Public Forums of Discussion

share franchise news, to prosper and amuse

Log In / Register | Apr 30, 2017

Dear Franny (Guests Post Questions Here)

Franny answers franchisee questions

Ask FrannyThis forum was created so that readers and members of Blue MauMau can post questions to Franny about issues of interest to small business and franchise owners. Franny sometimes invites world-class subject matter experts to answer tough questions

If your post is answered by Franny, it will be featured on the front page of this journal under the "Ask Franny" column.

In your post, please do not mention your franchisor's, vendor's or your own firm's name. The intent of this forum is not to give press to a brand name but rather to ask general questions that franchise owners within and outside one's brand might find of interest. (There are press release areas to sell what's great about a brand or other forums to tell tales of franchisee rip off.) Your question may be edited for clarity, brevity and frankly, some entertainment value.

980 Forum Remarks

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Real Deals Franchise Warning

Well, I guess almost everything I wanted to say about Real Deals on Home Decor franchise has been said.
It's not really a franchise. More of a tightly held family corporation issuing licenses for an amount of money commensurate with extortion for services/help/hope/information/systems which are truly non-existent, yet handed out like Botchulism-in-a-can by a truly self-absorbed group of sales snakes!!
Please don't hand your hard-earned money, your parent's money, your friend's money, your loan money, your life savings, or your dead dog over to these people. Run like Hell!

HELP- Anytime Fitness Franchise Fee REFUNDED

We searched and researched for 6 months + prior to signing. Anytime Corp flew to my city and did a sales presentation trying to get people to open in our area. Corp proudly voiced their 740 average # of members and 2-3% failure rate..The day before the "Sales Pitch Conference" we got a phone call that if we did not pay & sign we were going to loose the area we have been researching for the last 6 months, which we lost anyway... So we signed and paid. Now the situation for our market is ALL of the gyms are FAILING (happened in 2010, so not posted in Disclosure Document). Failing as in have closed their doors, sold, or are struggling (9 out of 10 in our market). Gyms that have 200-350 members after years on being open, when break even is near 500+. Before dumping our life saving into this disaster we asked for a refund of our fee and we would go our own way. We have been mislead and deceived. We are going to pursue a refund of our full franchise fee. Aware that the fee is non-refundable, but searching for ways to get around their ironclad system.

Any help or advise would be appreciated.

Granville_Bean's picture

why?

"We are going to pursue a refund of our full franchise fee. Aware that the fee is non-refundable"

Why (or how) do you think you'll get that?  Just because you want it?  At least you didn't ride a failure all the way down to the ground, and you're only out the Franchise Fee.  Go see the Fitness threads.  Lots of people lost a lot more than you did.

Bagels

Franny
How do I apply for a job at Larry King's new bagel shop? I am an experienced bagel baker originally from Brooklyn. I now live in California.

Thanks
Julius Goldman

Differences Between Licensees Vs. Being a Franchisee

In general, can you tell me the legal and economic differences between being a licensee versus a franchisee? Do you have more control being a licensee?

Franchisor charging franchisees

Can a franchisor dictate to franchisees that the franchisees need to provide a product or a service that is only available via franchisor. I'm going to guess the answer is - Yes! Does the franchisor have any limitations on the pricing or profit margins they charge the franchisees?

new franchise

I am looking into a new (to the USA) franchise in the travel information industry.  What are the downsides to the franchisor being based outside the USA, (in this case the UK)?

thanks,

mike

Franchisor increased cost of service

I am a staffing service franchisee and my franchisor just raised all franchisees rates charged for their self insured workers compensation program by a substantial percentage with no notice. Their self insured program is now 2 to 4 times more expensive than state rates. Do the franchisees have any right to expect that the zoor is not using this as a way to increase royalties?

Express Personnel Lawsuit

Will you post/comment on the Express Employment Professionals Lawsuit between the two co-founders Bill Stoller and Bob Funk? Is this the end of the franchise? Stoller states that Funk stole about 134 million in company funds or something like that.

Any updates on how this has

Any updates on how this has impacted Express franchisees? It was reported that the lawsuit was tossed out and that Stoller has vowed to re-file. If Stoller's accusations are true and Funk stole in excess of $134 million it would be interesting to know how this has impacted the financial health of the company. At the very least I would be skeptical of the trustworthiness of this franchise.

Franchisees receive 'new agreement' from Franchisor??

