks within a franchisee’s territory negates any such commitment and triggers the Item 12 requirement to include a disclaimer stating that franchisees will not receive an exclusive territory.1

    FAQ 25 notes that it is consistent with the disclosure scheme in Item 12 for a franchisor to grant an exclusive territory yet reserve the right to make sales in the territory through other channels of distribution or competitive brands because Item 12 elsewhere specifically requires detailed disclosures about such potential competition.2 The required disclosures about “other channels of distribution such as Internet, catalog sales, telemarketing or other direct marketing” are limited by the examples provided, however, to sales not requiring a franchised or company outlet physically located in a franchisee’s exclusive territory.

    Because “non-traditional venues” entail an outlet physically located in a franchisee’s territory, we can find no principled basis for interpreting “other channels of distribution” to include them. Accordingly, it is staff’s view that a franchisor that reserves the right to sell through such “non-traditional venues” must make the disclosure that it does not provide an exclusive territory.

    Staff recognizes that where a reservation of rights to make sales through “non-traditional venues” prevents a franchisor from offering an exclusive territory, Item 12 could be interpreted as prohibiting disclosure of the rights the franchisor is reserving. As a matter of enforcement policy, staff will not object to the inclusion of a disclosure in this instance of the specific rights the franchisor is reserving because it would not conflict with the mandatory disclosure that the franchisor does not grant an exclusive territory and the additional information would provide prospective franchisees with useful information about competition from “non-traditional venues.”

    Issued: October 16, 2012.


    1 16 C.F.R. 436.5(l)(5)(i) (requiring the statement: “You will not receive an exclusive territory. You may face competition from other franchisees, from outlets that we own, or from other channels of distribution or competitive brands that we control.”)

     

  38. If a franchisor is unable to register a franchise offering in a state with a franchise registration law without removing or altering a Financial Performance Representation (“FPR”) in Item 19, may the franchisor use the unaltered FPR in the Franchise Disclosure Document (“FDD”) it delivers to potential purchasers in other states?Answer: If a franchisor revises its FDD at the request or direction of one registration state, it ordinarily should incorporate the same revisions in the FDDs it uses in other registration and non-registration states to ensure that its disclosures are complete and accurate.  In the case of an FPR in Item 19 questioned by one registration state, a failure to make any resulting voluntary or involuntary changes to the FPR in all other states, or abandonment or withdrawal of the registration application without making changes, will raise significant concerns about whether the FPR meets the requirements of the Franchise Rule.  In particular, any such failure will call into question whether an FPR meets the requirement that a franchisor have written substantiation demonstrating that its FPR had a reasonable factual basis at the time it was made.As always, the franchisor will bear the burden of proving that its written substantiation shows that factual information in its possession at the time it made the representation supports the FPR as it is likely to be understood by a reasonable prospective franchisee.  Any failure to use the same FPR in all states will not change the franchisor’s burden, but may expose the franchisor to the risk of heightened scrutiny by federal or state franchise law enforcers.

    Issued: July 2, 2014.


    1 16 C.F.R. § 436.1(d) (definitions of “[d]isclose, state, describe, and list each mean to present all material facts accurately, clearly, concisely, and legibly in plain English”).
    2 FTC Franchise Rule Compliance Guide (May 2008), p. 135.

SOURCE: http://business.ftc.gov/documents/amended-franchise-rule-faqs

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Global Franchise Associations

Franchise Information December 2, 2014

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 Global Franchise Associations

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Argentina

Argentina Franchise Association
Av. Libertador 222, 7mo – A
Ciudad de Buenos Aires, 1001
Phone: +54 (11) 4394-3318
Fax: +54 (11) 4394-8107
Website: www.aafranchising.com/

Australia

Franchise Council of Australia
Box 1498N GPO
Melbourne, Victoria, 3001
Phone: +61 03 9650 1667
Fax: +61 03 9650 1713
Website: www.fca.com.au

Austria

Austrian Franchising Association
Bayerhamerstrasse 12, 1st Floor
Salzburg, A-5020
Phone: +43 662 874-2360
Fax: +43 662 874-2365
Website: www.franchise.at

