FNB Franchise Think Tank 2009 Pioneering changes in the franchise sector of South Africa Table of contents Message from FNB Authors’ backgrounds Introduction 1 2 3 Section 1 – Assessing the status quo: Where is franchising at present? The starting point 5 The current scene 6 International franchising 6 How does South Africa compare? 11 Roadblocks that hold franchising back 13 Why should we care? 23 What does the sector think? 24 Section 2 – Strategic outline: Where should franchising be? Proposed course of action 28 Prerequisites for exponential growth 31 Section 3 – Tactics: How will we get there? 34 Figures 1 The way shopping centres determine rentals 19 3 FNB Franchising franchise climate survey 2009 26 Tables 1 Provisions of the Competition Act as they affect franchise agreements 17 2 The franchise sector’s projected combined sales 29 3 Projected number of franchisors 29 4 Projected number of franchised units 30 5 Projected number of jobs the franchise sector will create 30 6 A model for a more equal allocation of shopping centre rentals 40 Appendix 1 Franchising terms 45 2 Facsimile of the Franchisee Climate Survey form 48 3 References 50 Message from FNB FNB Commercial is always looking for ways to help our clients to unlock the full potential of their businesses. Our Franchise Desk is dedicated to creating solutions for the franchise industry and our mission is to be the preferred financial service provider in the franchise sector. We decided to launch the FNB Franchise Think Tank 2009 in an effort to assist with the unlocking of franchising’s potential for skills transfer, job creation and the expansion of an economically sound middle class. Although franchising has shown some growth over the past few years, we believe that we haven’t even scratched the surface yet. We are prepared to do our bit to change that. Let us first acknowledge that times are tough economically but merely sitting it out, hoping that it will go away, is not the way to deal with the problem. Indications are that up to now, South Africa was less affected than most other countries and we want to keep it this way. We believe that franchising can make a meaningful contribution. The FNB Franchise Think Tank 2009 was launched as a collaborative effort in the sector joining franchisors, feedback from franchisees and other service providers in finding ways to unlock franchising’s capacity to foster business development and all that entails. This topic is of extreme importance to the future development of our country, nurturing entrepreneurs and contributing to wealth creation for small business owners. This white paper is the results of our joint effort with the foremost stakeholders of franchising. We were also fortunate to have input from industry experts on franchising and the economy, making it possible to produce a result of high quality. To this end, we wish to thank: Stephen Walters – Fernridge Consulting Eugene Honey – Bowman Gilfillan Cees Bruggemans – FNB Eric Parker – Franchising Plus Kurt Illetschko – ManualMakers We trust that this initiative will contribute to the growth and success of franchising in South Africa. Riaan Fouchè Head: FNB Franchising 1 Authors’ backgrounds FNB Franchising commissioned Franchising Plus CC to undertake some research into the franchise relationship, assist with the presentation of the 2009 Think Tank event and compile this paper. Its authors are Eric Parker and Kurt Illetschko. Eric Parker’s involvement with franchising began in the 1980s when he held senior positions with franchisors KFC and Interfare/Squires Holdings. After becoming a founder member of Nando’s, he made the move into franchise consulting. Today, Eric is a senior partner at Franchising Plus CC and highly sought after as a consultant, strategist, author and motivational speaker. In an effort to put something back into the sector that defined his career, Eric has served as a director and past chairman of FASA. In recognition of his achievements in franchising, he was named Franchise Personality of the Year 1995 and awarded life membership. Kurt Illetschko entered the world of franchising in 1975 as a franchisee, subsequently became a franchisor and eventually a franchise consultant. His involvement with FASA dates back to its inception in 1979; he served on its Board of Directors for many years, including six as executive director. He also wrote several books and numerous articles on franchising and small business which were published in South Africa and internationally. In recognition of his achievements, Kurt was named a life member of FASA in 2002. He remains an ardent supporter of ethical franchising and South Africa’s most prolific writer on the topic. 2 Introduction Although business format franchising has been with us for over four decades, progress has been slow, leading us to believe that the concept has failed to live up to its true potential. The hype that surrounds franchising may suggest that all is well and franchising is South Africa’s leading business expansion tool, but such statements don’t stand up to scrutiny. Much has been made of the growth in the number of franchisors, which allegedly has grown from 398 in 1998 to 531 in 2008.1 Unfortunately, franchisors are a moving target because as new entrants join the fray, unsuccessful ones leave. This makes these figures a little suspect and in any event, we believe that the acid test is market share. According to press reports, it continues to hover around 12% of retail sales, rather modest if compared with the figure for the US, which stands at over 50%, or Australia (about 25%). We can only conclude that we are somewhat lagging behind. This is puzzling because franchising, with its strong emphasis on branding, skills transfer and initial and ongoing support, is ideally suited to address the needs of our economy. We believe that the development of a strong franchising sector is key to addressing South Africa’s two most pressing needs, namely the promotion of entrepreneurship and job creation. It could also pave the way for sustainable BEE initiatives which, up to now, have been slow to take hold in the SME sector. For our readers’ convenience, we have divided this paper into three distinct yet closely interrelated sections: Section 1: Assessing the status quo – where is franchising now? We provide a brief history of franchising and explain where the sector finds itself at present. In the compilation of this section, we have drawn on three sources: 1. Outcome of a Franchisee Climate Survey FNB Franchising commissioned a Franchisee Climate Survey which was carried out during February 2009. Participants were asked to complete a questionnaire and analysis of the responses provided fascinating insights into the current thinking of the sector. 2 2. Feedback from the 2009 FNB Franchise Think Tank This was an interactive event held towards the end of February 2009. It enabled representatives of leading franchisors, franchisees, government and service 1 Taken from the 2000 Franchise Book of Southern Africa and the 2009 Franchise Directory respectively 2 The appendix contains a sample of the questionnaire used; the full results of the Franchisee Climate Survey are available in electronic format from FNB Franchising. 3 providers to discuss the current status of the sector, debate potential threats and available opportunities and develop ideas on how to make the best of the existing situation. 3. Input from experts We were fortunate enough to receive input from recognised experts in this field including attorney Eugene Honey of law firm Bowman Gilfillan and retail property guru Stephen Walters of Fernridge Consulting. Contributors from the FNB Team included chief economist Cees Bruggemans, head of the franchise division Riaan Fouché and franchise specialist Anita Du Toit. Our own experience in franchising includes practical exposure to the roles of franchisee, franchisor, franchise consultant, writer and strategic advisor to local and foreign companies. Section 2: Strategic outline – where should franchising be? In this section, we show where we believe the sector should (and could) be within the next five years in terms of entrepreneurship creation, employment targets and wealth creation. We also speculate what it could do for our country if we would join hands to achieve the relatively modest targets we are setting. Section 3: Tactics – how will we get there? Section 3 explains the tactics we believe should be used to reach the targets set out in Section 2. Once again, we are drawing heavily on feedback we received during the 2009 FNB Franchise Think Tank session. We know that the implementation of the proposed strategy will be a mammoth undertaking and the franchise sector will not be able to accomplish it in isolation. To ensure the desired outcome and secure franchising its rightful place in the economy, the commercial banks, several government departments, NGOs and academia will have to do their part. We provide suggestions on how these sectors can be brought together to ensure the best possible outcome. 4 Section 1 Assessing the status quo: Where is franchising at present? The starting point There are close similarities in the way in which franchising developed in South Africa and the rest of the world, with the US leading the way. Early franchisors were drawn primarily from the ranks of fast-food operators. However, while US systems inspired some South African entrepreneurs to expand via franchising, licensees of US-based concepts were not the first to set up shop in South Africa. The distinction of being South Africa’s longest established franchise operation belongs to Steers, now part of Famous Brands Limited. The first Steers restaurant was established by George Halamandaris in 1962, and franchising commenced in 1965. Halamandaris must have been happy with the way this pioneering franchise venture turned out for him because he launched several other brands, including Milky Lane, Black Steer and Burger Ranch, in quick succession. He sold these brands eventually and focused exclusively on the roll-out of Steers. 3 Franchising has come a long way since then and is no longer the domain of fast-food operators. The 2009 Franchise Directory lists 14 major industry sectors ranging from Automotive Products to Retailing; fast-food outlets and restaurants continue to have a significant presence but the services sector is making strong inroads. The versatility of franchising is further illustrated by the fact that the 14 major industry sectors could reasonably be broken down into at least 30 sub-sectors. In the US, this number exceeds 70. The concept has made it possible for entrepreneurs to expand their businesses at a much faster rate than would otherwise have been possible. It has also created a good number of millionaires, individuals who chose a franchise over total independence and achieved success by following the franchisor’s blueprint to the letter. We have often heard it said that franchising is “entrepreneurship with a safety net” and we agree. FASA’s official definition of franchising confirms this: “The business format franchise relationship is characterised by a continuing business relationship between the franchisor and the franchisee that extends beyond the implications of the product or service and trademark. It encompasses the entire business process, including marketing and advertising strategies, operating standards and procedures, accounting practices, quality control and operational standards. Above all, close communications between franchisor and franchisee will be maintained on an ongoing basis.” 