I am franchisee of a skincare business. We just received an email from the franchisor with an attachment offering to us to sign the 'new' franchise agreement, stop paying royalties, and release them from all obligations. When asking them what's going on--they respond that they are doing this because this is what some owners are asking for---but if we want to continue to pay the royalty they will continue to operate in 'normal' capacity. They have recently moved out of their corporate location (without telling any of the franchisees)--their location is now a UPS store box. I am still in 'good standing'--what are your thoughts about this? I think they've upheld their end of the bargain up to this point--do I keep paying my royalties and just wait for the other foot to drop? I've asked an attorney (doesn't specialize in franchise law) for advice--and have been told to do nothing--don't sign the new agreement but don't pay anymore royalties. It is likely the franchisor has no money and litigation would end up with $$ other than me being poorer paying for legal fees. I'm not sure what to think or do. My business is 3 years old. I have 2 more years on my lease plus a business loan. I am not making $$ (finally just barely breaking even--but not paying myself anything). Can the franchisor continue to operate out of a 'ups box' and pretend that they are still a 'franchisor'? Anyone with experience and advice on what perhaps I should do?

Get a real franchise attorney an contact other franchisees

You need to organize and review your options. Don't bother with an inexperienced attorney.

next step

i would like to ask , on how to rich someone to help take my next generation of pizza concept
to the next level, and open in all the united states,
we have 2 location in new jersey, this is really next generation of pizza.
alfonso albunia 201 9398300

Franchisee Communication

I have been a franchisee of 4 different franchises over the past 25 years. One common issue I had with each of these franchises is that there was no method for the zees to communicate with each other. I have developed the web site www.franchiseeslinked for this purpose. Do you know which franchise organizations that would benifit from this service?
Thank You!

Franchise Communication

 

I beleive that the 300+ franchisee's of Batteries Plus would benefit from this service.

Income potential

Do you know the average income for a franchise involving non-medical Senior Home Care, such as Home Helpers or First Light?

buying

I have money and no food franchise experience ... which franchise would you recommend I buy?

Mobile Quizno's

You may want to buy a mobile Quizno's! No real estate, no employees just you in van making delicious Quizno's sandwiches delivered hot door-to-door. Think of all the profit you'll make and the freedom of the open road.

Granville_Bean's picture

none

"I have money and no food franchise experience ... which franchise would you recommend I buy? "   

None.  Because you'll soon have some very, very expensive experience.  And no money. We've been Franchisees for 15 years but were in the business for years before that.  DON'T do it if you don't know the industry; too easy to be sold a bogus bill of goods by the latest hot concept.

www.franchiseeslinked.com

Dear Franny

I have been a franchise owner of 4 different franchise organizations.  One common issue I had with all 4 franchise organizations was no communication system were in place for the franchisees to communicate amongst themselves.  Maybe this was by design.  Through the years I have received some of the best ideas and advice from fellow franchisees.  So I came up with what I thought was a great concept www.franchiseeslinked.com

 

It's a website specifically for franchisee to franchisee communication. Below is a quick rundown. 

  • Franchisees Linked is a members only private access website  – sure you could do this free on a blog but your competitors will soon be watching your conversations     
  • Communication on Franchisees Linked can be done using your name or communicate anonymous.  All member information is held with the utmost confidentiality.
  • You must be a franchisee to join Franchisees Linked and you will only communicate with franchisees of your franchise organization.
  • Everyone is offered a free trial membership and we offer a 30 day money back guarantee. 

Do you see a need for this in franchise organizations without a communication systems in place for the franchisees?  How can I find out which franchises have communication systems in place?  Can you help me promote this website? 

Thank you.

ps -  I wish I would have found your web site earlier!  Great information you won't find anywhere!   

Fines?

Can anyone tell me if it is legal for my franchisor to fine me.
They have begun this practice recently. $250 for unapproved product, $250 for failing inspections that until this new system was in place I was passing with flying colors. They are auto debiting my account and would like to know what to do. There is nothing in my FA, that I can find, that allows this. I have not received any communication with regard to a change in the FA either.

Janet Sparks/Continental Franchise Review

Do you know if Continental Franchise Review is still in operation? I used to work for them years ago, and noticed that Janet Sparks mentions her affiliation in her bio.

