Franchising in Colombia: how to agree training and support

Buying a franchise means joining a network that shares knowledge, procedures and standards. But a promise of ‘ongoing support’ does not explain who will resolve a problem or how your team will learn to run the business. Before signing, check what training you will receive and turn the support on offer into commitments you can verify. This review helps distinguish a persuasive sales pitch from a genuine ability to provide support.

1. Understand the protection Colombian law offers

Colombia has no specific franchise law or general requirement to provide a franchise disclosure document with legally prescribed content and delivery deadlines. The Ministry of Justice describes the franchise agreement as an atypical contract: it is not expressly regulated as a distinct category of contract.

This does not mean the relationship is without rules. The general rules on contracts and obligations in the Commercial Code and Civil Code apply, alongside any relevant specific provisions. Decision 486 of the Andean Community is relevant to industrial property and the protection of trade secrets, including operational know-how that meets the applicable requirements.

Good faith also matters: Article 863 of the Commercial Code requires it during pre-contractual dealings, and Article 871 requires it when entering into and performing a contract. The contract is therefore not your only protection, although it is essential for defining obligations and responsibilities.

There is no standard statutory package of training hours, visits or assistance. These terms need to be set out in writing. An association’s voluntary code is not equivalent to law; ask whether the franchisor follows it and what effect it will have under the agreement.

2. Check that the know-how can be transferred

It is not enough for the franchisor to run its own outlets well. It must be able to teach an independent business owner and their team how to replicate the essential procedures.

Request the following, under a confidentiality agreement where appropriate:

• The contents page of the operations manual and a sample that lets you assess its clarity.
• The initial training programme, including its objectives, who will deliver it and the teaching methods used.
• The criteria used to check that staff are ready for opening.
• An explanation of how updates are communicated and taught.

It will not always be reasonable to expect access to all operational secrets before signing. A supervised review or limited access may be agreed instead. The important thing is not to confuse the protection of confidential information with a lack of evidence about the promised training.

Speak to existing franchisees too. Ask what they learnt before opening, what they had to work out for themselves and how the support team responded to a specific difficulty. Request recent examples, rather than just general comments about satisfaction.

3. Set out the training in a schedule to the contract

A phrase such as ‘adequate training will be provided’ leaves too much room for interpretation. Propose a schedule specifying the content, participants, delivery format, location, duration and timetable. Clarify whether the training covers the owner, the manager and operational staff.

Also define who pays for travel, accommodation, materials, reassessments and training required because of staff turnover. The aim is not to calculate the entire investment, but to avoid a service that appears to be included becoming conditional on charges that were not explained.

The schedule should answer three questions:

1. What will be provided? For example, practical training in procedures, access to the manual and operational exercises.
2. How will delivery be evidenced? Through attendance records, assessments and acknowledgements of receipt.
3. What happens if the team is not ready? Specify additional training, who is responsible and a procedure for reviewing the opening date.

Do not let a generic signed statement that ‘training has been received to the recipient’s satisfaction’ replace checks on what was actually taught.

4. Distinguish routine support from urgent assistance

Initial support and ongoing assistance are different services. Specify whether someone will be on site for the opening, for how long and in what role. For day-to-day operations, identify contact channels, availability and the people responsible.

Agree categories of incidents: a query about product displays does not need the same treatment as a fault that prevents sales from being recorded. Distinguish the initial response time from the estimated resolution time; replying to a message does not mean the problem has been solved.

Where technology providers or other third parties are involved, establish who coordinates the response and the limits of the franchisor’s support. Include a process for escalating unresolved cases to someone with decision-making authority.

5. Plan how to enforce what has been agreed

Ask an independent lawyer to check that the offer, the contract and its schedules are consistent. Essential promises should be expressly incorporated, particularly if the final document states that it supersedes previous discussions or proposals.

Agree how breaches will be notified, requests documented and opportunities given to remedy failures. Do not assume that a failure to provide support entitles you to withhold royalties: that decision requires a review of the contract and the legal circumstances.

Practical conclusion: before signing, prepare a list of every promised service, who is responsible, its deadline and the evidence that will demonstrate delivery. If any of these elements is missing, there is still an obligation to clarify.