In This Issue

• USG in the News
• Mario’s Message
• Matriculating with Mar-Lyn
• Elizabeth Enlightens
• Larry Listens
• Petrossi Ponders
• USG Services Spotlight
• Legal Corner

 

Upcoming Events

Upside Group to Sponsor
and Serve as Roundtable
Facilitators for
IFA’s Annual Convention
in Orlando on
February 11-14, 2012

 

In addition to sponsoring the 2012 IFA Annual Convention, Upside Group will serve as Roundtable Facilitators for the following Roundtable Sessions.

 

Roundtable: Selling Your First Ten Franchises – How to attract top prospects when your a small company

 

Co-Faciltiators: Mario Altiery, USG President & Christian Faulconer, CEO Franchise Foundry

 

Roundtable: Meeting the Needs of the Multi-Unit Owner

 

Co-Faciltiators: Larry Schwartz, Senior Consultant USG, & Marla Rosner, Senior Consultant MSA

 

For more information, please visit the USG Events Webpage.

 

Attending this event? Download IFA’s 2012 Convention Mobile App!

 

Franchise Spotlight

 

Pinpoint Leak Detection, Inc. offers top quality services to their community and excels at detecting often unseen water and gas leaks, which can cause serious problems if left undetected. With Pinpoint on the job, you can find out if a problem exists before it becomes a full blown headache. The services provided by Pinpoint Leak Detection are available to all types of properties, including residential, commercial, industrial or municipal.

 

Over the last 20 year span of owning and operating Pinpoint Leak Detection Inc., Robert has been able to create a profitable company with a very low overhead, while always maintaining excellent customer service and quality. Robert constantly receives inquiries and interest in owning a Pinpoint territory. When asked why he plans to franchise his company he stated “I am asked every day by doctors, lawyers, and many kinds of professionals how to get into this business. I knew I had a great business plan and it has been such a great experience for me. Once in business a couple of years I knew someday I would franchise and share this great opportunity.”

 

 

 

 

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Find out about Franpac and how you can be involved!

 

 

Upside Group
Franchise Consulting
888-445-2882
newsletter@upsidefc.com

Offices in Arizona, California and Florida

 

 

If you have any questions or comments for Upside Group please click here to submit them.

 

 

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• USG News

  USG Client, Complete Nutrition Voted Top 10 New Franchises for 2012

  Congratulations to USG client, Complete Nutrition for landing at Number 2 on Entrepreneur.com’s list of Top 10 New Franchises for 2012! Complete Nutrition joins a list of the newest stars in the franchising world this year.

  Complete Nutrition is an upscale nutritional supplement retail store. Their goal is to help each customer look better, feel better and perform better every day.

  Started in 2004, Complete Nutrition is now one of the fastest-growing franchises in the nation with over 80 franchises in over 30 states. Complete Nutrition stores eliminate the clutter and high pressure sales environment of typical nutritional supplement stores and instead focus on giving customers the best experience and results for their money. To that end, Complete Nutrition stores employ certified personal trainers, former strength coaches and other experienced fitness professionals in order to best assist customers in developing personalized nutrition programs.

  Complete Nutrition joined forces with Upside Group Franchise Consulting to review their franchise operations systems and franchise development deliverables in order to further widen their franchise base.

  To view the full list of 2012 Top New Franchises, click here.

• Mario’s Message

  New Year’s Resolutions May Be Your Best Franchise Marketing Tool!

  As the New Year rolls around most Americans set off to make this year better than the last. Some of the most common resolutions are to lose weight, exercise more, reconnect with friends, learn a new language and save more money. While losing weight and exercising more typically top the list, often times making a career transition is near the top of resolutions list also. Many workers are underwhelmed with their current work situations, whether it is low pay, no upward mobility, boredom, feeling undervalued or working for a difficult employer, workers are often looking for a change. So as the New Year rolls around and they didn’t receive the bonus they expected or their cubical mate got the promotion they were hoping for and they just can’t take it anymore many Americans are motivated to make a change. So the turn of the New Year might just be your best franchise development marketing tool.