4 3 Taken from Franchising in South Africa – the Real Story 4 Taken from How to evaluate a franchise 5 The current scene Everyone who is even vaguely familiar with the franchise sector will be aware of statements appearing in the media along the lines of, “Franchising is alive and well, and growing in leaps and bounds!” Sounds great but every time we heard it we had the uneasy feeling that we have heard it many times before. While doing research for this paper, we decided to check and a quick look through our archives confirmed our suspicion. Statements about franchising’s advances have appeared with monotonous regularity since the mid-1980s but reality does not bear this out. Of course there was some progress and a number of franchised brands have evolved into highly profitable and respected entities. It is our view, however, that when compared with its inherent potential, the development of franchising to date has been less than awe-inspiring. We wanted to outline how this could be changed; as point of departure, we decided to assess the current situation in South Africa versus a number of other countries. International franchising 5 There can be no doubt that franchising has taken the world by storm. It is safe to say that no other business model can match its success to date and although in some of the countries where franchising has been established for a very long time, the most popular sectors are beginning to show signs of saturation, franchising’s future remains bright. We know that examples have more impact than mere statements, so we looked at developments in various countries, namely Australia, Canada, Germany, New Zealand, UK and the USA. The information specific to each country is arranged in alphabetical order. Please note, however, that South Africa will be discussed after the section on international franchising, under a separate heading. Australia Given the similarities between the Australian and South African markets, we considered the Australian experience to be of specific interest to the local franchise sector. The information that follows was sourced primarily from a report compiled by Fred Potgieter, Special Counsel at DLA Phillips Fox. It includes statistics originating from a survey undertaken by Griffith University’s Asia Pacific Centre for Franchise Excellence which was conducted in 2008. In Australia today, 1 100 business format franchises are operational; an impressive 91% of these systems are home-grown. Systems growth between 2006 to 2008 amounted to 14.6%. 5 Taken from FNB Franchise Think Tank 2009 – Briefing paper for delegates 6 Franchisors operate through: 63,500 franchised units and a further 7,900 company-owned units Fuel retailers and motor vehicle outlets add a further 10,500 units, bringing the total to 81,900 units. The latest available sales figures date back to 2007. In that year, total sales through franchised outlets amounted to A$130 billion, broken down as follows: Sales through franchised units totalled A$61 billion Motor vehicle sales amounted to A$37 billion Fuel retail sales added a further A$32 billion Total sales account for about 25% of retail sales. Most franchise systems are relatively small, with the median being 20 franchised units and one company-owned unit per system. Franchising in Australia shows definite signs of maturity. On average, franchisors have been operating their systems for 15 years. Piloting was carried out for 4 years before franchising commenced. An interesting trend is what the report calls part-time franchising. Increasingly, franchisors accept franchisees who want to work less than 40 hours per week. Others permit multi-unit ownership. These are measures designed to attract individuals as franchisees who would otherwise be lost to the systems. Master franchising is used by a quarter of systems; they cite the need for handson franchisee support throughout large territories as the main motivating factor. Slightly more than 25% of franchise systems are active in international markets, mostly in New Zealand, the UK and Canada. On average, they operated 20 units domestically before venturing abroad. Master licence agreements are the preferred vehicle for international expansion. Australia’s franchisees are a stable lot, with only 7% of franchised units changing hands during 2007. The sector looks into the future with confidence. The somewhat fragile economic outlook notwithstanding, Australia’s franchisors expect their networks to grow, albeit at a slower pace. The sector’s interests are represented by the Franchise Council of Australia which has over 1,100 members. 7 Developments on the legal front Franchising in Australia is regulated by the Franchising Code of Conduct which is a mandatory industry code. The Code is prescribed under section 51AD of the Trade Practices Act 1974; it was last reviewed in 2006 und has been updated several times since. In essence, the code defines what constitutes a franchise, stipulates stringent disclosure requirements and prescribes the content of franchise agreements. Further amendments which could impact heavily on the conduct of franchising including foreign franchisors wishing to grant a master licence are currently under discussion. One particularly controversial proposal is that if the franchise agreement is not renewed at the end of the agreed term, franchisees should be entitled to compensation. The author of the report concludes, and we quote: “Franchising in Australia remains healthy and destined to continue its growth despite the global financial and economic crisis. Unfortunately, compliance costs and the risk of even inadvertent contraventions of the Code and Act are high, necessitating the need for professional advice from an experienced legal practitioner.” Canada The website of the Canadian Franchise Association provides the following information: Franchising in Canada represents over C$100 billion in sales per annum; this is equal to 40% of all retail sales or 10% of GDP. A good mix of local and international brands is represented through 78 000 franchised units. The sector employs over 1,000,000 people. The Canadian Franchise Association has over 500 members and is growing at a rate of 10% per annum. Germany The most recent statistics date back to 2007. During that year, Over 900 franchise systems were in operation. These systems are a good mix of home-grown and foreign concepts, many of the latter operating under master licence arrangements. The sector recorded 56,000 franchised units. Franchisors and franchisees employed a combined total of 441,000 people. Sales through franchised outlets totalled 41.54 billion Euros. 8 New Zealand Although New Zealand’s population is a mere 4.2 million people, it is served by about 350 franchise systems. This makes it the country with the highest proportion of franchises per capita world-wide. 70% of the franchise systems are home-grown, with the balance imported from various parts of the world. Not surprisingly, brands from the US and UK dominate. Franchising is a relatively late starter in this country, with most of the existing systems having established themselves during the 1990s. Earlier arrivals were McDonald’s and KFC, and over the past few years, the Subway brand has made strong inroads. While New Zealanders are born entrepreneurs and receptive to franchised brands, they mix this with a dose of scepticism. This is the result of some early franchise failures but things are now settling down and the future for franchising looks bright. Service franchises are seen as particularly attractive. The Franchise Association of New Zealand has about 230 members, mostly franchisors. Its members are required to abide by a Code of Conduct which sets minimum standards and is heavily promoted. About one quarter of New Zealand’s franchise systems have ventured into foreign markets. One outstanding example of this is Fastway Couriers which has evolved into the world’s largest courier franchise. Expansion into overseas countries takes place largely through master franchise arrangements. UK Franchising in the UK: Is populated by 809 brands, consisting of a mix of home-grown and imported concepts. 45% of all franchisors are members of the British Franchise Association (BFA). The franchise sector employs a total of 383,000 people. Total sales during 2008 reached ₤12.4 billion and the average annual turnover of a franchised unit is ₤360,000. Franchisees borrow an average of ₤70,000 to fund their franchise. The vast majority of franchisees, 91% to be exact, report that their operation is profitable. 9 88% of franchisees report that they are satisfied with the way their franchisor deals with them.6 When asked to describe their biggest problem, 65% of franchisors mentioned franchisee recruitment. Of that number, 88% are now using the Internet to attract prospects. 265 systems have an international presence, mostly under master licence arrangements. The favourite destination is Europe, where 30% operate. We all know that the UK has been affected by the current economic crisis to a much greater extent than South Africa. It is refreshing to note that the BFA, instead of trying to downplay this unpalatable reality, has come up with an innovative solution. They contact companies that are announcing retrenchments and offer to speak to the affected staff. The impact of this initiative is twofold: 1. Workers who want to use their retrenchment package to start their own businesses gain a solid understanding of how franchising works, and what pitfalls they need to look out for. The BFA has even undertaken to assist suitable candidates in making the right decision, at no cost to them. 2. Members of the BFA gain exposure to relatively large groups of individuals who are forced by circumstances to make a decision about their future. Given the prevailing circumstances, it is safe to assume that many will be reluctant to hunt for another job, an endeavour that may prove futile. Those who have what it takes to become franchisees will grasp the offer of “entrepreneurship with a safety net” with both hands. This is an outstanding example of working together for mutual benefit and in the true spirit of franchising. USA If any country in the world was harder hit by the current economic crisis than the UK then it must be the USA. This notwithstanding, the franchise sector remains upbeat and why shouldn't it? Franchisors reason, with some justification, that precisely because times are tough and people are losing their jobs through no fault of their own, franchising offers excellent opportunities for a new career. They openly admit, however, that raising finance has become something of a challenge. The latest available statistics, although published during 2008, are based on figures reflecting the situation as it was in 2005. They paint a picture of awesome achievements: 6 This proves a point we have often made, namely that profitable franchisees are happy franchisees. 10 Sales through franchised outlets exceed $880 billion; if indirect economic activity (supply of goods by non-franchised businesses to franchise chains) is taken into account, this figure rises to $2.3 trillion. The US-market is serviced through over 900,000 franchised outlets which hold about 50% market share in the retail sector. The franchise sector provides a total of 21 million direct and indirect jobs; total salaries paid total $660.9 billion. The membership of the International Franchise Association (IFA), the world’s oldest and largest representative of the franchise sector, is made up of: 1,300 franchisor members Over 10,000 franchisees More than 500 suppliers to the franchise sector. The IFA arranges local exhibitions and international trade missions. It also operates a strong educational programme, a conciliation programme and various initiatives designed to bring disadvantaged individuals into the economic mainstream and help them to become successful. It even monitors legal developments and makes certain that its members’ interests are represented at legislative level when indicated. Other observations In the aftermath of the funding crisis, financiers have become jittery and turn down deals that are perfectly sound. Forward-looking franchisors have recognised this and offer deserving franchisees a lifeline in the form of an interest-bearing loan. New prospects and existing franchisees that see viable opportunities to operate additional units are offered reduced upfront fees. In view of the relative saturation of the US market, US franchisors are increasingly seeking expansion opportunities abroad. Having rolled out operations in the UK and much of Europe, they are now targeting developing countries, with China and India the flavour of the month. Neither South Africa nor the African continent as a whole seem to feature highly on US franchisors’ list of target markets. We can only assume that the relatively low number of people with disposable income keeps them away at present but believe that over time, this will change. How does South Africa compare? According to newspaper reports, the latest available figures, published during 2008, paint the following picture: 531 systems, operating through about 28 000 units, operate in a variety of 11 business sectors ranging from automotive to retail. This is up from 358 systems on record 10 years ago. The fastest growing sectors are services with 26 new systems, followed by retail with 22 new systems. Lumped together, franchisors and their franchisees employ over 460,000 people, up from 390,000 two years earlier. The largest employer within the sector is retail with almost 120,000 employees, followed by food outlets (fast food operations and restaurants combined). The bulk of franchise systems active in South Africa are home-grown. 