Technical support for franchises: what to agree in Mexico

A franchise may offer a recognised brand and good manuals, but what happens when a problem arises that your team cannot solve? Before you buy, turn the promise of “ongoing support” into commitments you can verify. A strong franchise relationship requires clarity about who will help, through which channels and with what scope during day-to-day operations.

1. Distinguish technical support from training

Training teaches you how to operate the business model; technical support helps you apply that knowledge and resolve difficulties while the business is running. An initial course, however comprehensive, does not necessarily replace support when your point-of-sale system fails, processes go off track or a quality problem keeps recurring.

In Mexico, the Federal Law on the Protection of Industrial Property (LFPPI) specifically regulates franchising. Article 245 links this business arrangement to a written trade mark licence and the transfer of technical knowledge or provision of technical assistance to ensure uniform operations.

Article 246 also requires the agreement to be in writing and to include the details of technical and operational training, as well as the method or manner in which the franchisor will provide technical assistance. This does not mean that the law guarantees an immediate response, unlimited visits or round-the-clock availability: those details must be set out in your agreement.

The franchisor must also provide information about the state of its business at least thirty days before the agreement is signed. The pre-contractual disclosure document, known as the Circular de Oferta de Franquicia (COF), must describe the type of technical assistance offered. Compare that description with the agreement and its annexes: sales promises should not be disconnected from the obligations you sign up to.

2. Turn promised support into a clearly defined service

Ask for a technical support annex that explains how assistance will work once you open. Simply stating that you will have access to an adviser or a platform is not enough.

At a minimum, clarify the following:

• Scope: the operational processes, equipment, systems, quality issues and other matters the franchisor will cover.
• Channels: telephone, a support ticket platform, email or on-site visits.
• Availability: days, hours and the procedure for out-of-hours emergencies.
• Responsibilities: who receives the request and who can authorise a solution.
• Timescales: deadlines for responding, diagnosing the problem and proposing action, according to its severity.
• Follow-up: how the incident is documented and who confirms that it is closed.

Distinguish between a response and a resolution. An automated acknowledgement is not the same as restoring operations. Nor would it be reasonable to expect the franchisor to resolve every problem beyond its control immediately; you can, however, ask for a procedure covering diagnosis, communication and escalation.

Put forward a specific scenario: the payment system stops working during a busy trading day. Ask who steps in, what alternative arrangements are authorised and how support is coordinated when an external supplier is involved.

3. Identify costs and limits before drawing up your budget

Do not assume that all support is included in your regular payments. Request a written breakdown of included services, additional services and expenses that may be passed on to you.

Pay particular attention to extra visits, travel and subsistence expenses, out-of-hours support, equipment servicing and system recovery. For each item, ask for the price or calculation method, the circumstances that trigger a charge and the procedure for prior authorisation.

Clarify exclusions too. If the franchisor attributes a fault to incorrect use of equipment, how is that cause established? Who documents the diagnosis? Can you request a review before accepting the charge?

Separate the responsibilities of the franchisor, the technology supplier and your own team. This helps prevent an incident being passed from one party to another without anyone addressing it. Include potential charges in your budget as identified contingencies, rather than treating them as either certain costs or costs that will never arise.

4. Agree how to verify that commitments are met

Before signing, request a demonstration of the support channel and an anonymised example of how incidents are tracked. Look for evidence of a workable procedure, not access to other businesses’ confidential information.

Agree that every request should have a date, a person responsible, proposed actions and a closure record. If a problem recurs, it is worth providing for a review of its causes and a corrective action plan, rather than simply opening another ticket.

Ask a lawyer to check that the agreement, support annex and manuals are consistent. In particular, establish whether the support terms can change and through what procedure. Essential commitments should not rest solely on a sales presentation.

Practical takeaway: before buying, insist on clarity about scope, hours, responsibilities, timescales, costs and follow-up. If you cannot explain how you will get help when a real problem occurs, an important part of your purchase still needs to be defined.