  With all the newly motivated franchise prospects out there looking for new franchise companies; franchisors need to make sure their franchise marketing plans are reaching their core prospects. While Upside Group Franchise Consulting does not support the use of static email drip campaigns for typical franchise development it can be an effective tool as the New Year arrives. Throughout the year many franchise prospects inquire into new franchise businesses with the best intentions but find they are too busy to fully engage in the discovery process. By using a drip campaign for the first month of the New Year, you might re-engage those previously busy prospects.

  Your marketing should inform prospects of the success of your franchisees in the past year and the growth of your franchise organization. You should include links to recent press your franchisees have received and any recognition or franchise awards you won in the recent past. While you are reconnecting with prospects consider providing links to your social media accounts such as twitter, Facebook and your company blog as these tools will help franchise prospects warm to your franchise concept and gather a fuller understanding of your franchise business.

  So while losing weight and going to the gym are important, don’t forget to pump up your franchise marketing for the New Year, it just might help get your franchise in-shape.

• Matriculating with Mar-Lyn

  Resolve to Stay Organized in the New Year

  With the possible exception of ‘Getting in Better Shape,’ I am willing to bet ‘Getting Better Organized’ is the most common New Year’s resolution year after year, and it very well should be! Proper organization is the first step to reaching any goal. Whether your plan is to increase franchise sales, improve marketing strategy or simply free up additional time to focus on the business of developing your franchise system, better organization can get you there. This may seem to be an overwhelming undertaking, but it doesn’t have to be. Consider the following tips.

  MAKE LISTS
  Make daily, weekly and monthly to do lists of important tasks. Review your priorities at the beginning of each day. Identify your three most important tasks for that day and tackle them first.

  TO DO AND TODAY
  Your To Do list should include both specific and general items which will require your attention in the foreseeable future. Your Today list, obviously, should consist of items that should be complete before the end of today. Things should be moved from To Do to Today as appropriate. Having a specific list for today will often assist in completing tasks in a timely manner.

  DO ONE THING AT A TIME.
  Lack of focus is detrimental to maintaining regular organization. Whenever possible, you should always complete one item before moving on the next. These days, everyone claims to be a “multi-tasker,” but the truth is you will work most efficiently and produce the best results when you allow yourself to do one thing at a time.

  CALENDAR FOR CHAOS
  I recommend leaving at least 10% of each day available to conquer the unexpected. It is unrealistic to expect that everything will always go smoothly. Planning for potential complications will not only keep the affected project on track but will also help ensure you don’t fall behind on other projects.

  USE ONLY ONE CALENDAR
  Whether it is Outlook, your mobile device or a good, old-fashioned planner that works best for you, determine what works and get rid of all other calendars. If you maintain calendars for multiple individuals, create a color coding system to help identify appointments. Multiple calendars will absolutely lead to conflict, confusion and lack of organization.

  KEEP YOUR DESK CLEAR
  You’ve heard the saying, “A cluttered desk is a sign of a cluttered mind.” Avoid clutter by developing a one touch system and acting on each sheet of paper as it comes to you. For example, “trash it, act on it or file it” as soon as your receive something. Some items you may need to place in your inbox. This should be done only when no other option is viable.

  CHANGE PROBLEMATIC BEHAVIORS
  Possibly, the most effective way of increasing organization is to understand yourself, identify problem behaviors and commit to solutions you will be able to maintain long-term. If you are a person who will always procrastinate a particular task but will happily complete other tasks, commit to completing the least favorite tasks at the start of each day. This will leave the rest of your day available for tasks you find more enjoyable. If you are a person who is constantly scrambling to find a piece of information, consider using a software application such as OneNote which will allow you to store everything in a searchable environment. Whatever the issue, create a workable solution and stick with it.

  If you apply the above to your daily routine, you will quickly notice improvement in organization, efficiency and results. Resolve to stay organized and enjoy a less stressful, more successful New Year!

• Elizabeth Enlightens

  Keep the initial presentation simple:

  Hope everyone has had a Happy New Year thus far!

  You are often competing with other franchise businesses in the similar industry or not in the same industry at all. The point is that you are being compared against other businesses that have strengths all their own. Therefore, if you get the opportunity to give the initial sales presentation, whether the lead comes from a lead generation portal and you talk to them on the phone or you are speaking to the prospect in person at a trade show, regardless you want that initial opportunity to always be the best that it can be.

