Franchises in Colombia: how to agree training terms

Buying a franchise is not simply a matter of obtaining permission to use a brand. It also means learning to replicate a way of working. In franchising, this transfer of knowledge turns the franchisor’s experience into skills your team can use. Before signing an agreement in Colombia, turn the promise of ‘training included’ into verifiable commitments covering content, responsibilities, costs and assessment criteria.

1. Distinguish between receiving a manual and effective training

A manual explains procedures, but handing it over does not prove that anyone can carry them out. Training should enable the franchisee and those responsible for running the business to practise the necessary tasks, receive feedback and ask questions.

Colombia’s Ministry of Justice, in its guidance on franchise agreements, identifies the transfer of business know-how as an obligation of the franchisor and mentions training and manuals as ways to fulfil it. This does not mean that every brand must offer an identical programme: its scope needs to be specified in the agreement.

Ask for a programme that covers at least the following areas separately:

• Operations: preparing products or delivering services, quality control and handling operational issues.
• Day-to-day administration: opening and closing, stock management, record-keeping and monitoring performance indicators.
• Customer service: procedures for handling requests, complaints and difficult situations.
• Outlet management: supervision, organising shifts and checking compliance with standards.

Not every participant needs to study the same material. Ask for a matrix linking each role to the content and practical exercises its holder must complete. This will help prevent a general briefing from being presented as sufficient training for the entire operation.

2. Make the programme a contractual obligation

In Colombia, franchising is an ‘atypical’ contract: there is no specific legislation setting out a mandatory training programme. The terms agreed by the parties apply, alongside the general rules on obligations and contracts in the Commercial Code and, where applicable, the Civil Code, including duties of good faith.

There is also no special pre-contractual franchise disclosure regime requiring a standardised training information sheet. Do not therefore assume that a sales presentation alone defines everything you can require the franchisor to provide. Include the commitments in the contract or in a document expressly incorporated into it.

For each module, specify:

• Who will deliver it and what experience they must have.
• Who it is intended for and how many participants it accommodates.
• Whether it will be delivered in person, online or through supervised practice.
• Its duration, location and timing.
• The materials and access to resources that will be provided.
• How attendance will be recorded and learning assessed.

Avoid open-ended wording such as ‘training subject to availability’. If the brand needs flexibility to organise groups, agree a scheduling procedure and a minimum notice period. The franchisee’s entitlement should be clear, even if the timetable can be adjusted by mutual agreement.

3. Clarify costs and how readiness will be assessed

Ask what is included and what attracts additional charges. Distinguish the trainer’s fees from transport, accommodation, meals, materials and staff travel expenses. Also account for the paid time your team will spend learning rather than running the business.

Request a written breakdown of potential charges for repeating modules, training replacement staff or adding participants. Where a price cannot be fixed at the outset, negotiate a calculation method and a requirement for prior approval of the expense.

Assessment deserves particular attention if passing it is a condition of being allowed to operate. Agree objective criteria in advance: observable tasks, errors that require correction and who will be responsible for checking the outcome.

For example, completing a session on stock management is not the same as knowing how to record a delivery and identify a discrepancy. Supervised practice is a better way to check this than an attendance certificate.

Also define what happens if someone does not reach the required standard: what additional training is available, reassessment arrangements, the timeframe and who pays. Distinguish between a participant’s absence and incomplete training for reasons attributable to the franchisor.

4. Plan for training after opening

The need to learn does not disappear once the business starts operating. Staff will need replacing, procedures will change and difficulties will arise that only become apparent in day-to-day work.

Separate three commitments: initial training, refresher and update training, and support for queries. For query support, agree communication channels, service hours, responsible contacts and response times according to urgency. ‘Ongoing support’ does not explain whether you will receive a visit, a phone call or merely access to a digital library.

Keep records of sessions, materials received, assessments and outstanding requests. If a promised activity has not been delivered, notify the franchisor in writing and request a plan to fulfil the commitment. This audit trail helps resolve problems and, if they persist, allows you to review your contractual options with a legal adviser.

Practical conclusion: before signing, check that you can explain what each person will learn, who will teach them, how much it will cost and how the outcome will be assessed. If those answers depend on verbal promises, the training arrangements have not yet been adequately agreed.