Launching a franchise in Belgium: create an honest franchise brochure

A successful business does not automatically explain itself to a prospective franchisee. That is why you need a franchise brochure: a concise presentation of your concept and the working relationship you propose. It should be an introduction to your franchise network, not a sales pitch. A good brochure makes clear what you have already proved, what you can genuinely deliver and what prospective franchisees will need to arrange themselves.

1. Describe the franchise concept, not just your business story

Your company’s history provides context, but prospective franchisees primarily want to understand the business they will be running. Start with a concrete description: who are your customers, what problem do you solve and why do customers choose your offering?

Then explain what this means in day-to-day practice. A lunch business, for example, is more than a product range and a recognisable interior. How customers order, how food is prepared and served, and the balance between takeaway and eating in all shape how the concept works.

Make sure your brochure answers five questions:

• What exactly does the customer buy?
• What makes the concept recognisable and distinctive?
• Which elements must every outlet deliver consistently?
• What resources does the franchisor provide?
• Which tasks and responsibilities remain with the franchisee?

Present franchising as joining a network of independent business owners working with a shared concept. Avoid wording that suggests someone simply needs to invest money and will then receive a ready-made income stream.

A useful test is to ask someone unfamiliar with your business to read the brochure. Can they then explain what a typical working day looks like and what you contribute as the franchisor?

2. Separate proven results from development plans

In an established business, experience and ambition can easily become blurred. You may have run your own outlet for years but have no experience of providing support remotely. If so, do not claim to have a fully developed franchise organisation.

Create a simple internal register of claims. For each significant statement, record the supporting evidence, the person responsible and the date it was checked. This might include claims about the number of outlets, the availability of training, how ordering systems work and protection for your trade mark.

Use three clear categories:

• Operational: available and actually in use.
• Tested: tried out in a defined setting, but not yet widely adopted.
• Planned: intended for a later stage, subject to conditions or dependencies.

These categories do not need to appear as labels on every page. They do, however, help you write accurately. ‘Our own outlet uses this system’ means something different from ‘all franchisees receive a fully integrated system’.

For photographs and other images, state whether they show your existing business, a trial set-up or a design visual. Similarly, do not present planned expansion as though the outlets are already open. Particularly for a young franchise network, an honest account of its stage of development is more credible than an exaggerated impression of its size.

3. Keep the brochure, offer and legal documents consistent

A franchise brochure is not a substitute for the pre-contractual information required by law. In Belgium, commercial cooperation agreements that fall within the statutory definition are subject to specific rules under Book X, Title 2 of the Belgian Code of Economic Law (known by its Dutch abbreviation, WER).

Under Article X.27 of the WER, prospective franchisees must receive the draft agreement and the pre-contractual information document, commonly known in Dutch as the PID, at least one month before entering into the agreement. Article X.28 sets out the contents of that separate document: important contractual provisions and socio-economic information. The documents must be clear and understandable and supplied in writing or on a durable, accessible medium.

Your brochure serves a different purpose: to explain the franchise concept clearly. Nevertheless, its promises must be consistent with the offer and the legal documents. Pay particular attention to words such as ‘included’, ‘unlimited’, ‘exclusive’ and ‘guaranteed’.

For example, does the brochure promise ‘intensive support’ when you offer only a fixed number of scheduled meetings or calls? Make clear what prospective franchisees can expect. Does it refer to ‘your own territory’ when the arrangements contain exceptions? Avoid an unconditional promise of exclusivity.

Ask a Belgian legal adviser to review the brochure alongside the draft agreement and the PID. A general statement that the brochure is non-binding is not an adequate solution to contradictory or misleading information.

4. Organise approval and updates

Make one person responsible for the final brochure. Have operational promises checked by the person who must deliver them, financial information by your finance lead and legal wording by your adviser.

Give each version a date and version number. Also keep a record of which version was sent to each prospective franchisee. This will allow you to establish later what information was available during a discussion.

Check related materials too: your website, presentations, advertisements and standard emails. A carefully reviewed brochure is of little use if an old presentation still promises more extensive support. Agree on what explanations staff may give verbally and when a question must be referred internally.

Practical takeaway: start with a factual brochure, check every promise and compare the text with your agreement and PID. Publish only when your organisation can deliver what prospective franchisees read.