Technical assistance in franchising: how to agree terms in Mexico

When franchising an established business, it is easy to promise ‘ongoing support’; delivering it takes people, processes and resources. Before bringing your first franchisee on board, define what assistance you can provide and how it will be set out in the agreement. Support that can be verified protects operations and strengthens trust across the franchise network.

1. Distinguish legal obligations from commercial promises

In Mexico, franchising is expressly regulated by the Federal Law on the Protection of Industrial Property (LFPPI). Article 245 links a written licence to use a trade mark with the transfer of technical knowledge or the provision of technical assistance, so that operations follow the trade mark owner’s methods consistently.

Article 246 requires the agreement to be in writing and to include, among other things, details of technical and operational training for the franchisee’s staff and how the franchisor will provide technical assistance. It also covers criteria and procedures for supervision, reporting, assessment and the rating of performance and service quality.

This does not mean that the law requires monthly visits, round-the-clock support or a standard number of training courses. The specific scope must be defined and documented, without presenting your own commercial decisions as general legal obligations.

Article 245 also requires information on the state of the business to be provided at least thirty days before the agreement is entered into. Support offered at that stage must be consistent with the terms ultimately agreed. Legal review should cover both the agreement and sales presentations.

2. Turn your experience into a catalogue of support services

Start by identifying the queries the founder currently handles: equipment failures, stock questions, training for replacement staff or customer complaints. If everything depends on the founder, you still need a support structure capable of serving several outlets.

Organise support around three stages:

• Before opening: initial training, a review of preparations and guidance on the processes needed to begin trading.
• During opening: on-site or remote support, checks on implementation and resolution of early issues.
• During ongoing operations: refresher training, technical advice and follow-up on recurring departures from operating standards.

For each activity, record who provides it, who receives it, how it is delivered, its duration or frequency, and the evidence that it has been delivered. Also distinguish between included support and additional services, specifying how any charges will be authorised.

For example, ‘initial training’ is not specific enough. Set out which staff roles will take part, the content, the assessment method and how absences or the need to repeat sessions will be handled. Do not promise unlimited tailoring if you can only offer a standard programme.

3. Agree how support is requested and delivered

The agreement can be supported by a clearly identified technical assistance schedule. This should describe a straightforward procedure, not a set of aspirations.

Include at least:

• Contact channel: the designated email address, platform or telephone number for logging requests.
• Support hours: the days support is available and how out-of-hours queries will be handled.
• Priorities: criteria for distinguishing an operational interruption from a routine query.
• Initial response: the agreed time limit for acknowledging receipt and beginning diagnosis.
• Escalation: the person responsible for stepping in when the first point of contact cannot resolve the issue.
• Closure: evidence of the resolution or an explanation of the next steps.

Distinguish response time from resolution time. You can commit to investigating a breakdown within a specified period without guaranteeing the arrival of a spare part supplied by an external provider.

Also set out the franchisee’s obligations: providing information, allowing authorised access and implementing corrective measures. Technical assistance does not replace the franchisee’s responsibility for managing the outlet or meeting their own legal obligations.

4. Test your capacity and document delivery

Before signing, simulate simultaneous requests from several outlets. Calculate the training, travel, diagnostic and follow-up hours these would require. Compare that workload with the team’s actual availability, rather than relying solely on the founder’s experience.

Keep a record of requests, responsible staff, responses and agreed actions. During visits, separate two functions: providing support for improvement and monitoring compliance. If a visit will serve both purposes, make this clear and document the findings separately.

Define how the service will be reviewed and how contractual changes may be agreed. Avoid using operational updates to reduce agreed support unilaterally. A lawyer with franchise experience should check that the obligations, schedules and amendment procedures are consistent.

Practical conclusion: before offering your franchise, prepare a summary sheet for each promised support service: scope, responsible person, contact channel, timeframe, cost and evidence of delivery. If you cannot complete that sheet or deliver what it sets out, adjust the promise before including it in the agreement.