Buying a franchise: how to secure training and operational support

When you join a franchise network, you are not just buying the right to use an established brand. You will often also expect training and readily available help with running the business day to day. Yet the phrase “we provide ongoing support” does not tell you who will help, with what or when. Before signing, check that the offer includes specific services suited to your experience and the needs of your future outlet.

1. Turn promises of support into specific commitments

The Czech Republic has no dedicated franchise legislation. A franchise agreement is generally entered into as an unnamed contract under Section 1746(2) of Act No. 89/2012 Coll., the Civil Code. General contract law applies, along with rules governing matters such as licensing and other agreed services or obligations, depending on the agreement’s content. The law does not, however, prescribe a minimum number of training sessions or adviser visits.

Nor is there a specific statutory pre-contractual disclosure document for franchises with prescribed content and a standard deadline for delivery. The Civil Code’s general pre-contractual disclosure duties apply, but they are no substitute for precise terms governing future support. The European Code of Ethics for Franchising is not law. Its relevance depends, for example, on obligations arising from association membership or its incorporation into the contractual relationship.

What matters is what the franchisor actually commits to providing. Divide support into at least three categories: initial training, help with opening the business and ongoing advice. For each item, specify who will provide it, who will receive it, its scope, timing and cost. Also distinguish between advice and doing the work: guidance on preparing a staff rota is not the same as preparing it for you.

2. Check the content and terms of initial training

Ask for a syllabus, a sample timetable and a description of the practical element. Training should suit each person’s role. Owners need to understand outlet management and business finances, managers need to understand day-to-day processes, and employees need to learn their individual tasks. Giving everyone the same presentation may not meet these needs.

Before signing, obtain written answers to the following questions in particular:

• How many people can attend the training, and in what language is it delivered?
• Which part is practical, and who leads it?
• Where does the training take place, and who provides the necessary materials and equipment?
• How are skills assessed, and who decides the outcome?
• What happens if a participant is ill or fails the assessment?
• How will a replacement manager or employees recruited later be trained?

If successful completion is a condition of operating independently, the criteria must be clear in advance. Negotiate opportunities for additional training and reassessment, along with rules on who pays. A vague requirement to meet “head office’s satisfaction” leaves the outcome too uncertain.

Also review sample training materials or ask to see a sample lesson. The aim is not to obtain all the know-how before buying, but to check whether the teaching approach meets your needs. Access to videos alone may not replace hands-on practice in dealing with customers or using equipment.

3. Check that help will be available after training

The initial course comes to an end; operational questions do not. Find out who your contact will be, what practical experience they have and who will cover for them. Also ask how many outlets the same support team serves. There is no universally right number; what matters is whether the promised level of support matches the team’s capacity.

In the agreement or a binding schedule, distinguish between routine enquiries, urgent operational problems and scheduled visits. Specify contact channels, support hours and the time allowed for an initial substantive response. Acknowledging a message is not the same as resolving a problem. Where a result cannot be guaranteed within a fixed period, you can at least agree on a procedure, a responsible person and regular progress updates.

Also clarify the difference between support and inspection. A visit focused solely on checking compliance with standards may not include the advice you expect. For advisory visits, agree on a brief written record covering the problem identified, recommended steps, who is responsible and a date for reviewing progress.

Remember that franchisees trade in their own name, for their own account and at their own risk. Head office support does not automatically guarantee a profit or transfer responsibility for their decisions to the franchisor.

4. Calculate the full cost and agree on remedies

Alongside training fees, include travel, accommodation, participants’ wages and any cover required while they are away. Find out whether the initial franchise fee covers only the first group or also subsequent training. For ongoing support, distinguish services included in the recurring fee from chargeable visits and individual consultations.

Agree in advance on what happens if promised training or support is not provided. Practical terms might include written notice of the shortcoming, a deadline for putting it right, an alternative date and, where agreed, a fee reduction. Keep service orders, attendance records, visit reports and correspondence about outstanding requests. Without this evidence, it can be difficult to prove a specific failure to deliver.

Do not simply stop making payments. Your rights following a breach of contract depend on its wording, the nature of the obligation and the circumstances; ask a lawyer to assess the appropriate course of action.

Practical takeaway: Before signing, prepare a one-page summary of the support: what you will receive, from whom, when, at what cost and what happens if it is not delivered. If the franchisor cannot confirm it, you do not yet have a sufficiently clear picture of the service you are buying.