  Remember that most people has a very short attention span. When speaking to a franchise prospect, you must compress the essence of your franchise and the main benefits in the first few minutes, and then involve the prospect to maintain attention. You should practice, practice and then practice some more until you are able to give your presentation in no more than 15 to 20 minutes.

  To keep it simple when giving a presentation;

  1. Describe your franchise opportunity right away. Get straight to the point so that you catch the viewer’s attention.
  2. Explain the benefits of investing in the franchise opportunity. Be specific with the initial and ongoing benefits that the potential franchisee will receive for investing the in the franchise.
  3. Summarize the objective of the presentation. Review the main points that were covered, the benefits for the potential franchisee, and the next steps in the process.

  Remember you are having the first and initial presentation and therefore keeping it simple is important.

• Larry Listens

  How can I increase my lead flow this year?

  I was recently asked by a client, “How can I increase my lead flow this year?”

  As predictable as the arrival of the holidays themselves is this specific question. As any given year winds down organizations of all kinds begin to plan for the New Year. A fresh start for some, to others a launching point for growth - and - for our clients, friends and industry associates quality franchise lead generation is top of mind. And so it is without fail that toward the end of year I address this question more than any other. Fortunately, I have a good answer.

  Much like the organizations who pose the question, individuals are also beginning to plan for the coming year. For many, it’s a time for change, an opportunity to start something new, or finally taking the initiative to begin looking at new business opportunities. Whether in the form of a resolution, or the idea of a new beginning these types of initiatives drive more interest in franchising during the 1st quarter than at any other time of year. As a result, franchise advertising portals, franchise consultants and Brokers are often flooded with fresh leads creating an outstanding opportunity for franchisors to hit the ground running.

  And these are not the only sources to obtain quality leads. With so many people exploring these opportunities, grass roots or “target” market campaigns can also be effective. This is especially true for business models that are able to identify potential franchisees involved in complimentary businesses as well as those conducive to “add on” or “conversion” opportunities. Obtaining this information can be easily accomplished through networking groups, trade associations and companies that provide category specific mailing lists, all of which can be exposed to your franchise opportunity through email and related campaigns.

  As is the case in most industries, successful franchise sales are a function of volume coupled with effective systems, processes and resources. Therefore, this is not a time for contemplation but for action and to take advantage of all that is available to you. If you are unsure of the best sources to tap, discuss your options with a qualified franchise development consultant or industry professional. They are excellent resources to assist with options, recommendations, budgeting and an overall lead generation strategy that will be most effective for you and your organization.

  Most importantly, don’t wait – There are millions of prospective new business owners actively seeking franchise opportunities and statistics show that now may be the best time of year to cast your net.

  I wish all of you a happy, healthy and prosperous New Year!

• Petrossi Ponders

  Put Your Freshest Face Forward

  The beginning of the New Year is always exciting. It finds me looking to the opportunities and challenges ahead and, of course, setting those daunting resolutions. Making a list of objectives provides a roadmap for the things I hope to accomplish in the coming 12 months. As a company, Upside Group does the same thing. One main goal at Upside Group is to continue to keep our corporate brand fresh and up to date in 2012. There are several key components that franchise businesses should evaluate when refreshing their brand.

  Refresh your Brand

  Franchise Operations Manuals – Are your franchise Operations Manuals up to date with any changes to your system? Make sure that you keep a log of system changes throughout the year and perform a yearly update to your manual suite. And do not forget to communicate the system changes to your franchisees and make sure that they are in full understanding of the new process, menu item, or marketing initiative etc...

  Franchise Website – How often has your website been updated this year? If the answer is not a couple times per month or more, you need to re-evaluate. Franchise businesses should keep their website copy and images updated on a regular basis. When potential clients or potential franchisees visit your website, it is important to put your freshest face forward.

  Franchise Advertising and Marketing – Have you evaluated the past year’s advertising and marketing results? It is vital to not only monitor your advertising and marketing results, but make adjustments based on the findings. Importantly, do not forget to keep up to date with your Social Media sites, as franchise business are finding new customers, and even new franchisees, through the use of social media sites.