Anytime Fitness and Anytime Health

Anytime Fitness has launched a new website called anytimehealth.com. It's along the lines of sparkpeople.com, it's supposed to provide help to members and non-members with nutrition and fitness topics. Anytime Health is new company with a different tax id number than Anytime Fitness. Anytime Fitness will be charging all the franchisees 50 cents per month for every new member starting on august 1st. In other words, the franchisees are paying for this new site. It will max out at $225 per month or $2700 per year. With 1300 clubs, this will come out to just over $3,500,000 per year for a website.

My question is, can Anytime Fitness legally do this? It was not disclosed to us in any way in our franchise agreements (it is in the new franchise agreements). There was nothing in there saying they would be starting a new company that the franchisees would have to fund. Can franchisors start new companies whenever they feel like it and make the franchisees pay for them?

Government studies disputing franchise industry claims

Could someone please identify the government studies that dispute franchise industry claims? This topic came up in the story about Francorp in the Philippines, posted on BlueMauMau. It says:

Numerous studies commissioned by and performed by U.S. Government agencies have reached a different conclusion than Francorp's study.

Thank you.

Submarina California Subs Legal Troubles

Can anyone shed more light on the embezzlement issues the current owners wife is up against at Submarina California Subs?

http://www.wtop.com/?nid=111&sid=1955830

Is it possible do translate some of your articles ?

Dear Franny

We are a french young franchisee association.
We'd like to publish translations of some of your articles in order to show to the french entrepreneurs how franchising works in the USA.
And we would like to begin with the article you've published a few days ago whose title is "Qualitative Due Diligence for Prospective Food Franchisees"
The URL of the article is : http://www.bluemaumau.org/franchisor_regrets_involvement_franchising

You can see our website at the following url : www.franchise-et-transparence.fr
We would like to annouce your article on this page : http://www.franchise-et-transparence.fr/textes-traitant-des-relations-franchiseur-franchises

Would you, please, allow us to translate this article and to publish the translation on our website ?

Best regards.

Rodolphe GALY-DEJEAN
Délégué général
FRANCHISE & TRANSPARENCE
6B avenue Guynemer
78170 LA CELLE SAINT-CLOUD
Tel : 01 30 82 49 96
Gsm : 06 88 59 43 65
Site : www.franchise-et-transparence.fr
Mail : contact@franchise-aft.fr

Daycare franchises

Hi,
I am doing research on daycare franchises as I would like to get into this industry. Do you have any information on Goddard School, Kiddie Academy, or The Learning Experience?

Thanks

Need help to verify this business

Can you tell me if PWC holdings, LLC is legitamate. They are offering a job and I cannot figure out if this is up and up. HELP the website is physicians well-care center.com Carol Myers founder and senior project coordinator

Granville_Bean's picture

PWC - Carol Myers - physicians - ha ha ha

Funny that in the Franchise News section there is an article about this very subject....

When is a franchise not a franchise anymore?

We bought into one of the fitness franchises that has been talked about on this site. As it rapidly fell apart, it was bought by a conglomerate. Currently, the conglomerate has at least 12 different brands and who knows how many operating fitness centers.

I do know that the franchise that I bought into, that had over 300 franchises sold, now has only 2 or 3 still operating, including mine. (although barely getting by) The website says that there are 5, but I think that may be inaccurate.

We still pay our royalties, marketing fees and march along as the good zees. But when does a franchise stop being a franchise. With only 2 or 3 centers still operating, we obviously do not receive the benefit of nationwide advertising, marketing or pretty much any support that you buy a franchise for. It seems that we can't get away from this even though we are pretty much a stand alone business as it is. The remaining centers according to the website are in Texas, Oklahoma, Missouri and New Jersey.

Recently one of the frnachises closed its doors. One of our members called the conglomerate about buying the franchise. The friendly folks said that they really weren't selling our brand anymore because it wasn't the direction they wanted to go in. How in the world does that play in to this? If we aren't their cup of tea and they are telling people that, is there a way out for us for abandonment?

Any thoughts on this, Franny?

Granville_Bean's picture

"Recently one of the

"Recently one of the frnachises closed its doors. One of our members called the conglomerate about buying the franchise. The friendly folks said that they really weren't selling our brand anymore because it wasn't the direction they wanted to go in. How in the world does that play in to this? If we aren't their cup of tea and they are telling people that, is there a way out for us for abandonment?"