95 local franchisors operate a total of 387 units in other countries. Although some franchisors have ventured as far afield as Australia, the UK and Europe, Namibia (159 units) and Botswana (97 units) are the most popular destinations by far. Average franchise fees are as follows: Upfront fee R106,000 Management services fee 5.82% Contribution to the marketing fund 2.4%. FASA The Franchise Association of Southern Africa (FASA) continues to be seen as the sole representative of ethical franchising. Its Code of Ethics and disclosure requirements are widely seen to rank among the best world-wide. In this context, it is noteworthy that FASA pioneered several initiatives designed to protect the interests of prospective and established franchisees, being the first in Africa to formulate a Code of Ethics that was binding on its members and the third country in the world to introduce formal disclosure requirements. FASA offers membership in three categories: Franchisor member (also known as full membership) Preliminary member (open to new franchisors) Supplier/service provider member (open to advisors and suppliers to the franchise sector). Following several attempts on organising franchisees under the FASA banner, the establishment of a loose association for franchisees, to be known as the Franchisee 800 Club, is currently in the pipeline. It is regrettable that over the past ten years, membership of FASA has experienced negative growth. One can only assume that many of the self-styled 12 franchise networks consider FASA’s membership requirements as being too onerous and prefer to do their own thing. This would not be too bad if only prospective franchisees would accept FASA’s advice to deal with accredited members only. Unfortunately, this is not the case and people continue to invest in ill-conceived franchise schemes, often with disastrous consequences. FASA’s current membership is as follows: About 140 franchisors 7 About 40 suppliers/service providers to the sector. FASA’s activities include: The operation of the International Franchise Expo. This is Africa’s exhibition dedicated to franchising. It is an annual event that brings together franchisors, prospective franchisees and advisors from South Africa and various parts of Africa and the world. The publication of the annual Franchise Directory which has become South Africa’s leading reference work for those interested in franchising. This publication is supported by an informative website and other expert publications are also available from FASA. The presentation of the FASA Awards for Excellence in Franchising, established since 1990. Roadblocks that hold franchising back To be able to make meaningful recommendations regarding the advancement of franchising in South Africa, we first needed to identify the roadblocks that hold its development back. We have managed to identify 12. Our intention is not to apportion blame but to highlight what the sector is up against and create a platform for future action. The economic downturn Speaking at the FNB Think Tank 2009, FNB’s chief economist Cees Bruggemans explained that while South Africa was relatively better off than many first world countries, it would be unrealistic to expect that it would remain totally unaffected. As part of the world economy, South Africa feels the impact of capital flight due to investor nervousness, wildly fluctuating exchange rates and export markets drying up. Some of the key points made are: 7 The membership figure for franchisors excludes firms that have been granted preliminary membership and franchisees of FASA members who are informally linked to FASA. 13 Global economic forecasts haven’t caught up with reality yet. That doesn’t bode well for dollar-based resources prices. The inflation picture is not as rosy as previously envisaged. The gaping current account deficit remains a cause for concern and renders the Rand vulnerable. Out of a total of 9 million formal employees, 3-4% are in grave danger of losing their jobs while another 10-15% have reason to feel anxious about their prospects for the immediate future. During the recent past, steel output in South Africa was cut by 30% and car sales are down by the same percentage. The real estate sector lost 50% of its business. Government is doing much to minimise the impact of the downturn, only perhaps a little too late. The poor image of franchising While in other countries, successful entrepreneurs are highly regarded, with some enjoying almost rock star status, entrepreneurship is far less popular in South Africa.8 Although the education system is now including entrepreneurship in its curricula, the attraction of preparing for a career as an employee of a large corporation or government appears to remain strong. It is a sad reality that far too few young people consider entrepreneurship as a desirable career choice; becoming a franchisee ranks even lower on their wish list. Contrast this with the prevailing attitude in the US where a recent poll revealed the degree of esteem owners of small businesses and entrepreneurs enjoy. In response to the question, “Who will lead us to a better future?” those polled placed entrepreneurs at the top of the list with 63%; science and technology leaders came a credible second with 52% while government and large corporations trailed with 31% and 21% respectively. Traditional media made up the rear with 13%.9 We don’t know of a similar study having ever been undertaken in South Africa but with the battle cry “Government must provide” having now become our (unofficial) national anthem, we have little doubt how this would work out. Turning back to the US poll, we found the low ranking of the media particularly interesting. It has long been our contention that they should accept part of the blame for franchising’s poor image. They are quick to report on so-called “franchise failures” without investigating the underlying circumstances first. More often than not, the 8 Taken from Global Entrepreneurship Monitor (GEM), South African Report 9 Taken from http://smallbiztrends.com 14 franchisee is presented as the victim and the franchisor as the villain. While this may be justified in some cases, we have found that in the majority of instances the franchisee should accept at least part of the blame. Interestingly enough, the media rarely consider stories about the many millionaires drawn from all walks of life that franchising has created as newsworthy. Even BEE initiatives that are realistic and sustainable are usually ignored. We placed “franchise failures” into inverted commas because we believe this term to be a misnomer. After more than six decades of combined experience in franchising, we have yet to come across an instance where the concept of franchising was to blame for the failure of a network. In our view, franchising is a precision tool; in the hands of an artisan, it will perform well. If used by a novice, the results may disappoint. Every so-called franchise failure we have become aware of has as its root cause a shocking disregard for even the most rudimentary tenets of franchising; more often than not, both by the franchisor and by those who allowed themselves to be lured into the network are to blame. Over the past five decades, a vast body of knowledge has been accumulated that can be adapted to every concept’s needs. And there is no need to call in overseas experts to gain access to this knowledge because it is on tap right here in South Africa. In our view, strict adherence to proven guidelines is vital. This is why we have a problem with people who fail to understand the intricacies of the franchise concept yet feel qualified to make irresponsible comments. We remember a well-meaning but illinformed individual who shall remain nameless giving a speech at the opening of a major FASA function. Referring to the difference between a product franchise and a business format franchise, he made the following remark: “Let’s not worry about definitions and rules, let’s just get on with making money”. Following such advice could get people into serious trouble. Chances are that once this happens, they will be quick to blame franchising for their losses but this is neither constructive nor fair. Better to play by the rules from the beginning and reap the rewards that will almost certainly follow. Inaccurate perceptions by overseas franchisors Relatively few foreign concepts come to South Africa, be it under the mantle of direct franchising or under a master licence agreement. In the past this was not surprising because the trade sanctions imposed on South Africa during the 1980s kept many brands away but this restriction no longer applies. The scarcity of foreign concepts is a pity because foreign franchisors bring with them not only new ideas and valuable skills but in some cases even significant direct foreign investment. McDonald’s is an outstanding example of this responsible approach to international franchising. We believe that foreign franchisors’ continued reluctance to set up shop in South Africa is the result of a series of misconceptions. On the one end of the scale are those franchisors who see Africa as “the lost continent”, beset by poverty, riddled by disease and held to ransom by crime. They place South Africa and the entire continent of Africa 15 at the bottom of their list of expansion targets because they think that we have nothing to offer. On the other end of the spectrum are those blinded by population numbers. They choose to ignore the fact that a substantial portion of the population lacks any disposable income. This results in unprofessional foreign franchisors offering master licences to individuals who are naive enough to pay a large licence fee based on a head count, without regard to real purchasing power. A deal is signed, money in the form of a hefty licence fee leaves the country, the licensee receives some training overseas but from then onwards, its downhill all the way. The hapless master licensee is expected to bear the costs for adapting the product or service to local expectations, often without technical or financial help from the franchisor. More often than not, the licensee runs out of operating capital, leading to the demise of the brand before it had a realistic chance to make inroads into the market. Not surprisingly, such unfortunate experiences reinforce negative perceptions about our country on the one hand and the concept of franchising on the other. This is detrimental all-round because it fails to take into account Africa’s real potential and how to convert it into a sustainable business arrangement. It also ignores South Africa’s position as a thriving consumer market in its own right as well as being the gateway to the rest of Africa. For all this to come to fruition, however, requires participants to take a long-term view. The South African Reserve Bank’s strict scrutiny of licence agreements and their frequent refusal to sanction deals is another hindrance, although in some cases, this can work out for the best. For reasons explained above, local investors should be grateful to the Reserve Bank for not granting them permission to squander their money (and our country’s scarce foreign exchange) on licence arrangements that fail to deliver on their promise. Lack of legal certainty Not having specific franchise legislation in place can be problematic, simply because existing legislation that wasn’t written to accommodate the franchise sector’s special requirements could, albeit unwittingly, outlaw practices that are essential in the operation of a franchise. The Competition Act is a case in point. It outlaws several practices that are essential to the operation of an effective franchise network. Table 1 provides details. 