Bangladesh

Bangladesh Franchise Association
57, D.O.H.S. (OLD)
Daka, 1206
Phone: +88 02 882-8763
Fax: +88 02 882-8763
Website: www.kingshuk-bd.com

Belgium

Belgian Franchise Federation
Boulevard de L’Humanite, 116/2
Brussels, B-1070
Phone: +32 02 523 97 07
Fax: +32 02 523 35 10
Website: www.fbf-bff.be/

European Franchise Federation (EFF)
Avenue Louise 179
Brussels, B-1000
Phone: +32 2 520 16 07
Fax: +32 2 520 35 17
Website: www.eff-franchise.com

Brazil

Brazilian Franchising Association
Av. Brigadeiro Faria Lima, 1739 3¢ª andar
São Paulo
Phone: +55 11 3814-4200
Website: www.abf.com.br

Bulgaria

Bulgarian Franchise Association
P.O. Box 20
Varna , 9010
Phone: +359 2 235-424
Fax: +359-2 600-724

Canada

Canadian Franchise Association
2585 Skymark Avenue, Suite 300
Mississauga, Ontario, L4W 4L5
Phone: (905) 625-2896
Fax: (905) 625-9076
Website: www.cfa.ca

Chile

Chile Franchise Association
Rafael Canas 16, of. I
Providencia, Santiago
Phone: +56 2 236-3622
Fax: +56 2 264-9134

China

China Chain Store & Franchise Association (CCFA)
No.25 Yuetan North St
Beijing, 100834 – P.R.
Phone: +86 10 6839-2260
Fax: +86 10 6839-2210
Website: www.ccfa.org.cn

Colombia

Columbian Franchise Association
Apartado Aereo 25200
Cali
Phone: +57 2 330-7827
Fax: +57 2 331-7138

Czech Republic

Czech Franchise Association
Rytirska 18, 111 21
Prague 1
Phone: +420 2 24 21 47 03
Fax: +420 2 24 21 47 03
Website: www.czech-franchise.cz

Denmark

Danish Franchise Association
Lyngbyvej 20
København Ø, 2100
Phone: +45 3915 8282
Fax: +45 3915 8010
Website: www.dk-franchise.dk

Dominican Republic

Dominican Republic Franchise Association
Polibio Diaz #74, apt. c-1
Edificio Alfonso X, Evaristo Morales
Santo Domingo
Phone: (809) 549-6383
Fax: (809) 563-1916

Ecuador

Ecuador Franchise Association
P. O. Box 579
Guayaquil
Phone: +593 2 220 906
Fax: +593 2 562 381
Website: www.aefran.homestead.com

Egypt

Egyptian Franchise Development Association (EFDA)
4 El-Obour Buildings, Salah Salem Rd
Cairo
Phone: +202 403 9077
Fax: +202 402 5801
Website: www.efda.org.eg

Finland

Finnish Franchising Association
PL 868
Lohja as, 08680
Phone: +358 019-331 195
Fax: +358 019-331 075
Website: www.franchising.fi

France

French Franchise Federation
60, rue de la Boetie
Paris, 75008
Phone: +33 01 53 75 22 25
Fax: +33 01 53 75 22 20
Website: www.franchise-fff.com

Germany

German Franchise Federation
Luisenstr. 41
Berlin, 10117
Phone: 030 – 27 89 02 – 0
Fax: 030 – 27 89 02 – 15
Website: www.dfv-franchise.de

Greece

Franchise Association of Greece
10, Skoufou Str.,
Athens, 105 57
Phone: +30 10 32.34.620
Fax: +30 10 32.38.865
Website: www.franchising.gr

Guatemala

Guatemala Franchise Association
Diagonal 6 11-10, Zona 10
Guatemala City
Phone: (502-2) 360-9737
Fax: (502-2) 332-6261

Hong Kong

Hong Kong Franchise Association
22/F Unit A United Centre
95 Queensway
Hongkong
Phone: (852) 2529-9229
Fax: (852) 2527-9843
Website: www.franchise.org.hk