A franchise can be a franchise even if there is just one.  But sounds like this might be a good time to negotiate you buying out your franchise agreement.  Othewise you have to read your contract and find some kind of contractural duty that they have breached.

For example, is there really some minimum number of units that they have to have in the system? (Doubtful.)  Are they really required to sell new units to people?  (Doubtful.)  You say the word "abandonment", what is your legal definition of this, what is their contractural duty to support the brand?  Can you show that they breached this duty?  If so, don't invent a 'made up' cause of action like "abandonment", just say what it is they are required to do, and that they failed to do.

Would you like to be "converted" to one of their more viable brands, or do you just want out?  If you want out but the cotnract is still valid since they have not materially breached, then it will cost ya.

Brand Failure Rates

Do you have any more current data on the brand failure rates? It appears that 2/09 is the more current you have.
Thanks!
Tina Marshall

FDD Material change

Dear Franny,

We plan on recruiting 6 additional individuals this year who will be involved in the franchise sales process. In that those involved in the process must be listed in the FDD must we refile as a material change in every instance of recruitment or can we wait until the next registration refiling date which is just under a year away?

Simple answer is no...

However you need to have Franchise Salesperson Disclosure Forms for each new salesperson. You may be required to submit them to California and you should have your attorney review each salesperson disclosure to determine any additional issues.

It is unlikely that you will have to amend your FTC FDD or any registration state filings before your annually occurring updates.

quiznos

Hello

I would like to write an article on my horrendous experience as Quiznos franchise owner. This is something that everone who is considering purchasing a Quiznos should know. Would this be acceptable?

Selling a Franchise

HI,

I purchased a franchise back in 2007 AFTER I received a committment letter from PNC Bank for the SBA loan that I would need for the start up. The bank backed out on me as I was getting ready to sign a lease for a site for our business. I spent the last 2 years searching for a bank to pick up my SBA loan but have had no luck. The Franchisee has now given me a deadline to sell the territory or I will lose my $50k that I gave them to purchase it.

I have emailed, mailed, called, sent out letters, flyers, posted on Craigslist, Ebay, newspapers, Franchise magazines and done everything I can to try to find a buyer, but have not had any luck.
Are there any other options that I am missing. I just can't afford to lose this money and I do not see the Franchisee giving me any offer of a refund.

Thanks!

Bankbeaten in Mass

Find Capital or a Partner

The franchisor likely has no obligation to refund you any of the fee unless a full or partial refund option is in the franchise agreement.

You may want to have your attorney write a nice and respectful letter requesting a 12 month extension for you to fulfill your obligations under the franchise agreement.

Significance of Section 31101 Exemption - California Franchise

When we researched a particular franchisor using Caleasi, they filed a Section 31101 Exemption in March of 2009. We did our lay research as we're early in the process and wondered if this serves as any sort of flag - positive, negative, nada. As I understand it, they have fifteen months from that filing to file the standard reports, which they dutifully filed for many years before 2009.

All information we receive from the franchisor is biased toward sales of franchises, which we expect and respect. However, we are biased towards the aspect of getting the best value for our family from whatever franchise we may end up with. (These biases may or may not be mutually exclusive.)

If anyone would like to explain the 31101 exemption in short and simple words, that would be great.

Thank you in advance.

OpenFran's picture

31101 Exemption Explained

Sorry to begin this response with "It depends" but to answer your question regarding a 31101 exemption filing by a franchisor being "positive, negative, or nada" - it really "depends" on who you ask. Also, sorry this wasn't short but hopefully you'll find the explanations simple to follow.

But first, we'd like to commend you on utilizing the free information available online for your preliminary research and initial due diligence prior to investing in a franchise opportunity.  Since you've already utilized the free California based database (CALEASI), you might be interested to know that our Foundation (OpenFran) has indexed thousands of CALEASI and other franchise related public documents (including FDD’s from some exempt franchisors) and made them word searchable and downloadable - for free.  www.openfran.org

Here is your answer:  A franchisor who files a 31101 exemption in the State of California is claiming to meet a variety of requirements, including:

  •     Minimum net worth of the franchisor or corporate parent;
  •     5+ years of sustained operational experience (minimum number of franchises, etc.)
  •     Agreement to disclose material changes in a timely fashion.