16 Table 1 Provisions of the Competition Act 89 of 1998, as amended, as they affect franchise arrangements Provision Comment Use of Resale Price Maintenance Franchisors are permitted to set recommended retail prices but may not take action against franchisees who fail to take heed. This is bound to create confusion among consumers who may be charged different prices for the same product in different outlets of the same network. It also causes friction between members of the network and renders the financial projections provided by the franchisor in good faith meaningless. The granting of exclusive territories This prohibition makes it impossible for a franchisor to grant territorial protection. It could even encourage rogue franchisees to engage in the practice of “cherry picking” – serving the most profitable customers in adjoining territories without providing the service and backup users of the brand have come to expect. Exclusive dealing It is common practice for franchise networks to compel franchisees to purchase products from the franchisor or a supplier nominated by the franchisor. Some franchisors feel that this is necessary to maintain product quality and with it the standing of the brand. For others, it is the sole reason for the existence of the franchised network (Example: manufacturer or importer of a product that is distributed through franchised outlets.) Tying of products Some franchisors insist that franchisees purchase not only the network’s core product(s) but also other items from the franchisor or a supplier nominated by the franchisor. Alternatively, the franchisor insists that the franchisee stocks the entire range even if there should be little demand for certain items. Intellectual property rights The Competition Board acknowledges that the owner of IP should enjoy protection but has problems with the owner threatening with the withholding of supplies if, for example, a franchisee charges inflated prices. The Competition Commission is at pains to point out that it recognises the potential of franchising for the creation of small businesses, the inclusion of formerly disadvantaged individuals into the economic mainstream and job creation. It maintains, however, that while franchising is a successful, common and often efficient method of distribution, it may be problematic from a common law perspective. In an effort to create some certainty, the Commission has published a “Franchising Notice” that outlines its views on franchising and attempts to soften the impact of the competition legislation to a certain extent. The way we understand it, however, this 17 document does not create legal certainty and therefore fails to provide comfort to prospective franchisors.10 This is of great concern to large companies who are understandably reluctant to enter into legal agreements that have the potential to become problematic. This is a pity, especially in the South African context. Sufficient evidence exists that loss-making branches can be turned into profitable businesses if control is passed over to an individual who owns the business and operates it hands-on. This is known as the “owner-operator effect” and has been shown to create win/win situations all round. Because of the current legal situation, this is not happening at the rate it should, leaving closure of loss-making branches as the only viable alternative. The Consumer Protection Bill (CPB) is another piece of legislation that has the potential to impact severely upon franchise arrangements. It defines franchisees as consumers and regulates the interaction between franchisors and franchisee to some extent. Following the publication of a series of draft versions of the Bill, the Franchise Association of Southern Africa has made several submissions aimed at avoiding unintended outcomes once the bill is enacted. This notwithstanding, many questions remain unanswered and franchisors have good reason to be concerned. During the FNB Franchise Think Tank 2009, Eugene Honey, a director of law firm Bowman Gilfillan, spoke extensively on this topic. Delegates were left in no doubt that the bill will regulate franchise agreements, impact on supply chain arrangements and govern the contractual interaction between franchisor and franchisee to a much larger extent than has previously been the case. We have to accept that in some way, the freedom to contract will be diminished. To avoid falling foul of the provisions of the act, once promulgated, the onus will be on franchisors to provide justification for certain restrictions placed on franchisees. They need to demonstrate that these are essential for the effective operation of the network and not against public interest. Although most of these requirements are eminently reasonable, they have the capacity to turn negotiations with prospective franchisees into a minefield. This may discourage companies from franchising their businesses. If so, it would clearly be to the detriment of the economy. Ways around this problem must be found, albeit without watering down the good intentions of the CPB. Shopping centre rentals are too high Most franchised businesses fall within the SME sector and many require good retail space. Unfortunately, shopping centre owners expect them to pay significantly higher rentals per square meter than large national chains. We investigated the reasons for this and were appalled to find that the current system of allocating rentals to retail space of identical value is heavily slanted in favour of the large national chains. It is accepted practice for the owners of a shopping centre to 10 The application of certain provisions of the Competition Act 89 of 1998, as amended, to franchise agreements 18 calculate how much rental income thy need to generate to become profitable. Instead of working out a flat rental per square meter based on position they accept very low rentals from the large chains and make up the resulting shortfall by inflating rentals demanded of smaller tenants, as Figure 1 illustrates. Figure 111 This practice impacts negatively on the commercial viability of setting up new small businesses and therefore hinders expansion of this important sector, but there is more. Over the past few years, we have observed a growing tendency among landlords to demand outrageous increases in shop rentals when the lease agreement comes up for renewal. Anecdotal evidence suggests that increases can be as high as 100%. When faced with such exorbitant demands, a growing number of owners of small businesses simply throw in the towel. These are people who have been operating fairly successful businesses but realise that to pay the increased rentals would erode their profitability to such an extent that it would no longer viable to carry on trading. After doing their sums, they simply close their stores. This results in job losses and a decline in economic activity (including the ability to pay taxes), two negatives South Africa can 11 Taken from a presentation by Stephen Walters of Fernridge Consulting 19 ill-afford. Lack of professionalism among prospective franchisors Many companies are attracted to franchising for the wrong reasons, with the expectation of making easy money in the form of franchise fees topping the list. In this context, we have identified the following problems: A self-styled franchisor offers franchises before the concept has been properly developed. Precisely because a franchise is seen as a blueprint to business success, such a cavalier approach is totally unacceptable; some experts even call it fraud, and we concur. Lack of resources causes the self-styled franchisor to skimp on ongoing support. Unless the franchisor has the funding needed to prepare a professional franchise package and survive the initial period after the launch where outgoings are certain to exceed incomings by a substantial margin, the franchise is doomed from the start. The size of the market and/or the trading potential of a specific site are overestimated. As a result, they are overstated in discussions with potential franchisees. Poor judgement is applied in the selection of franchisees. Inexperienced franchisors, especially those that are under-resourced, often consider an applicant’s ability to support the necessary investment as the decisive factor for admission to the network. Insufficient initial and ongoing support offered to franchisees. This point is of sufficient importance to bear repeating: Franchisors have a moral obligation to offer their franchisees a level of support that helps them to become successful. In combination, these factors have the capacity to destroy a promising brand.12 Lack of professionalism among established franchisors Established franchisors are not immune to making mistakes either. In many instances, they make some or even all the mistakes listed above and then go on to add a multitude of cardinal sins of their own to the mix. Lack of transparency. Many franchisors refuse to discuss their long-term strategies and short-term tactics with their franchisees before they implement them. They try to introduce new initiatives “by decree” and are surprised when their franchisees, who have made substantial investments and see themselves as partners in the business, are less than enthusiastic in their support. 12 The prerequisites for successful franchising are set out in Eric Parker’s 21 proven steps to franchise success published in Franchising in South Africa – the real story. 20 Corporate greed. Cases are on record where double, even triple-dipping, has occurred. For example, the franchisor may charge mark-ups on product supplies, retain periodic rebates granted by suppliers and collect hefty franchise fees. Reluctance to share the risk. Some unscrupulous franchisors are quite content to collect upfront fees and ongoing fees from their franchisees but chose to ignore the fact that these franchisees fail to make money. Eventually, the brand will suffer but once this happens, these franchisors will walk away unscathed. Unrealistic product promotions. The introduction of promotions that drive sales but reduce franchisees’ trading margins below realistic levels is a closely related issue. Especially during periods when the economy is in a downward cycle, some franchisors try to maintain market share by cutting prices to the bone. This may be necessary but there can be no doubt that it puts pressure on franchisees’ trading margins, resulting in bitterness among franchisees. The “know-it-all” syndrome. Many franchisors are convinced that they know everything there is to know about the business and refuse to ask for help when they need it. They forget that as franchisors, they are no longer in the food business or the real estate business or any other industry sector. They are in the business of putting people into business and helping them to become successful. Unwillingness to assist franchisees who wish to expand. During the early days of franchising, it was a “sellers’ market” and franchisors could dictate the terms of their franchise agreements. One of the most onerous clauses introduced back then is the one that prevents franchisees from operating more than one unit of the same franchise as well as any unrelated businesses. It is also the most destructive because it practically forces ambitious franchisees to leave the network so that they can regain their freedom. When times are good, we are the first to warn against offering “special deals” to franchisees but we recognise that desperate times call for appropriate responses; unfortunately, not many of our franchisors see it that way. Lack of sound judgement by prospective franchisees Prospective franchisees are not without blame. After speaking to thousands of them, and answering