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LICENSING VS. FRANCHISING 2015 Keith J. Kano use & Walker, P.A. One Coca Place, Suite 324 Atrium 2255 Glades Road Boca Raton, Florida 33431 Telephone: (561) 4518090 Fax: (561) 4518089 Email: Keith×Kanouse.com This
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01
Research and analyze your business model and objectives to determine if licensing or franchising is the right option for you.
02
Understand the key differences between licensing and franchising. Licensing involves granting permission to use a brand or intellectual property, while franchising involves the transfer of an entire business system.
03
Identify your target market and assess the demand for your business offering in different locations.
04
Create a comprehensive licensing or franchising agreement that clearly outlines the rights and responsibilities of both parties involved.
05
Develop a detailed operations manual or guidebook that provides instructions and guidelines for licensees or franchisees to follow.
06
Decide on the fee structure, royalties, and other financial considerations associated with licensing or franchising.
07
Implement a thorough training program to ensure that licensees or franchisees understand the business operations and can maintain brand standards.
08
Establish a system for ongoing support and communication with licensees or franchisees to address any issues or concerns.
09
Monitor and enforce compliance with the licensing or franchising agreement to protect your brand and maintain quality standards.
10
Continuously evaluate the performance of licensees or franchisees and make necessary adjustments to optimize business success.

Who needs licensing vs franchising?

01
Businesses looking to expand their brand presence and reach quickly and efficiently may opt for franchising. This allows them to leverage the resources and efforts of franchisees to establish and grow their business in multiple locations.
02
Companies or individuals with valuable intellectual property, such as patents, trademarks, or copyrights, may choose licensing as a means to generate revenue by granting others the right to use their intellectual property in exchange for licensing fees.
03
Entrepreneurs who want to start a business but lack the expertise or resources to develop a complete business system from scratch may consider franchising as a way to leverage an established brand and proven business model.
04
Individuals or organizations looking to enter new markets or industries may find licensing or franchising as a viable option to quickly access local knowledge, distribution networks, and established customer bases.
05
Businesses experiencing rapid growth and struggling to meet the increasing demands may choose franchising to offload the expansion burden to franchise partners while maintaining control over brand standards and quality.
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Licensing is a legal relationship between a licensor and a licensee where the licensor permits the licensee to use specific rights under certain conditions. Franchising, on the other hand, is a business relationship in which the franchisor provides a licensed privilege to the franchisee to conduct a business with the franchisor's brand, usually in exchange for fees or royalties.
Both licensors and licensees are typically required to file for licensing agreements. Franchisors are required to file for franchising agreements, while franchisees are not required to file.
Licensing agreements are usually filled out by both parties involved, including the licensor and licensee. Franchising agreements are typically filled out by the franchisor and then signed by both parties.
The purpose of licensing is to give the licensee permission to use certain rights or intellectual property. The purpose of franchising is to allow the franchisee to operate under the franchisor's brand and business model.
Both licensing and franchising agreements must include details such as the rights granted, fees or royalties, duration of the agreement, and any restrictions or limitations.
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