33101 is known as the "Large Franchisor" exemption. It is our understanding that California enacted the 33101 exemption as a way to reduce regulation and associated expenses. A note: According to various state offices where disclosure filings are required (Disclosure States), it actually costs the state more to review and process a disclosure filing than what they charge franchisors in fees.

The "Franchise Investment Law" (FIL), accompanying regulations and NASAA rules were designed to protect potential "unsophisticated" franchise investors while also protecting legitimate franchisors and franchising in general from unscrupulous operators. The logic behind the 33101 exemption is that larger, financially secure and experienced franchisor is more likely to provide a stable investment/business opportunity to citizens  - thus requiring less oversight.

However, some franchising industry pundits claim that the exemption is counterintuitive to the stated purpose of the FIL disclosure rules and other regulations since it allows these "large" private franchisors, which have greater disproportionate financial advantage over individual franchisees/investors, avoid open, public disclosure of their practices, agreement terms, legal proceedings and ongoing financial condition. Hence, it could be suggested that a large, private franchisor has less investment regulation, oversight, and public disclosure requirements than pretty much any investment opportunity in The United States.

Many of those Franchisors who cannot be exempted (Franchisors must meet all the criteria of 31101) believe the exemption is unfair since it places additional financial burdens on them via higher attorney expenses and the filing fee structure (the exemption filing and annual maintenance fees are substantially less than disclosure filing fees in most registration states).  The logic is that bigger franchisors should pay their proportionate share.

Looking at Blue Maumau, you will see that a large number of disputes discussed on the site involve exempt franchisors.  “Franchisee-side” groups, including Independent Franchisee Associations (IndFA's), argue that the bigger, more powerful, and more complex the franchisor, the larger the opportunity for abuse and heavy-handed dealings.

So, “positive or negative” is in the eye of the beholder.

Ultimately, a UFOC/UFDD is a standardized public disclosure document that must be provided to the franchisee before any franchise agreement is signed and these large franchisors do commit to communicating material changes on an ongoing basis. Franchisors also claim that they will send their FDD to anyone who requests it without any strings but there are no rules that require this practice.

It can be argued that these exemptions increase opacity and decrease unfettered access to timely information to interested parties. Those looking to research an investment without having to pay to attend “Discovery Days” or purchase an FDD will naturally have a harder time locating information and conducting due diligence for one of these large franchise opportunities versus a franchisor who is required to publicly file and disclose their FDD. The same goes for an existing franchisee who wishes to proactively educate themselves on the latest dealings and financial condition of their franchisor.

We hope this information helps!

Reference: http://law.onecle.com/california/corporations/31101.html

About OpenFran.org:

The Open Franchise Foundation is a 501(c)(3) organization formed to promote the unfettered access to franchising related documents, such as the UFOC and FDD. It is entirely funded by the generous support of our founding benefactors and franchising community members. Together we advocate franchise openness and equal access to information.

The foundation’s website, OpenFran.org, revolutionizes the way you search for franchising related information.

OpenFran provides free access to every franchising related document archived by CALEASI since 2002, along with 1000s of other franchising related documents (UFOCs, FDDs, filings, exhibits, orders, etc.).

These documents, formerly viewable only as simple images, have had every word fully indexed and made searchable via OpenFran’s PowerSearch feature. This allows you to instantly find what you need. Every archived document is also easily downloadable in the convenient PDF standard. OpenFran provides the PowerSearch functionality and document download features to everyone completely free of charge.

www.openfran.org

 

 

tortious interference

Will tortious interference be applicable in a law suit against my partner for controlling all the incoming prospective clients although this is not how we have done business together for the last 13 years. We have always shared all business with the acknowledgement that we can visit each client together if we so desire. She has unilaterally changed this and hired a person to accompany her in my place. I recieve whatever portion of the business she sends my way. I founded the business. The person she hired has no stake in the business and is actually a non-entity in the business. She has bullied the web designer to keep her number as the contact and I cannot seem to effect any change. We have know each other for 40 years and have worked together for 13.

Loan

Looking for a loan. I have an Annuity to put up as collateral

Delightful Bouquets

Mr Blue Mau Mau,

Would you please format Delightful bouquet their very own blog catagory. They are posting their product under Candy Bouquet's blog.

Thank you for the considertion,
A Candy Bouquet blogger

IAFD

Who is this new franchise association called IAFD and what do they represent?

michael webster's picture

The IAFD

The IAFD website is at franchise-info.ca, where you can read about who is on the strategic committee.  Later on this week, on the convention page, you will see all the systems attending the convention.