many questions from ex-franchisees who encountered problems, we feel qualified to list some of the most common problems. Prospective franchisees fail to assess their own skills, abilities, likes and dislikes with some degree of realism. Once in discussions with a franchisor, prospects tend to overstate their level of business experience and the amount of capital they will be able to invest. Unwillingness to follow a series of clearly defined steps before they pay over any 21 money or sign a franchise agreement is another reason for failures.13 Reluctance to “work the system” among established franchisees Some franchisees expect the franchisor to do their job for them and become very upset if this does not happen. After a stint as franchisee that ended in financial distress, a failed entrepreneur told his ex-franchisor’s lawyer: “I quite enjoyed being my own boss. What spoiled it for me was the fact that I was expected to be my own employee.”14 A few years after joining a brand, some franchisees begin to think that they know everything there is to know about the business. They ignore the Field Service Consultant’s advice and start tinkering with the system. When the franchisor puts a stop to this, as he is compelled to do, they cry “foul”. Another common complaint made by franchisors is that some franchisees habitually fail to submit returns on time, refuse to participate in promotions and rarely if ever attend meetings or seminars that have been arranged for their benefit. Some franchisees are dishonest. For example, they may under-declare sales to reduce fee payments but this is outright fraud. Shortage of low cost of entry opportunities Unlike other countries, for example the UK where so-called “one man and a van” franchises are omnipresent, South Africa has very few low-cost-of-entry franchises. This discourages many would-be entrepreneurs from becoming franchisees, simply because they cannot support the relatively high initial investments available opportunities demand.15 Banks’ reluctance to provide funding Lack of access to funding is the most common roadblock mentioned by both aspiring entrepreneurs who wish to invest in a franchise and established operators who wish to expand their businesses. This is surprising because broad agreement exists that the survival chances of a start-up under franchise are significantly greater than if the operator is independent. Lack of government support No evidence exists that Government currently supports franchising. We are aware that during the mid-1990s, a Ministerial Committee on Franchising was formed but following 13 How to evaluate a franchise offers copious checklists 14 Teach yourself franchising 15 The 2009 Franchise Directory lists very few low cost investment opportunities 22 the publication of a paper that made some meaningful suggestions16 the initiative was allowed to fizzle out. Another promising initiative was the commissioning of a manual that outlines franchising best practices based on local and international findings.17 Although this document was the result of an intensive consultative process and remains accessible on SEDA’s website to this day, it is largely ignored. Misleading advertising The relative success of franchising and the hype that goes with it had the unintended effect of attracting reckless and sometimes even fraudulent operators who were not interested in building a solid franchise infrastructure but wanted to reap quick profits from some underdeveloped or unworkable scheme, using the good name of franchising as a cover.18 They place advertisements for “franchise opportunities” backed by wildly exaggerated claims of potential and profitability, then sit back and wait for the gullible to invest. Many continue to do so and when the bubble bursts, they blame franchising for their misfortune. Why should we care? We have listed a variety of reasons why franchising has failed to develop to its full potential but why should we care? In our view, the underutilisation of franchising should be seen as a national concern because it translates into missed opportunities to: Create new enterprises. Franchising is an ideal vehicle for start-ups because of its significantly reduced failure rates. It is often described as entrepreneurship with a safety net, and rightly so. Accelerate the creation of employment opportunities. Almost every franchised outlet employs staff. The number of employees a typical franchise will absorb can vary from 2-3 in the instance of a small service franchise to 100 or more employed by a Pick n Pay Family Store or a Dis-Chem Pharmacy. Improve levels of statutory compliance. Experience has shown that on the whole, formalised businesses tend to be more compliant when it comes to statutory returns and payments, they understand the need to pay taxes and they tend to create better working conditions for their staff. Offer consumers certainty. To remain competitive, known brands are practically 16 17 18 National Strategy for the Development and Support of Franchising in South Africa Best practice manual for franchising How to franchise your business 23 forced to offer their customers a pleasant shopping experience, value for money and fair product guarantees. As part of any such network, franchisees are compelled to comply. Encourage big players to enter this field. Franchising is an ideal vehicle for the revitalisation of tired branch networks. Many large companies would like to avail themselves of this but are concerned that the perceived complexities and legal uncertainties that currently exist in franchising outweigh the franchise concept’s proven advantages. Create realistic and sustainable BEE schemes. Instead of closing a loss-making branch, it can be offered to a deserving member of staff, possibly initially within the framework of a joint venture. This would have to be structured in such a way that the staffer will ultimately own the business outright but would continue to operate it under franchise. Strong anecdotal evidence exists that “placing the owner behind the counter” can have a dramatically impact on the profitability of a store. Instead of being left with the aftermath of a store closure, namely loss of footprint and market share for the company, an empty shop for the landlord and perhaps 20-50 people joining the unemployment queue, we end up with a thriving business. What does the sector think? The first FNB Franchisee Climate Survey was carried out during February 2009. A questionnaire was sent out to a representative sample of franchisees, mostly drawn from among FNB clients, and the recipients were asked to rate various aspects of their experiences as franchisees on a scale from 1-5. A credible 20% of the target population responded and the results make for interesting reading.19 Figure 2 provides summaries of some of the answers given by respondents. Moreover, a wide cross section of franchisors and other franchise personalities were actively involved in discussion groups during the FNB Franchise Think Tank 2009; they also provided some feedback through targeted questionnaires. Whilst quantitative surveys into franchising have been carried out for years, this is the first time that a survey of this nature has been undertaken and we’d like to congratulate FNB Franchising on this initiative. 19 A sample of the questionnaire is included in the Appendix and the full set of results of the Franchisee Climate Survey is available in electronic format from FNB Franchising. 24 Figure 2 FNB Franchise Climate Survey 2009 1. The early days of being a franchisee 2. Ongoing operations 2. Ongoing operations - continued 3. Relationship with my bank 4. Background information 25 4. Background information - continued 5. Future outlook 26 Franchisees’ top ten concerns The question “What burning issues would you like to see addressed (by your franchisor)?” elicited some interesting answers from the participants in the Franchisee Climate Survey. We have selected their top ten concerns and reproduce them below: 1. Assistance with dealing with the impact of the current economic situation on the business. 2. More national marketing undertaken by the franchisor. 3. More support from the franchisor. 4. Access to information regarding planned expansion of the network. 5. Shortening of the time it takes banks to approve loan applications. 6. More and better ongoing training provided by the franchisor and/or the network’s field service consultants. 7. Management services fees (“royalties”) should be based on profitability rather than sales. 8. The duration of the franchise agreement and subsequent renewal periods; they are considered to be too long. 9. Periodic rebates granted by suppliers should be shared more equally. 10. Territorial guarantees should be given. Preliminary conclusions Based on the results of this survey, it appears that overwhelming majority of franchisees are reasonably happy with their lot. They expect their businesses to be profitable during 2009 and, once their franchise agreements come up for renewal, they plan to renew them. This notwithstanding, we gained the impression that communication between franchisors and franchisees is in need of improvement. We expected that and have every intention to explore it further. Due to production deadlines, we were unfortunately unable to complete this task in time for inclusion into this paper but plan to follow up on this and publish the outcome in due course. 27 Section 2 Strategic outline: Where should franchising be? Based on the experience of other countries and taking the many advantages franchising offers in the South African context, franchising’s market share should be far greater than the 12% of retail sales (excluding petroleum sales) it currently commands. We believe that it should have reached at least 25% by now and we are conservative here because in several other countries, the figure is in the mid-20s and in the US it has passed the 50% mark. Proposed course of action We believe that to achieve this requires a three-pronged approach as follows: The setting of a clear strategic direction The assembly of a team of suitable role players who are prepared to see this project through The development of suitable tactics plus a firm commitment from everyone involved to adhere to agreed timelines for implementation. Before we go into the detail of this, let’s do what good strategists do best – let’s dream a little. Let’s ask: What would happen if …? 20 Available evidence suggests that when it comes to either easing newcomers into entrepreneurship or expanding an existing business into a multi-branch operation, franchising has no equal. In the South African context, this is of particular importance because government has identified job creation and the promotion of entrepreneurship as issues of national priority. All the hype surrounding franchising in South Africa notwithstanding, we believe that it has failed to reach its full potential. In this chapter, we outline steps which we believe would result in franchising waking from its slumber and making the contribution to the economy that we know it is capable of. Our suggestions are in tune with government’s Asgisa programme and, if implemented, will have a significant impact on entrepreneurship development and job creation. There is a strong affinity between franchising and Ubuntu, South Africa’s quintessential spirit of togetherness: “We exist because other people exist!” 