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Filled with illuminating examples, stories from the field, and dozens of forms for drafting franchising agreements and licensing programs, the fourth edition of Franchising & Licensing covers all the strategic, legal, financial, and operational aspects of these complex but highly profitable business strategies.
Incorporating up-to-the-minute information on regulations, best practices, Web 2.0 strategies, branding techniques and global trademark laws, the new FDD disclosure format, and the latest franchising trends, this indispensable reference reveals how to: Raise capital, structure agreements, and protect intellectual property - Create market-responsive sales, marketing, and globalization strategies - Establish quality control and compliance measures - Assess opportunities for mergers and acquisitions, joint ventures, and other alternatives to franchising - And much more Comprehensive and applicable to domestic and international franchising initiatives alike, this essential guide remains the industry standard.- Sales Rank: #169023 in Books
- Published on: 2011-04-13
- Original language: English
- Number of items: 1
- Dimensions: 10.00" h x 1.70" w x 7.10" l, 2.30 pounds
- Binding: Hardcover
- 464 pages
Review
Filled with illuminating insights and stories from the field, it remains the definitive resource. -- BIZLIFE March 2004
From the Inside Flap
It’s not just fast food operations. Thousands of businesses in a wide variety of industries with branded products or trade secrets are branching into franchising and licensing as powerful growth and intellectual capital harvesting strategies. But many are rushing blindly ahead, without a clearly defined plan of action, and stumbling every step of the way.
Avoid the mistakes that trip up your competitors—miscommunication, unrealistic goals, ill-formed selection of franchisees, lax enforcement of the brand, and more—by following this complete, fail-safe plan for setting up and operating a profitable franchising operation.
Covering every crucial business, legal, and financial step, Franchising & Licensing has served as the definitive resource to the domestic and international franchising community for more than 20 years. And it’s now completely overhauled to reflect important new trends, laws, and strategies: new FDD disclosure regulations, updated branding strategies and global trademark laws, social networking tips for franchise recruitment and relations, M&A and private equity trends in franchising, the latest best practices in franchising operations and training, and much more.
Whether you’re a small start-up or an established giant, Franchising & Licensing gives you the tips and tools you won’t find anywhere else:
• 17 key components for building strong, long-term relationships with your franchisees
• 75 items to include in your operations manual, an essential document that sets the stage for success
• 16 criteria for developing systems standards that are clear and attainable, and enforced consistently and effectively
• 23 items to include in the compliance file of every franchise candidate—protection in the event of a dispute or investigation
• 10 problem areas that frequently lead to litigation, with tips on how to resolve conflicts before they escalate
• 5 ways that Internet marketing and social media have radically altered the lead generation process
• 8 key questions that can help you determine the right type of capital to raise
• 19 special issues to consider when negotiating and preparing merchandise licensing agreements
• and much more
Dozens of books have been written for individuals interested in buying a franchise, but only this one comprehensively covers the franchisor side of the equation, supplying a broad overview, step-by-step guidelines, and dozens of sample documents for launching a successful operation.
Andrew J. Sherman is a partner at Jones Day in the Washington, D.C., office and has served as legal and strategic advisor to dozens of Fortune 500 companies and hundreds of emerging growth companies. He co-chairs the firm’s Franchising and Distribution practice and also advises clients in the areas of business growth planning, capital formation, and the leveraging of intellectual capital. He is the author of 17 books, including Mergers and Acquisitions from A to Z and Raising Capital, and is frequently interviewed on legal topics by The Wall Street Journal, USA Today, Forbes, and U.S. News & World Report. He has been an Adjunct Professor at the Smith School of Business at the University of Maryland for over 22 years.
From the Back Cover
Whether your organization has an original technology, a trademarked brand, or a unique distribution system that lends itself to partnering opportunities, Franchising & Licensing will lead you directly to fresh revenue streams—with no missteps or omissions.
Combining a big-picture approach with an unprecedented level of depth and detail, Franchising and Licensing supplies a rare mixture of business acumen, legal expertise, and financial insight. And it’s now updated to explain new regulations and legal decisions, new strategies and trends, and deliver new sample agreements, checklists, and questionnaires.
The fourth edition shows you how to:
• Prepare a comprehensive manual that serves as the foundation of your operations and training programs.
• Set up quality control systems for maintaining your brand or image, and assembling the field staff required to enforce them.
• Comply with record-keeping requirements that will protect your organization in a dispute or a federal or state regulatory investigation.
• Protect your intellectual property, including trade secrets, patents, copyrights, and other intangible assets.
• Develop sophisticated sales and marketing plans that uniquely target both the franchisee and the ultimate consumer.
• Gain access to the affordable debt and equity capital you need to maintain your growth plan.
• Comply with corporate governance and reporting obligations in today’s post–Sarbanes-Oxley environment.
• Assess opportunities for mergers and acquisitions, joint ventures, and other alternatives to franchising
• And much more!
Most helpful customer reviews
0 of 0 people found the following review helpful.
Exceptional Insight of what needs to be done, how to do it & establishing the value of your work.
By D. Cannon
Exceptional guide. Andrew Sherman created seriously helpful book for understanding what is involved, needed and how to get your act together before contacting your lawyer. Literally can save hundreds of wasted hours and money that you didn't have to spend during the learning curve. Content is well organized, well presented, relatively easy to understand. This book is 100% applicable to defining, buying, selling, franchising a business or licensing business ideas. Reading & applying what's in this book will save you a great deal of money.
0 of 0 people found the following review helpful.
A must-read for growing your business
By Justin Vandenbroeck
Andrew provides an excellent framework for evaluating your business model, identifying opportunities for growth and equipping you with the pathway towards making it happen. Upon purchasing this literature, my knowledge of franchising and licensing our tangible and intangible assets was insignificant to where it is now. Furthermore, our organization was in the process of under-capitalizing on our intellectual property - the chapter on 'Protecting the Intellectual Property of the Franchise System' alone has equipped our organization with more than enough value to justify making the purchase. To add, the framework provided in the section on 'Developing The Operations and Training Program' has been an incredible resource for putting the pen to paper.
I highly recommend this literature for anyone who wants to gain a tangible, applicable and deep understanding of methodologies for growing their business.
1 of 1 people found the following review helpful.
Encyclopedic in Nature
By Jerry Meek
As an attorney who advises and represents distribution channel players, including franchisors and franchisees, I found Sherman's knowledge of this field to be encyclopedic. Practically any legal issue of importance to a potential franchisor is touched upon - from intellectual property law to employment law. But the book's true value is that it is more than just a lawyer's presentation of the law. It is, at its core, a business text rather than a legal treatise. Sherman discusses in detail the practical business of franchising - from securing the required capital, to building and maintaining relationships with franchisees, to deciding whether (and how) to expand overseas. He writes clearly and succinctly, packed with so much information that the book at times seems like a reference guide. Despite the title, the book is more about franchising than licensing. (Outside of the context of franchising, licensing is addressed only in about a tenth of the book.) In all, this is an excellent presentation of franchising invaluable to anyone currently in a franchise relationship or contemplating such a relationship.
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