Hungary

Hungarian Franchise Association
POB 446
Budapest, H-1537
Phone: (361) 212 4124
Fax: (361) 212 5712
Website: www.franchise.hu

Iceland

Iceland Franchise Association
Húsi verslunarinnar, Kringlan 7
Reykjavík, IS-103
Phone: +354 511-3000
Fax: +354 511-3001
Website: www.franchise.is

India

India Franchise Association
Veer Nariman Road Churchgate
Mumbai, 400-020
Phone: +91 22 282-1413
Fax: +91 22 204-6141

Indonesia

Indonesia Franchise Association
A 19 Darmawangsa X
Kebayoran Baru
Jakarta , 12150
Phone: (62-21) 739-5577
Fax: (62-21) 723-4761

Ireland

Irish Franchise Association
88 Ranelagh Road
Dublin, 6
Phone: 353-1-4978988
Fax: 353-1-4911916

Italy

Italian Franchising Association
Corso di Porta Nuova, 3
Milano , 20121
Phone: +39 02 29003779
Fax: +39 02 6555919
Website: www.assofranchising.it

Japan

Japan Franchise Association
3-6-2 Toronomon, Minato-ku
Tokyo, 105-0001
Phone: (81-3) 5777-8704
Fax: (83-1) 5777-8711
Website: jfa-fc.or.jp

Latvia

Latvian Franchise Association
Lachpliesha 81 (second floor)
Daugavpils, 5403
Phone: +371 54 26349
Fax: +371 54 27374
Website: www.franch.lv

Malaysia

Malaysian Franchise Association
Suite 1045, Level 10, Block A2 / Leisure Complex No. 9
Jalan PJS 8/9 – 46150 Petaling Jaya
Selangor Darul Ehsan
Phone: (60-3) 7877-1559
Fax: (265) 03 7877-1557
Website: www.mfa.org.my

Mexico

Mexico Franchise Association
Insurgentes Sur 1783, #303
Col. Guadalupe Inn
Mexico , 01020
Phone: (52-5) 661-0655
Fax: (52-5) 663-2473

Netherlands

Netherlands Franchise Association
Boomberglaan 12
Hilversum, 1217 RR
Phone: 0031 35 – 640 00 88
Fax: 0031 35 – 624 91 94
Website: www.nfv.nl

New Zealand

Franchise Association of New Zealand
PO Box 23 364
Papatoetoe, Auckland, 1730
Phone: 0-9-278 9012
Fax: 0-9-278 9013
Website: www.franchise.org.nz

Nigeria

Franchise Association of West Africa
Duraclean Building 5,Vori Close, off Acme Road
Ogba Industrial Estate,Ikeja
Lagos
Phone: +234-1- 4960854
Fax: +234-1- 4974777
Website: www.franchisewestafrica.org

Norway

Norway Franchise Association
PO Box 2900
Oslo, Solli 0230
Phone: (47-2) 254-1700
Fax: (47-2) 256-1700
Website: www.hsh-org.no

Peru

Peru Franchise Association
Gregorio Escobedo 398
Lima, 11
Phone: (51-1) 562-1000
Fax: (51-1) 562-1020

Philippines

Philippine Franchise Association
Unit 701 One Magnificent Mile (OMM-Citra)
San Miguel Avenue, Ortigas Center
Pasig City
Phone: (632) 6870366
Fax: (632) 6870365
Website: www.philfranchise.com

Portugal

Portuguese Franchise Association
Sintra Business Park Edifício 1, 2D
Sintra, 2710-089
Phone: +351 21 911 2720
Fax: +351 21 319 2939
Website: www.apf.org.pt/apf/

Romania

Romania Franchise Association
Calea Victorieri Nr95, Et. 4, Ap.26, Sect. 1
Bucharest
Phone: +40 1-312-6889
Fax: +40 1-312-6890

Russia

Russian Franchise Association
2nd Proezd Perova Polya 9
Moscow, 111141
Phone: +095 305-5877
Fax: +095 305-5850
Website: www.a-z.ru/raf/