  “Nearly 75% of franchise businesses are now leveraging social media, and 69% of consumers say they’re more likely to patronize a local business if it offers information on a social networking site.”

  Franchises Embrace Social Media

  By: Franchise Business Review

  Franchise Sales – In order to expand your franchise business, it is vital to have a successful franchise development process. If you build upon the strengths of your business, you will be able to generate more qualified leads. In 2012, re-evaluate your franchise sales process and improve upon areas which are lacking. If sales efforts are unsuccessful in house, consider outsourcing the franchise sales process to a franchise consultant.

• USG Services Spotlight

  Getting Down to Business

  Franchise manuals are critical operations tools needed for ensuring the proper launch of franchise units and maintaining consistency during developmental and expansion stages. Franchisors rely on Upside Group Franchise Consulting to write customized, step-by-step franchise operations manuals, along with a comprehensive suite of topic-specific franchise support manuals, then continue to use our franchise manual writing department to update these documents as needed, and write other manuals to meet the growing needs of the company.

  No other firm offers these kind of customized and comprehensive franchise operating manuals. Many offer the basic components and a description of the general process. Upside Group knows very well that no two businesses are alike. While there are several elements that every franchise operations manual should contain, a business owner who sells shoes is going to need a different set of goals and strategies than a sandwich maker. Our experience has proven that to us, and anyone who says otherwise or offers a standardized franchise manual is likely to make a mistake that is sure to be costly in the long run.

  Our streamline development process for franchise manuals was designed by franchisors and franchisees so materials are organized, formatted and developed according to common industry standards of order, clarity, style, and terminology, making them comprehensive and user friendly so detailed guidelines and instructions are clear for future franchisees, and the business being franchised is a replicable unit whose operation can be efficiently and effectively transplanted. Reproduction and distribution of printed and online versions of our franchise operating manuals is coordinated by Upside Group’s Franchise Operations Team to ensure an organized process.

• Legal Corner

  Despite Two United States Supreme Court Decisions, Lower Courts Often Refuse to Prohibit Class Action Arbitration Proceedings.

  By Gregg Rubenstein

  In 2010, the U.S. Supreme Court issued its opinion in Stolt-Nielsen S. A. v. AnimalFeeds Int’l Corp., 130 S. Ct. 1758, holding that arbitrators cannot impose class arbitration on parties whose arbitration clauses are “silent” on whether they agreed to allow such proceedings. “An implicit agreement to authorize class-arbitration is not a term the arbitrator may infer solely from the fact of the parties’ agreement to arbitrate.” Id. at 1775. The following year, the Supreme Court issued a second decision concerning class action arbitrations in AT&T Mobility LLC v. Concepcion, 131 S. Ct. 1740 (2011). Concepcion held that specific prohibitions against class action arbitrations were enforceable, regardless of California state law that held them to be unconscionable. As any franchisor who has been on the wrong side of a class action claim knows, they tend to be complex, costly and high-stakes litigation that can drain a franchise system’s financial resources. Not surprisingly, Stolt-Nielsen and Concepcion were generally welcomed by franchisors as strictly limiting the circumstances in which they could be required to defend against class action claims.

  Despite these positive Supreme Court decisions, several lower courts have sought to limit their applicability, especially Stolt-Nielsen. Although Stolt-Nielsen seemingly applies to all franchise agreement that contain arbitration provisions but do not mention or permit class action arbitration proceedings, courts in California, Connecticut, New York, Vermont and elsewhere have refused to prohibit class action arbitrations. Instead, these courts have decided to let the arbitrator(s) decide if a franchise agreement implicitly permits class-wide claims. Needless to say, because arbitrators are paid based on the length and complexity of proceedings before them, they have a strong incentive to permit class action arbitrations to proceed if possible. While this issue is less troublesome for newer franchise systems with specific class action arbitration waivers, it can be very challenging to older systems with agreements dating back to before the issue ever arose. Systems with these older agreements should pay careful attention to this developing line of cases and contact counsel immediately if served with any type of class or consolidated demand.

  Article by: Gregg Rubenstein
  Nixon Peabody
  
  100 Summer Street
  Boston, MA 02110
  grubenstein@nixonpeabody.com
  Business Phone – 617-345-6184