Franchising in Colombia: agreeing operational support

A franchise may promise ongoing support without explaining what that means when an everyday problem arises. Before investing, turn that promise into verifiable commitments: who will help you, with which issues and on what terms. Sharing experience within the franchise community is valuable, but it does not replace a clear contractual obligation to provide support while you run the business.

1. Distinguish support from initial training

Learning to run the business before opening is not the same as receiving help in the years that follow. Training provides knowledge; operational support helps you apply it and resolve difficulties in a trading business. Nor does an inspection visit, in itself, amount to support.

Ask the franchisor for a specific list of services available after opening. Depending on the model, these might include guidance on procedures, analysis of recurring problems, performance monitoring or recommendations for addressing departures from operating standards. Do not assume they are all included.

For each service, clarify four elements:

• Scope: which enquiries are covered and which are excluded.
• Format: remote support, in-person visits or both.
• Frequency: scheduled meetings and arrangements for requests outside that schedule.
• Deliverable: a written response, assessment, recommendations or follow-up plan.

An offer of “ongoing advice” is difficult to assess if it simply lets you send an email, with no named person responsible or response deadline. Request an anonymised example of how an enquiry is handled, without asking for confidential information about other businesses.

2. Put the promise into your Colombian contract

In Colombia, franchising is an atypical contract: there is no comprehensive, franchise-specific legal framework governing all its terms. The parties’ valid agreements apply, alongside the general provisions of the Commercial Code and, where relevant, the Civil Code, including the principle of good faith. Andean Community Decision 486 governs the relevant industrial property matters.

Colombia’s Ministry of Justice identifies providing the information needed to develop the business as one of the franchisor’s obligations. However, that guidance does not prescribe a universal number of visits or mandatory response times. The scope of support must be expressly defined.

There is also no specific general obligation to provide a franchise disclosure document within a standard timeframe. The text published by the Ministry of Commerce, Industry and Tourism (MinCIT) in 2021, which proposed such a document and a notice period of twenty working days, was a draft, not a rule that should in itself be treated as being in force.

For this reason, include support commitments in the contract or in an annex expressly incorporated into it. Keep the commercial offer and ask for any inconsistencies to be resolved before signing. The contract terms are not your only legal protection, but they make it easier to demonstrate what service was promised.

3. Agree responsibilities, timescales and costs

You do not need to demand unlimited availability. You need a system suited to the business’s opening hours and risks. Identify the support channel, its operating hours, the person responsible and who covers their absences.

Distinguish between acknowledging receipt, providing initial guidance and resolving the problem. These are separate milestones. Some solutions require additional information or third-party involvement; the contract should explain how these dependencies will be communicated and how follow-up will be maintained.

Propose classifying requests by urgency using objective criteria. A routine question about a procedure does not have the same impact as a problem that prevents the business from operating. Also agree whom to contact if your first point of contact does not respond.

Review costs without assuming that royalties cover every form of support:

• Which services are included in your regular payments?
• Which visits incur fees, travel or accommodation costs?
• Is your written approval required before additional charges are incurred?
• How is additional support outside the usual arrangements priced and approved?

Ask for exceptional expenses to require a quotation in advance. This will allow you to compare brands on the support you are actually contracting for, rather than just their sales descriptions.

4. Define monitoring and action in the event of non-compliance

Agree on a request log recording the date, issue, priority, response and closure. For visits, ask for a brief report distinguishing recommendations, each party’s tasks and follow-up dates. This allows you to verify the service provided without turning every conversation into a dispute.

With legal advice, negotiate a complaints procedure covering written notice, a period for remedying the failure and the measures available if the promised support is not provided. Do not assume you can unilaterally suspend royalties or other payments; doing so could put you in breach of contract yourself.

Support does not guarantee profitability or replace your own management. As a franchisee, you remain independent and operate using your own resources. Define which decisions remain your responsibility and what cooperation you must provide to receive help.

Practical conclusion: before paying, insist on a written description of the support, including its scope, the people responsible, timescales and costs. If you cannot explain how you will receive help after opening, an important part of the purchase still needs to be clarified.