Within your brand, franchisees may have demands to make of the franchisor. Or you may not be in complete harmony with the feedback from other members of the network. How should you react?
Life as a franchisee is far from a smooth ride. As the months and years go by, you may find yourself at odds with your network head, but also with other franchisees, on various issues. Above all, you're likely to be confronted with the strong opinions of other network members who want to develop the brand, not necessarily in the way you'd like, and share their ideas with the franchisor. These differences of opinion often arise during franchisee committees or associations," explains Laurent Dubernais, President of AGT (a company providing collaborative platforms for steering and animating franchise networks). This can concern all kinds of subjects, important and impacting the lives of franchisees." Issues on which it can sometimes be complicated for the members of a network to find common ground, and which can touch on the franchise contract as much as on commercial policy or the brand's image. "For example, royalties are a thorny issue. And so are territorial constraints," stresses Laurent Dubernais. In such cases, there can be disagreements between network members."
Argue and give your point of view
If such a situation arises, it's up to the isolated franchisee to persuade others, demonstrate his or her point of view and try to prevail. According to Laurent Dubernais, this is virtually impossible when a franchisee is outnumbered. "It's a tough fight. You can try to get the support of others and influence them, as in politics, but being on your own is still very complicated," he insists. However, for Serge Méresse, a lawyer with Threard, Bourgeon, Méresse et associés, this type of situation is rare, if not virtually non-existent, within networks: "As a general rule, when there's a problem concerning the franchisor, either all the members of the chain are aware of it and join forces to change things, or it remains isolated to a few franchisees", stresses the lawyer. And there's more than one debate going on within franchisee committees and associations. Nothing more normal, according to the experts. "It's not always unanimous, and generally speaking, everyone accepts the democratic rule. When there's a position or a decision to be taken, either the person who's in the minority sides with the majority, or the expression of this different viewpoint is noted in the minutes," stresses Serge Méresse.
Opposition is not a risk
For the experts, situations where franchisees exert pressure on disagreeing network members are the exception. "It's almost non-existent. What we do see is a few frustrated franchisees sending an e-mail to the whole network, pointing out what's wrong. But as a general rule, this kind of message doesn't have much impact, because if the recipients read it, they don't necessarily have the same problems as the person telling their story", explains Serge Méresse. Above all, for the lawyer, coercive pressure doesn't work between members of a brand. "Simply because there is no hierarchy between franchisees. So if one of them is confronted with pressure, whatever it may be, leading him into a position he doesn't consider fair, it's up to him to oppose it. He risks nothing", explains the lawyer.
Leaving franchise groups
In the event of violent disagreements or too much pressure on other network members, you can also leave the associations or commissions of which you are a member. When a franchisee really disagrees with the strategy of other association members, he or she can decide to leave the group," says Serge Méresse. But then again, I've never seen a franchisee excluded or leave because they didn't share the same opinion as the others. Especially when it comes to commissions, it makes no difference, because in the end, it's the franchisor who makes the decision." Nor should the franchisee make any radical decisions too quickly, such as wanting to terminate his contract with the network head. "That's certainly not a good idea," assures Serge Méresse. For his part, Laurent Dubernais stresses the need to make your own assessment of the advantages and disadvantages of the situation. A franchisee may have constraints in staying in the network, such as being opposed to the other members, but he or she must see the benefits," he points out. Particularly in terms of image or purchasing conditions. To break the contract, the franchisee's business must be endangered, not just a matter of mood."
Article published by Camille Boulate on August 25, 2016 on the L'Officiel de la Franchise website.