20 Adapted from chapter 8 of Franchising in South Africa – the real story 28 Projecting performance Before we can make meaningful predictions, we need to make a few assumptions. Let us accept that at present, 530 bona fide franchisors are active in South Africa, operate through 28 000 outlets, which are mostly franchised, and achieve combined sales of R147.35 billion. (These figures exclude petrol sales.) Let us further assume that on average, each outlet employs 16 people and that over the next five years, growth rates ranging from 5% to 25% will be achieved. These assumptions are highly conservative because many franchises employ 35–50 people per outlet, some significantly more. For example, Pick ’n Pay Family Supermarkets have up to 100 employees per store. Turning to the sector’s growth rates, figures of between 25 and 35% are often claimed while we look at a more conservative 5-25%. The following tables show what the effect of this would be: Table 2 2013 2012 2011 2010 2009 Projected growth rate Base figure (2008, excl. petrol outlets) The franchise sector’s projected combined sales expressed in R billion If growth of 5% is achieved 147.35 154.72 162.46 170.58 179.11 188.07 If growth of 10% is achieved 147.35 162.09 178.30 196.13 215.74 237.30 If growth of 15% is achieved 147.35 169.45 194.87 224.10 257.72 296.38 If growth of 20% is achieved 147.35 176.82 212.18 254.62 305.54 366.65 If growth of 25% is achieved 147.35 184.19 230.24 287.80 359.75 449.69 Table 3 2013 2012 2011 20110 2009 Projected growth rate Base figure (2008, excl. petrol outlets) Projected number of franchisors (franchise systems) If growth of 5% is achieved 530 556 584 613 644 676 If growth of 10% is achieved 530 583 641 705 776 853 If growth of 15% is achieved 530 609 701 806 927 1 066 If growth of 20% is achieved 530 636 763 916 1 099 1 319 If growth of 25% is achieved 530 662 828 1 035 1 294 1 617 29 Table 4 2013 2012 2011 2009 Base figure (2008, excl. petrol outlets) Projected growth rate 2010 Projected number of franchised units If growth of 5% is achieved 28 000 29 400 30 870 32 413 34 034 35 736 If growth of 10% is achieved 28 000 30 800 33 880 37 268 40 995 45 094 If growth of 15% is achieved 28 000 32 200 37 030 42 584 48 972 56 318 If growth of 20% is achieved 28 000 33 600 40 320 48 384 58 061 69 673 If growth of 25% is achieved 28 000 35 000 43 750 54 687 68 359 85 449 Table 5 2013 2012 2011 2010 2009 Base figure (2008, excl. petrol outlets) If growth is Projected number of jobs the franchise sector will create ( stated in 000) 5% 460 483 507 532 559 587 10% 460 506 556 612 673 741 15% 460 529 608 700 804 925 20% 460 552 662 795 954 1 144 25% 460 575 719 894 1 123 1 404 Note: all figures stated above have been rounded off. What can we learn from this? The above tables show that if the franchise sector can maintain an average growth rate of a modest 15%, its contribution to the economy will double across the board within five years. As far as sales figures are concerned, it is safe to assume that an increase of 5% per annum will be achieved almost automatically – inflation will see to that. This cannot be classified as growth. However, to increase sales beyond the 5% level and to create the projected number of franchisors, franchisees and employees will require a series of targeted interventions. This raises the question, “Which measures will stimulate franchising’s growth and who needs to accept responsibility for their implementation?” It is clear that a project of this magnitude cannot be tackled successfully by any one grouping. The franchise sector will have to come to the party in a big way, and 30 government will also have to assist. Let us be clear about one thing, though: we are not calling for government hand-outs – merely for the creation of conditions that are conducive to the growth of franchising. Prerequisites for exponential growth The merits of franchising are no longer in doubt. The foundations needed to ensure exponential growth are in place, but to deliver on its promise the sector must attract additional quality participants, preferably drawn from the corporate sector. At the same time, care must be taken to ensure that the entry of new players does not create an imbalance. As we grow existing systems and create new ones, we need to grow the pool of prospective franchisees simultaneously, or problems of a different kind will emerge. To achieve our stated objectives, we believe that the following needs to happen. Standards of franchising need to be improved To accelerate growth of existing systems, franchisors need to improve operational standards. Although several strong franchisors exist, they are outnumbered by weaker systems. Many of the latter franchised their businesses prematurely and/or for the wrong reasons. As a result, they as well as their hapless franchisees may plod along but are unlikely to excel. The criteria for professional franchising are well known and the required expertise is on tap. Franchising’s Achilles heel is that no mechanism is in place that enforces adherence to minimum standards. This allows anyone to masquerade as a franchisor, to the detriment of an unsuspecting public and the sector as a whole. To improve standards also requires strategic thinking and ambitious forward planning. The Americans have created an acronym for that: “BHAG”; it stands for big, hairy, audacious goals. Setting goals can be exciting, but the process becomes pointless unless implementation follows. Because franchisors can rely on the support of their franchisees whose livelihood is at stake, they are in a better position than “ordinary” entrepreneurs to do just that. We believe that once these issues have been addressed, the law of supply and demand will take over. As soon as a reasonable number of strong franchisors are in the market, the weaker players will find it increasingly difficult to attract franchisees and will either be forced to improve their operations or disappear. We need to create additional franchise systems Franchising constitutes an ideal mechanism for business expansion. To protect the interests of prospective franchisees, new franchisors should be obliged to demonstrate a sound understanding of the concept and the necessary commitment to adhere to defined minimum standards. Human nature being what it is, this is unlikely to happen unless legislation makes it happen. This may sound like we are calling for the creation of a “nanny state”, but this is not our 31 intention. We merely wish to draw attention to the fact that in the past, too many rogue operators have separated the naïve and the gullible from their money. It is in the interest of the franchise sector as well as the economy as a whole that they are stopped. In addition to stable small businesses being encouraged to expand through franchising, the concept needs to be promoted heavily among the larger corporations, especially those that currently operate through unwieldy branch networks. It should be relatively easy to sell the idea to this segment of the market because not only can franchising be highly profitable, it is also an ideal vehicle for the implementation of programmes aimed at compliance with BEE targets. And, as mentioned before, it lends itself to the rejuvenation of tired branch networks. While on the face of it large corporations should be rushing into franchising, this is not actually happening, for several reasons: CEOs of large corporations do not know how franchising works and how the concept can be adapted to the needs of various business sectors. They think that franchising has something to do with selling burgers and fries, and fail to see the benefits their companies could derive from adapting the concept to their needs. Corporate legal advisors are concerned about the legal uncertainties surrounding franchising. We have elaborated on this in section 1 of this paper. Corporate financial managers tend to believe that franchising may not create adequate returns. This requires a shift in mindset which will only come about through education. For example: CEOs of large companies need to realise that a return of, say, 5-6% of sales (this being the typical fee level) generated by thriving franchisees is better than having to fund losses suffered by poorly managed branches. Closing under-performing branches would be an option, but this would damage the brand and result in a loss of market share. It would also be bad for the company’s image because job losses would be almost inevitable. Franchising must shake off its image of being a vehicle for charitable acts. Renewal fees are a case in point. While charging them is common practice in the US, it is less popular in South Africa. If we want to attract the big players to the sector, we may have to change this mindset. Franchising is, after all, a business tool and its attractiveness will ultimately be measured by its profitability. The pool of prospective franchisees needs to grow At present, a shortage of suitable individuals who aspire to become franchisees exists. We have elaborated on this earlier in this paper, let us just restate that in our opinion, South Africans’ reluctance to recognise entrepreneurship as a desirable career option, misconceptions about franchising and lack of access to funding prevent many prospects from entering this field. 32 It is vital to ensure that as additional franchisors enter the field, the pool of prospective franchisees must grow in tandem. Unless this is done, the resulting shortage of prospects will trigger competition among franchisors for franchisees. This would almost inevitably, and disastrously, lead to the acceptance of unsuitable candidates, followed by a corresponding increase in failure rate. Franchising’s image needs to be burnished This would require a multi-faceted approach, for example: The implementation of targeted awareness campaigns aimed at the various sectors of society from school-going children to corporate CEOs. This could be facilitated through the creation of suitable role models. Interventions designed to convince established companies to consider franchising as a means to resuscitate underperforming branches, expand their footprint and meet their BEE obligations at the same time. Similar interventions aimed at government’s procurement officers to convince them of the many advantages they could gain by dealing with franchised national chains, especially in the procurement of services. Aggressive promotion of social franchising as a means for government as well as large corporations to discharge their social obligations in a cost-effective manner. Educational initiatives aimed at prospective franchisors, prospective franchisees, professional service providers and their staff. In this context, the introduction of a formal qualification for franchise practitioners would be desirable. The creation of a quality certification system for franchised networks. For such a system to be credible, it would require periodic audits to be carried out by external auditors. Underperforming franchisors would have to be left in no doubt that they will face suspension or even exclusion from the programme, resulting in negative publicity for their brands. Achieving and subsequently retaining this certification would confer 5-star status upon well-developed networks, help them to attract franchisees of the highest calibre and ensure that their existing franchisees are proud to be part of a certified professional organisation. 33 Section 3 Tactics: How will we get there? Henry David Thoreau, the 19th century American essayist, wrote, “People seldom hit what they do not aim at.” We agree and this is why implementation of the strategy for the expansion of franchising which we have outlined in Section 2 of this paper requires careful planning followed by swift implementation. For implementation to happen requires the commitment of all stakeholders, so let us define who these stakeholders are. In our view, stakeholders include existing and prospective franchisors, existing and prospective franchisees, landlords, banks, insurance companies, service providers to the sector, NGOs, government and the media. 21 In section 2 of this paper, we have identified a number of obstacles to the accelerated rollout of franchising. We will unpack them one by one and offer what we consider to be viable solutions. These are not based on our own opinions alone but include input from the various Think Tank groups where applicable. The economic downturn Let us tackle the most difficult topic first. That the economy is in bad shape is a given, and at a macro level, there is not much we can do about that. At micro level, on the other hand, it’s a different story. People have not stopped buying goods and services. They continue to buy but are more selective in what they buy and how much they are willing to pay for it. This means that the pie that represents the total market has become smaller. It follows that those companies that want to survive the downturn need to secure a larger slice of it. In his presentation at the FNB Franchise Think Tank 2009, FNB’s chief economist Cees Bruggemans gave us the following five positives: 1. Inflation is heading downwards and interest rates are bound to follow. 