But we don't represent any franchisee associations in the legal sense of representation, we have members who join because of the economic value we provide to them and their members.

North American Customs Broker

Good evening,

My name is Julio Caceres, I'm a Licensed U.S. Customs House Broker. I work for a global company experts on "supply chain" business. Recently I began a little research on the internet to see if their is any "Customs Brokerage" franchise to start my own firm. After namy search it seems to be 1 franchise out of "Franchise Gator" called "NORTH AMERICAN CUSTOMS BROKERS" (from Charlotte, NC). While looking for more information about this franchise I ran into "Blue MauMau" website & took the liberty to call the telephone # provided & had the pleasure to speak with Mr. Don Sniegowski. We chat for awhile but as well as me, he has no information about this company. The only information about I found (see below) is on "Franchise Gator" website, but I haven't been successful to get direct contact to this company.

I have vast experience in the import/export industry, today is called "supply chain management". I want to know as per information below, If someone has heard of this company, are they legitimate? Do they have any negative history (below states they have being established for 13 years)? It has a pretty good deal of 60 days money back guarantee... therefore, I need some feedback from any franchise expert or any one that has contact this company before so I can interview them myself.
=====================================================

NACB Import Export Business Opportunity Information:

Become a Licensed Import/Export Agency…and more!

North American Custom Brokers (NACB) provides a business opportunity where any individual or family, with no prior business experience, can set up and establish a profitable home or office based International merchandise brokerage. Importing and Exporting is becoming one of the hottest industries and everyone is trying to get in the game.

The problems most people face when starting is:
•Learning how to Import & Export
•What documents and procedures to follow
•Buying Inventory to distribute $$$
•Finding International Customers to buy the goods
For a one-time fee of $6,999.00 U.S. Dollars NACB will provide you with all the above to start and operate your International Merchandise Brokerage.

60 Day Money Back Guarantee (*Inquire for details)

Our Mission Statement

NACB was designed to establish and maintain a strong business relationship with independent custom brokers doing business worldwide. Through our company, individuals with no prior experience can engage in any domestic or international transaction without carrying inventory or any financial obligations. NACB Custom Brokers benefit from our years of experience, International contacts, and hundreds of suppliers established throughout the world. NACB and its custom brokers mutually profit through every transaction.

A Family Owned Business

NACB is a 13 year old family business started in South Carolina. Now with the main facility in Charlotte, NC its expansion has carried to 31 Independent Brokerages operating in the United States, Canada, Mexico and Puerto Rico. The goal is to stay "family" orientated and keep the "hands on" approach still alive. The Owner &President of the company still works full time in the warehouse and support facility.

Our Business Opportunity

For $6,999.00 U.S. Dollars NACB provides its independent brokerages with all the necessary materials to learn the fascinating Import/Export Industry. NACB prepares you with one-on-one training and "hands on" assistance to learn the entire industry and obtain your own CUSTOMS BROKER LICENSE.

But that's just scratching the surface.

NACB also provides name brand, first quality goods to distribute through your brokerage and you never have to buy any inventory. We drop ship the goods for you and collect the charges. You will not need a credit card terminal or billing software. Your commissions are paid directly from NACB. NACB does not deal in Surplus, Liquidation, Close-Out, Used, Irregular or Refurbished products.

NACB provides unlimited International Customer Leads and the products they are currently seeking to buy. All the contact information and best time to reach each customer is supplied by our Research Department.

Hands on computer and software support to understand which programs work best and how to use them. We will help you make business cards, letterhead, design databases and spreadsheets to assist your brokerage. This is one-on-one training.

Finally, we provide you with 5 designated support personal to help you every step of the way. "Think about it" That's 5 full-time employees working for your brokerage.
•Human Resources Representative
•Computer Technician
•Research Assistant
•Transactions Assistant
•Training and Support Specialist
You receive everything to operate your brokerage for a one-time fee of $6,999.00.

Snap Fitness - Laws, Codes and Regulations

Dear Franny,

How can Snap Fitness be allowed to market, sell and open franchisees in states that are perfectly clear in their laws and regulations about requiring staff on duty at all open times, CPR/AED certified employee must be on duty at all open times and an employee operator is required to be on duty when tanning is being used?

