Fewer Franchise Rules, More Difference
A Few Networks Are Opening Up to Having Franchise Units Alter Menus and Prices to Compete Better Locally
It is something of a see-saw. Tip up the local freedom of a franchise to decide local foods and price points and they can better compete with local independent restaurants, but down goes brand consistency. And vice versa. Yet franchisors are increasingly letting their franchisees localize food, decor, price points, opening hours and even name.
But wait. If you localize the name or change the customer experience, where's the brand identity? Here is one franchisor who thinks localizing names and hours with its franchisees is good for business.
Wings Over restaurants can incorporate the city or region where they're located into the name — say, Wings Over Washington, D.C. — "to make it feel more homey," says Mark Simonds, president of the Agawam, Mass.-based Wings Over franchise chain. In addition, stores in college towns, where Wings Over is popular, don't have to open until 4 p.m. and can close at 3 a.m. to 4 a.m. Usual weekday hours are 11 a.m. to midnight.
Then comes the adjustable menus. You've heard of McDonald's Apple Pie. Well, try the local favorite, Taro Pie, served in McDonald's in Hawaii (see photo above).
. . . the question is, does it make good business sense? . . . It does for Mike Ferretti, president and chief executive of Great Harvest Bread Co., who calls the approach to running his business "freedom franchising," a term the company recently trademarked. He describes it as a culture in which the best ideas in running the business come from the bottom up, not the top down.
The Dillon, Montana-based company encourages its franchise bakers to come up with new ideas, such as a recipe for chicken salad, and share it with other franchise owners through an internal company Web site. If the idea works, then it can be rolled out in other markets, perhaps tweaking some ingredients, he says.
There are only a few stipulations. Bakery owners must use approved wheat, which the company supplies; respect territorial rights; and pay the royalties, which range from 4% to 7% of total sales. Other than that, "we encourage bakeries to make decisions on a local basis that works for them," says Mr. Ferretti.
A crop of franchisors also allow price and hour adjustments, like Beef O' Brady.
Nick Vojnovic, president of Beef O' Brady's, says the company was concerned about losing business in a market because of the higher prices. But he says his franchisees knew the market better there so he let them change the menu price.
It's a brave new world out there in which franchise chains are redefining what a brand means.
Read full story at WSJ.com $$


No doubt the flexibility to open when the customers are around and to serve what they want is liberating and sensible. How, then, do franchisors adjust royalties for franchisees whose businesses are open shorter hours, and how do they incentivize franchisees to share their innovations (Taro Pie) with the franchisor?
J Buchan, Australia
If the brand is in the intro or growth stage of its life cycle and is doing well, you usually don't want to allow anyone to fool around with it.
That doesn't last forever. When the brand hits maturity and is faced with proliferated competition, and price competition especially, the value of uninformity is not as great, and the ability of the franchisees to cope with the environment becomes more important than brand uniformity from store to store. In short, the brand is no longer as important as it once was as an identifier of a special store - there are many stores offering the same things and more at aggressively competitive prices. Wal-Mart is now in business and has a contract with Jiffy Lube's parent, Pennzoil, buying at much better prices that the franchisees can get from Pennzoil, and has cut prices about 30 % - 45 %.
Jiffy Lube is an excellent example of an over the hill brand whose management thinks that it's still in its growth stages. The franchisees can't diversify their product and service offerings to compete with what's available in one stop at the competing stores. The customers have to make two stops to get what they could get with one stop at a competing store. They don't like to do that and the franchisees can't cope with that plus the intense price competiton that comes with maturity.
I think that there is simply a conscious decision to allow the brand to be milked to extinction, no matter the impact on the franchisees. Jiffy Lube still threatens suits to enforce the post term covenant not to compete when the franchisee fails. As they can't afford to defend that lawsuit, they just die. Going independent isn't an available option unless it is a really big franchisee who can still afford to handle the cost of conflict.
Richard Solomon
www.FranchiseRemedies.com
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School
If royalties are based on a percentage of sales the hours of operation are irrelevant and franchisee innovations are usually owned by the franchisor and require franchisor approval.
TIF
The Truth Shall Set You Free!
TIF
I believe that Prof. Buchan was posing the question as to how a zor would encourage zees to contribute new ideas. The response of TiF is the classic "shut up and let Daddy do the thinking" approach.
Particularly as the franchise industry seeks out zees who come from backgrounds where they are accustomed to initiative and creative input into employer decisions, I would suggest that Prof. Buchan has raised a valid point, and just as employers seeking to fully utilize their human capital no longer follow the 1950s hierarchical model, so too franchisors are well-advised to provide an avenue for their franchisees to feel that their input is welcome.