Singapore

Singapore International Franchise Association
Informatics Building 5 International Business Park
, Singapore, 609914
Phone: (65) 568 0802
Fax: (65) 568-0722
Website: www.sifa.org.sg

Slovenia

Slovenian Franchise Association
Dimièeva 13
Ljubljana, 1000
Phone: + 386 1 56 82 331
Fax: + 386 1 56 82 775
Website: www.franchise-slovenia.net

South Africa

Franchise Association of Southern Africa (FASA)
24 Wellington Road
Parktown, Johannesburg, Gauteng, 2193
Phone: +27-11-484-1285
Fax: +27-11-484-1291
Website: www.fasa.co.za

South Korea

South Korean Franchise Association
Hyosan B/D 3F
57-80, Gui-2Dong, Kwangjin-Gu
Seoul, 143-202
Phone: (82-2) 447-6094
Fax: (82-2) 3436-2162
Website: www.ikfa.or.kr

Spain

Ibero American Franchise Association (FIAF)
Avda. de las Ferias S/N
P.O. Box 476
Valencia, 46035
Phone: +34 96 386-1123
Fax: +34 96 363-6111

Spanish Franchise Association
Avenida de las Ferias
Apda.(POB)476
Valencia, 46035
Phone: +34 96 386 11 23
Fax: +34 96 363 61 11
Website: www.franquiciadores.com

Sweden

Sweedish Franchise Association
Box 5243 Mässansgata 18
Göteborg, S-402 24
Phone: + 46 31 8369 43
Fax: + 46 31 8110 72
Website: www.franchiseforeningen.a.se

Switzerland

Swiss Franchise Association
Löwenstrasse 11 Postfach
Zürich, CH-8023
Phone: +41 1 225 47 57
Fax: +41 1 225 47 77
Website: www.franchiseverband.ch

Taiwan

Taiwan Chain Store & Franchise Association
5F, No 145 Fushing N. rd.
Taipei, 105
Phone: 886-2-2545-8811
Fax: 886-2-2712-0606
Website: www.franchise.org.tw

Thailand

Thailand Franchise Association
20/25 Seri Village Onnui Sukhumvii 77
Pravate, BKK 10250
Phone: (662) 321-5129
Fax: (662) 721-2795
Website: www.thailandfranchise.com

Turkey

Turkey Franchise Association
Ergenekon cad. Pangalti Ishani 89/15
Istanbul, 80240
Phone: (90-212)296-6628
Fax: (90-212)224-5130
Website: www.ufrad.org.tr

Ukraine

Ukraine Franchise Association
Klinichna str. 23-25, of. 60
Kyiv, 03110
Phone: +380442584088
Fax: +380442330361
Website: 

United Kingdom

British Franchise Association
Thames View, Newtown Road
Henley-on-Thames
Oxon, RG9 1HG
Phone: 01491 578050
Fax: 01491 573517
Website: www.british-franchise.org

United States

American Association of Franchisees & Dealers
PO Box 81887
San Diego, California, 92138-1887
Phone: (800) 733-9858
Fax: (619) 209-3777
Website: www.aafd.org

American Franchisee Association
53 West Jackson Boulevard, Suite 205
Chicago, Illinois, 60604
Phone: (312) 431-0545
Fax: (312) 431-1132
Website: www.franchisee.org

International Franchise Association
1501 K Street, Suite 350
Washington, D.C., 20005
Phone: (202) 628-8000
Fax: (202) 628-0812
Website: www.franchise.org

National Franchise Council
1615 L ST, NW Suite 650
Washington, D.C, 20036
Phone: (202) 626-8562
Website: www.nationalfranchisecouncil.org

Uruguay

Uruguay Franchise Association

Venezuela

Venezuela Chamber of Franchising

Venezuela Franchise Association
Av. La Estancia, Torre Diamen, Piso 8, of. 88-B Chuao
Caracas
Phone: +58 2 991-4078
Fax: +58 2 991-1401
Website: www.franquiciasonline.com

Yugoslavia

Yugoslavia Franchise Association

Zimbabwe

Zimbabwe Franchise Association

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