2. With the petrol price down, other prices can be expected to come down as well and consumers’ defensive stance will soften. This will cause domestic demand to hold up reasonably well during 2009. 3. The freefall in commodity prices is temporary. While South Africans are looking at a “lengthy interruption” of the business cycle rather than a full-blown recession, other countries are not so lucky. In Eastern Europe, for example, people who thought they were clever when they took out loans in Swiss Francs because interest rates in Switzerland were low, found to their dismay that after their local 21 Taken from FNB Franchise Think Tank 2009 Briefing paper for delegates; this document is available in electronic format from FNB Franchising. 34 currencies had depreciated sharply, they now owe up to three times as much as they did before. 4. The business cycle should be on the recovery track by 2010. 5. Some companies thrive during the current economic downturn, especially those that offer the right product at the right price and from the right location. Based on the above, we can only conclude that those businesses that make the best of the current period will lead their industry sectors when the next boom period comes. The following are some of the measures forward-thinking companies will implement. Consolidating the product range. Hiring new talent (which is currently available in abundance but generally in short supply). Accepting that they can no longer rely on customer loyalty; customers will look for the best available deal. Promising and delivering excellent products at competitive prices and throw in that little intangible in the form of outstanding service. At least continuing but preferably stepping up marketing efforts, with emphasis given to below-the-line initiatives. To cut the marketing budget during this period would be unwise because it could put a company out of business before the economy turns. (These are generic guidelines; franchise-specific recommendations follow under the relevant headings.) The poor image of franchising This aspect needs to be addressed with vigour and consistency. We believe that for the sake of credibility, such a drive should be spearheaded by FASA. Some of the initiatives we would advise them to implement are listed below. Send out regular press releases explaining: How franchising works and why it is the safest route to entrepreneurship; The extent to which it can impact on the economic future of South Africa; What prospective franchisees and franchisors need to know and how they can access this know-how. Why every franchisor and every dedicated service provider to the sector should be a member of FASA. Evaluate the possibility of entering into a marketing partnership with a credible 35 publication with the correct readership profile. This could create massive ongoing publicity for franchising while the media partner would secure a strong platform for advertising sales in this burgeoning niche market. Arrange seminars and workshops on franchise-related topics aimed at prospective franchisors and franchisees respectively. Lobby government to: Accept franchising as a viable building block for the advancement of AsgiSA.22 Grant FASA statutory powers so that it can police the franchise sector more effectively. Remove some of the barriers to entry that currently prevent prospective franchisors from making the transition into franchising. (We have identified those under the heading “Legal issues”.) Create formal educational initiatives leading to a formal qualification in franchising that is recognised by SAQA. Help franchisors to: Learn from their overseas counterparts by arranging group trips to major international franchise events. Promote their franchises through low-cost road shows and similar events. Export their franchises, either under master licence or through direct franchising, by increasing interaction with sister franchise associations, especially but not only in the rest of Africa. Facilitate the entry of foreign franchisors into South Africa, for example by offering professionally prepared information packs. Revitalise the “Emerging franchisor” scheme. Target suitable large corporations, for example retailers with existing branch networks to encourage them to use franchising as an expansion mechanism and become members of FASA. Government’s role We wish to emphasise that we are not calling for handouts by government; rather, we 22 The Accelerated and shared growth Initiative for South Africa (AsgiSA) is an initiative by the South African government which is intended to cut unemployment figures by 50% by 2014. 36 see government’s role as that of an enabler. We are certain that once the relevant government departments have gained an understanding of the power of franchising and how it can help to further government’s economic objectives, the concept will be granted priority status. We can only hope that this paper will make a small contribution in furthering this objective. The Think Tank Group dealing with government issues was given the following problem statement: “Government support is critical to stimulate the growth of small business in general and franchising in particular. Such support may include tax incentives, education incentives and business support services. We also need a better understanding of franchising at government level and initiatives to encourage the importation of international franchise systems. How can we develop a strong relationship between government and the franchise sector?” Another Think Tank Group attempted to tackle legal issues. This group was given the following problem statement: The legal environment, including the Competition Act and the Consumer Protection Bill, presents many challenges to franchising. How can we address these issues and protect the rights of franchisors and franchisees alike? Seeing that both these topics involve government assistance, we have grouped the resulting suggestions together. The sector’s expectations: It emerged that some of the ways in which the franchise sector sees government assist franchising are: Creating an enabling environment Outsourcing work to franchised networks (this would virtually guarantee uniform service delivery throughout the country). In our view, the following departments are especially well placed to facilitate the growth of franchising: Department of Trade and Industry (dti) The dti could advance franchising by: Creating the position of a Franchise Champion; this would be a ministerial appointment, with the incumbent reporting directly to the Minister. On assuming office, this Franchise Champion should appoint a Task Team drawn from among stakeholders that would advise him or her regarding the best way forward. Creating franchise-specific legislation, adapting existing legislation to the special requirements of franchising or at least creating certainty regarding the application of existing legislation. 37 Lending support to entrepreneurship-related education and training initiatives aimed at young learners and adult learners, with the focus on franchising. Increasing cooperation with the Franchise Association of South Africa (FASA) and granting it the powers of a statutory body. This would enable FASA to exercise control over unproven or outright fraudulent schemes that currently operate outside its net. Department of Finance SARS could improve communication with the small business sector, especially regarding available tax breaks for the establishment and operation of small businesses and simplify access to training grants. SARB could reduce current restrictions that apply to the payment of licence fees by South Africans to overseas franchisors. This is not without precedent. For example, the Indian Reserve Bank has introduced a blanket permission to pay initial licence fees of up to $2 million and ongoing licence fees of up to 5% of sales to foreign master franchisors. Applications for permission to pay even higher fees are considered on merit. Department of Education Placing increased emphasis on education in entrepreneurship and franchising throughout the entire school system. Facilitation of business-related competitions for learners. The promotion of suitable role models. Department of Labour Creating absolute clarity regarding the application of labour legislation; this would include giving assurances that franchisees are and will continue to be recognised as independent legal business entities. Sponsorship of educational initiatives linked to entrepreneurship with a focus on franchising, for example through the various SETAs under which the franchise sector falls. The property sector The Think Tank Group dealing with this issue was given the following problem statement: Franchisees are struggling to survive the double impact of a deteriorating economy and increasing rentals. Landlords seem either oblivious or indifferent about the current state of affairs. How can we engage the property sector to alleviate this problem? 38 It is widely accepted that shopping centre rentals are becoming increasingly unaffordable for small businesses. It will be in the interest of the property sector to find creative ways of changing that. After all, given the amount of new retail space that will come on stream during the balance of 2009, it will be only a matter of time until retail space will remain vacant for extended periods. We base this observation on a report in Business Times of March 8, 2009, which states that in addition to several major revamps and enlargements of existing shopping centres, 243 000 square meter of brand new space will be released in course of 2009. We fully understand that shopping centre developments need to achieve a reasonable return based on the underlying capital investment and taking ongoing operating costs into account, and we have no problem with that. What we are calling for is a change in the allocation of rentals to different classes of tenants. At present, line stores are being charged up to ten times more than the anchors who rely on their power to attract feet into the centre to virtually dictate rentals. The two charts reproduced as Table 6 demonstrate the debilitating effect this practice has on small stores’ rental costs. It also shows what a difference it would make to the viability of small stores if only anchors and sub-anchors were charged R10 and R15 more per square meter respectively than they pay at present.23 Table 6 A model for the more equitable allocation of shopping centre rentals Hypothetical Scenario 1 Basic monthly Small line store Sub Anchors Anchors Rental /m R 572.00 R 245.00 R 191.00 R 143.00 R 80.00 R 54.00 Space % of Space 4,000.00 4% 7,000.00 7% 14,000.00 14% 10,000.00 10% 15,000.00 15% 50,000.00 50% 100,000.00 100% Income R 2,288,000.00 R 1,715,000.00 R 2,674,000.00 R 1,430,000.00 R 1,200,000.00 R 2,700,000.00 R 12,007,000.00 % of Rental Income 19% 14% 22% 12% 10% 22% 100% Hypothetical Scenario 2 - If Anchors Pay R10/m² and Sub Anchors R15/m² more Basic monthly % of % of Rental /m Space Space Income Rental 23 These charts were produced by Stephen Walters of Fernridge Consulting 39 Income Small line R store 395.00 R 245.00 R 191.00 R 143.00 R Sub Anchors 95.00 R Anchors 64.00 R 4% 1,580,000.00 R 7% 1,715,000.00 R 14% 2,674,000.00 R 10% 1,430,000.00 R 15% 1,425,000.00 R 50% 3,200,000.00 4,000.00 7,000.00 14,000.00 10,000.00 15,000.00 50,000.00 100,000.00 Scenario 1 Scenario 2 If store is 80m² If store is 80m² 100% R 12,024,000.00 13% 14% 22% 12% 12% 27% 100% The results R 45,760.00 per month R 31,600.00 per month, equal to a reduction of 30% We further believe that shopping centre owners should work more closely with franchisors and franchisees to arrange joint marketing schemes that would benefit the centre and the outlet as well as if a franchisee experiences financial problems. We recommend the formation of a working group drawn from the ranks of franchisors, franchisees, major retailers and shopping centre administrators. This