By Laurent DELAFONTAINE, Network Development Consultant, Axe Réseaux. Published in Franchise Magazine, http://www.franchise-magazine.com/avis-des-experts/du-bon-usage-du-contrat-par-l-animateur-401.html
Reminding the franchisee of the objectives of the various clauses of the signed contract: this is the primary function of the animator, according to the author and consultant. He calls for training in this area, to help build confidence and credibility.
The role of the network coordinator has evolved considerably in recent years, as has the profile of the franchisee. More focused on the company's overall performance, more concentrated on customer benefits, more committed to the brand, the network manager is no longer the "tick box" on the business card.
And yet, it has to be said that, due to a lack of training, they have little mastery of all the tools made available to them by the brand, instinctively preferring to refer to their own, often actual, experience. This attitude finds its limits in conflictual disagreement with the partner, and the animator cannot find refuge in the franchise contract, even though this is his primary function. Explanations based on three non-exhaustive examples.
The franchisee is reluctant to send sales statistics
An industry classic! What sales representative hasn't repeated this request to an indisposed franchisee ? And yet, the company's knowledge of the sales mix, stock levels, post-promotion footfall... enables it to build its recommended price scale, its media plan...
The franchisor is often more interested in what sells than in the content of a partner's reception expenses. A well-drafted contract will at the very least require tax returns and sales statistics. Let's be sure to explain why and for what purpose.
Franchisee threatens to sell his store to a competitor
Not so simple! Partners sometimes forget that their franchise contract includes a buyer approval clause. In other words, while the partner is free to sell his business to anyone, he is required to obtain the franchisor 's agreement before selling the brand to a third party. Here again, a well-informed lawyer will have included a pre-emption clause on the sale of the business.
For example, a franchisee who is offered an outrageous sum for the purchase of his business may forget that his franchisor can appoint an expert to determine the real price of the property and buy it on a priority basis. These clauses protect the network, both in terms of the number of partners and the quality of locations.
The franchisee "plays for time" to renovate his store
"Next year when things are better! For a franchisee, this is rarely the right time to commit to costs that will benefit the concept. And yet, consumers want to find a consistent offering in a franchise network.
What's more, these architectural evolutions, often costly for the franchisor, often become profitable for a minimum volume. Once again, the distribution lawyer will know how to include a clause for updating the concept, including an amount per m², indexed and cumulative from one year to the next, excluding the first and last years of the contract.
In conclusion, it's worth noting that franchisees sometimes tend to forget the commitment formalized in their contract. This is probably due to the franchisee's growing mastery of the concept's operation, the resulting assurance and a fee that has become excessive in his eyes.
The animator, on the other hand, is focused on his objective as a business interface at the service of the brand, and sometimes, through lack of training, finds himself out of step with the partner's purely financial objectives. All that's needed, however, is to remind the partner of the objectives set out in the various clauses of the franchise contract he has signed. Let's train the animators in this sense, so that they gain in confidence and credibility.