Don't franchisors have a moral and legal responsibility, duty and obligation to insure their franchisees are within the laws and regulations of that location before they can actually sell a franchise there?

Are the states this inept in the enforcement of their own policies?

Help me out here, who is in the wrong? The state regulators or the franchisor? Certainly the franchisees should not be liable for this if it was misrepresented when they purchased their franchise.

What say you?

Delightful Bouquet

Has anyone heard heard of this company and had any dealings with them? Inquired about their product and they emailed this to me. What do you think?

Thanks for your interest in Delightful Bouquet™!

Our system will be launched in early February 2010. This e-mail is being
sent to you to keep you informed on how our system will work and our main
competitive advantages.

We know that anyone can work with candy bouquets without being part of a
franchise system, and here we will present you with a business opportunity
that will show you that if you really wish to enter this market, it is
better to join a group rather than working alone by yourself.

We are developing and investing in a system where briefly we will have
hundreds of concessions across the United States and beyond. This will
allow us to invest even more in marketing so that concessionaires can sell
more and more as well as enabling us to purchase customized materials in
great quantity while reducing the cost of each bouquet.

In our system you will have at least 3 sources of revenue:

1. Delightful Bouquet™ Sales: The candy bouquets will be presented to the
public through billboards in major American cities that have visitors from
across the country, advertisements in high-circulation newspapers in
strategic dates, daily advertisement on Facebook (which is one of the most
visited websites in the planet with more than 300 million users), online
display ads on other websites, flyer distribution and e-mail blasts.

2. Delightful Bouquet™ Designs: You will be able to design new candy
bouquets and, after your design is approved by our team, your bouquet will
be added to our portfolio. We will build an inventory with the necessary
materials to build your bouquet and it will be available for sale through
all of our concessions. You will be receiving royalties from each sale of
your Delightful Bouquet™ designs.

3. Selling other products: Knowing that our system will have great
marketing and that all of the visitors from your city will be directed
automatically to your virtual store, you will be able to sell related
products by establishing strategic partnerships with flower, gift, and
fruit arrangement shops, among others.

You do not need to purchase the concession for your city, it will be given
to you. You will only have to pay a small flat monthly fee for the system
maintenance (which is being developed with cutting-edge technology) as well
as marketing campaigns that will generate sales for you.

Being our company's concessionaire, you will have your own Delightful
Bouquet™ virtual store, with total exclusivity in your city, payment
processing system (which forwards payments directly to your bank account).

You will have personalized material that makes all of the difference
regarding visuals and which would not be viable for one person to do alone
like ribbons, boxes, cards, stickers, etc. All of this material can be
acquired by concessionaires at cost.

We are so certain in the functionality of our system and the profitability
of this business that we will not be imposing a minimum contract term, and
this way you will be able to begin your work without burdening yourself
with liabilities.
Beyond this, you will be able to count on weekly meetings, trainings and
exclusive strategic tips.

The candy bouquets will be built by you from kits that will contain the
necessary materials thus saving you time and energy.

If you have any questions, please do not hesitate to contact us. We hope
you will join Delightful Bouquet™, the best business opportunity in the
United States.

Sincerely,

e-Business4us, Inc. d/b/a Delightful Bouquet™
Telephone: (407) 370-3366
Facsimile: (407) 370-3306
http://www.DelightfulBouquet.com
7041 Grand National Drive
Suite 230
Orlando, FL 32819-8991

Growing fast

Delightful Bouquet has had more than 250 registrations for new concessionaires in the last 7 days.

Delightful Bouquet™

Hi,

How are you?

I have also pre-registered and gotten their e-mail. It appears to be a good business opportunity. The system appears to make viable what already exists. I am also anxiously awaiting the launch.

Sincerely,

they are already working and

they are already working and they are very good, I recommend reading the entire contents of the website. These guys promise to be successful and I think they will.

Post new comment

CAPTCHA
This question is for testing whether you are a human visitor and to prevent automated spam submissions.

About Franny

Franny's picture

Public Profile

Franny is a columnist for Blue MauMau who answers questions about running and owning a franchised business establishment. Those who have questions can post them under the Ask Franny forum. Readers may comment on the questions there. If the post is answered by Franny, it will be featured on the frontpage of Blue MauMau under the "Ask Franny" column. Franny sometimes invites Subject Matter Experts to answer. Please do not mention your franchisor, vendor or your own firm's name in your question.