While in agreement with Prof. Buchan's premise, I would suggest that utilizing the franchisee association and purchasing/advertising cooperatives might be the best way of encouraging franchisee input to be refined and considered in a less-chaotic manner than having each zee calling the national office; an added benefit would be that sound innovations gain an added stakeholder (the zee association) with sufficient clout and expertise to garner serious consideration at the headquarters level.
Paul Steinberg, Franchisee Attorney, New York City, Ph: 212-529-5400
Buchan quote Part one"No doubt the flexibility to open when the customers are around and to serve what they want is liberating and sensible. How, then, do franchisors adjust royalties for franchisees whose businesses are open shorter hours,"
My comment about royalties being self-adjusting was and is appropriate.
Buchan quote part two "and how do they incentivize franchisees to share their innovations (Taro Pie) with the franchisor?"
The idea that promoting the idea that franchisees should be in R&D creating new products is ridiculous. The idea of franchisees through franchise advisory councils, franchise associations and on their own direct suggestion to franchisors on how to improve operational excellence and on methods of removing barriers to unit level success is worth engendering.
The Truth Shall Set You Free!
TIF
The Truth Shall Set You Free!
TIF
The idea that promoting the idea that franchisees should be in R&D creating new products is ridiculous. - TIF
I respectfully disagree. Franchisees have been innovating products and services from the first days of franchising. Among the more notable franchise owner innovations of popular culture are the Big Mac, Filet-O-Fish and KFC's chicken bucket.
A franchisor who cannot tap into this front-line creativity nor promote such activities is asking to be left in the dust bin of business irrelevence. And corporatizing such creativity through corporate FACs, associations and direct reporting structures is understandable but we need to remember that it can also kill the organicly-grown goose that laid the golden egg.
I didn't understand the royalty comment in the first place. If Prof. Buchan meant to suggest an incentive for staying open more hours, that would make sense (although perhaps cumbersome to implement). To give someone an incentive to work less seems illogical. But maybe its an Aussie thing ;)
As to innovations, these may be product-oriented. But where zees absolutely would have special insight is in the operational area. I owned a franchise myself, and I can tell you that the folks at franchise headquarters sitting behind a desk for 35 hours a week just might have something to learn from the collective experience of thousands of franchisees working 70 hours a week in the trenches.
Paul Steinberg, Franchisee Attorney, New York City, Ph: 212-529-5400
How are the thousands of ideas created by the legions of franchisees and their staffs to be managed and farmed?
While the Big Mac, Filet-O-Fish and Egg McMuffin were successful products that were generated by franchisees; it is wholly impratical to have franchisee product development on a large scale.
The Truth Shall Set You Free!
TIF
The Truth Shall Set You Free!
TIF
Operational feedback on what works or needs attention at the unit level is where franchisees can help move the franchise model forward.
TIF
The Truth Shall Set You Free!
TIF
Now THAT is the $60 million dollar question. Or put in another way, what is the most conducive setup for innovation in a chain? And what is the best way to implement marketable results from such creativity?
Not so certain about that. Nor am I even certain what that declaration fully means.
Is it possible to add one or two franchise innovations to a chain's menu of products or services per year? Certainly.
Does the testing and roll-out of such products involve the franchise network? Indubitably.
Ideas are a dime a dozen it is the implementation that is hard. Franchisees contact franchisors everyday with "ideas" that the franchisees expect the franchisor to research and to develop executable process and procedures for.
When franchisees begin to think that they are an extension of the franchisor's R&D department is when franchisees/franchisors risk creative deluge and exhaustion. The negative consequence is that the franchisees expect new products to grow their businesses and scorn the products that they have in their current inventory.
In fact excited product/menu proliferation is detrimental to a concept's operations, margins, product quality and not to mention customer satisfaction. The myth of magical product innovations as the panacea for a failing concept is a fools play.
The Truth Shall Set You Free!
TIF
The Truth Shall Set You Free!
TIF
Actually, it isn't difficult to manage a bottom up system of operations/products/services improvements.
The simplicity of it is really part of the magic.
Initially, franchisees submit proposals. These are vetted for obvious flaws. Those that make it through the first level of vetting may be tried for a limited period by the franchisee(s) who sumbitted the proposal. If it seems to work, based upon data subject to corroboration, the trial period is extended. If it continues to perform in a positive mode, it is then tried in a number of units (company owned probably). If it is replicable, then a decision can be made to make it available throughout the system. If it gets to this point, the submitting original franchisees get to have the sales of that product or service not be subject to royalty as their compensation for the submission and assignment of rights to the franchisor.
If it is system operations innovation, some other compensating arrangements may need to be made.
The resistance is usually a jealousy issue, with the home office mediocrities being territorial about their authority.
Richard Solomon
www.FranchiseRemedies.com
Richard Solomon, FranchiseRemedies.com, has over 45 years experience with franchise litigation and crisis management. He is a graduate of The Citadel and The University of Michigan Law School