working group could work towards improving the current situation by finding a formula for the more equitable allocation of rentals and less punitive escalation clauses. Should this conciliatory approach fail, franchisors and franchisees would be left with only one remaining option, namely the formation of a pressure group that could challenge the combined might of centre administrators, anchors and sub-anchors. Prospective franchisors We recommend that prospective franchisors: Establish a pilot unit of their business and operate it until it demonstrates profitability and sustainability. Optimise the processes, systems and procedures needed to operate the business successfully and document every step. Inform themselves properly about the advantages and pitfalls of franchising before embarking on this course of action. Accept that to launch a franchise requires much thought, hard work, a substantial investment and, above all, patience. Seek professional assistance, especially but not only when it comes to the creation of the operations manual, the franchise agreement and the disclosure 40 document. Seek affiliation to FASA at the earliest possible point in time. Follow the tried and tested guidelines for the ethical operation of a franchise. Select franchisees based on their ability to make a success of the venture rather than their ability to make the necessary investment. This involves scientific testing and working in the store. Consider at the outset how BEE obligations can be incorporated into the franchise structure, even though during the initial 2-3 years after the launch of the franchise, this issue may not be given priority status. Established franchisors The Think Tank Group representing franchisors was given the following problem statement: Franchisors are in a position to assist franchisees during the current economic situation due to their experience. What should franchisors be doing to help franchisees through this period? Examples include changing the format of conferences, establishing financial support funds and establishing vehicles to assist previously disadvantaged individuals to become franchisees. The group recommended that franchisors should: Be pro-active by familiarising themselves with the impact of legislation that affects the franchisor/franchisee relationship and act accordingly. Support FASA and attend functions arranged for the benefit of the franchise sector. Select new franchisees with care and only after they have shown that they possess the necessary skills and aptitude to succeed. Be transparent in their dealings with franchisees and share rebates etc. in an equitable manner. Work closely with franchisees and provide them with generous support. Identify struggling franchisees and offer them intensive care at the earliest possible point in time. Share in the risk that is assumed by franchisees and their bankers by creating a trust fund that can be used to secure loans to new or established franchisees, especially but not only under BEE franchise arrangements. Franchisors would allocate a percentage of their ongoing fee income towards building up the capital in the fund and the franchisor and the bank would jointly decide who receives backing. Once all loans granted under this scheme have been repaid, the capital 41 and interest earned would be returned to the franchisor. FNB Franchising has declared its willingness to administer such a fund. Assist franchisees who wish to establish additional units, perhaps by waiving the upfront fee payment. Forge close relationships with a bank that understands franchising and shows commitment towards the sector. Beware against complacency – call in external advisors to review operations and make recommendations on how to revitalise them. And remember to update the operations manual so that it reflects the current status of operations. Assist franchisees in lease negotiations and other dealings with landlords. Make annual conferences and other franchisee gatherings learning experiences rather than mere entertainment events. Create a positive atmosphere for cooperation with the Franchisee Council or Marketing Council. Utilise their input to best effect. Embrace BEE and create suitable opportunities for implementation. Consider entering into joint ventures or tandem franchise arrangements with deserving candidates, or to back a loan to the franchisee with a guarantee offered by the trust fund described above. If necessary, investigate the possibility of creating low cost of entry franchise opportunities. Keep up spending on national marketing. The Consumer Protection Bill revisited Given the importance of this Bill and the impact it will have on new and existing franchise agreements, both prospective and existing franchisors need to familiarise themselves with its requirements. This is the only way to ensure, as far as this is possible, that they do not infringe against any of its provisions, even unwittingly. Some of the issues requiring consideration are set out hereunder. Good franchise practices are applied. The franchisor’s operation must conform to accepted good franchise practice. The network’s marketing material needs to be up to date and free of ambiguous statements and/or statements that could be construed as being misleading. The network’s franchisee selection criteria must be reasonable and applied equally to all prospects. 42 The disclosure document must be comprehensive and fully up to date. The operations manual must fully reflect the way in which the business works. The franchise agreement must conform to all current requirements. The franchisor should be able to demonstrate that the network’s franchisee support infrastructure adds tangible value to franchisees’ businesses. Tip: The best time to review these aspects and ensure that best practice principles are applied throughout the organisation is now. To delay the inevitable can only lead to even greater problems at a later stage. Full initial disclosure: During negotiations with a prospective franchisee, full disclosure must be made. Care must be taken not to overstate the potential of the opportunity itself, or the potential of the site from which the franchisee is expected to operate as this could result in claims of misrepresentation. Prospects must be encouraged to undertake their own investigation and come to a conclusion regarding the feasibility of the opportunity based on their own findings. It is advisable to insist that the prospect consults with his or her own team of professional advisors. Negotiations with prospective franchisees should be the preserve of senior personnel. Verbal representations should be avoided. A comprehensive record of negotiations and their outcome should be kept. Obligation to purchase goods or services: The franchisor must be able to justify the placing of an obligation on franchisees to make purchases from the franchisor, or from a supplier nominated by the franchisor. This requires some or all of the following to be in place: The product is directly and clearly linked to the brand; substitution would downgrade the brand. The price the franchisee is expected to pay is reasonable; there are no excessive mark-ups by the franchisor and rebates the franchisor may receive from suppliers are disclosed. Consumers derive economic benefit and convenience from the arrangement. Franchisor/franchisee relations: the relationship with franchisees should be based on trust and mutual concern for building the brand and operate viable businesses. 43 Termination of contract: the franchisor should be able to show that termination is the only remaining option. The grounds for termination must be reasonable. The offending franchisee should be given advance notice of the conduct that may lead to termination and reasonable assistance over a reasonable period to correct the issue. Throughout this process, copious records should be kept and copies sent to the franchisee. Should termination become unavoidable, every effort should be made to minimise the impact of this step on the welfare of the ex-franchisee. Liability issues: Franchisors need to protect themselves and their franchisees against potential liability claims. Statements regarding product quality must be specific, measurable and stand up to scrutiny. Franchisors need to take out insurance cover against claims by consumers. Franchisors should evaluate the level of business risk their franchisees are exposed to and insist on franchisees taking out and subsequently maintaining adequate insurance cover. Prospective franchisees Prospective franchisees should: Familiarise themselves fully with the requirements for becoming a successful franchisee before approaching companies offering opportunities. Be honest about their skills, interests and the ability to support the necessary investment. Over-gearing has caused the demise of many promising business ventures. Investigate an opportunity that interests them with care, insist on full disclosure and, most importantly, speak to other franchisees within the network. Seek advice from professionals, especially regarding the contents of the disclosure document, the franchise agreement and the financial statement. Be prepared to work in the business, even in a low-level job, so that they get a feel for the demands it will place on them in future. Once committed, show loyalty to the brand and work within the framework of the franchise as set out in the franchise agreement and the operations manual. 44 Established franchisees Established franchisees should: Utilise the full range of support services the network offers. See the role of the Field Service Consultant as that of a business advisor rather than an inspector sent by Head Office to check up on operations. Ask for help when help is needed. Participate in marketing drives and similar initiatives spearheaded by the franchisor to maximise business results. Maintain adequate staffing levels to ensure customer service excellence in all facets of operations. Participate in workshops and other franchisee gatherings arranged by the franchisor. Take an active interest in the workings of the network’s Franchisee Council or Marketing Committee. Spend on local marketing! The media We are not calling for misleading reporting or the provision of free publicity. All we are asking for is that the franchise sector receives the attention it deserves, especially in the light of its potential to address several of our country’s economic ills. The media can discharge this responsibility in a variety of ways, and without affecting the commercial viability of their operations. Publish bona fide success stories drawn from the franchise sector. This will create realistic role models, especially for the vast pool of developing entrepreneurs. Promote selected franchise-related events, for example the FASA Awards for Excellence in Franchising, which are presented annually. Report on franchise failures in a responsible way, and not without seeking expert commentary. In most instances, it will soon become clear that it is not the concept of franchising that deserves to be blamed but its reckless or outright fraudulent implementation. Conclusion The publication of this paper is not an end in itself but should be seen as the beginning 45 of an initiative that will help to grow franchising. We see this as a process, not an event, with the next step being the assembly of an Action Group. Members of this group will have the required standing within the sector and the necessary expertise to drive the developments we have outlined above forward. We know that professional implementation of the steps outlined above will require some funding and we have therefore secured undertakings in principle from several stakeholders who have indicated to us that they would be willing to contribute financially provided that talk is followed by action. If you have the interests of franchising at heart and are prepared to give of your time and expertise to secure the success of this initiative contact FNB Franchising. We look forward to working with you to pioneer changes in the franchise sector of South Africa. The Team at FNB Franchising 46 1
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