Franchise support: what to agree before signing the contract

Joining a franchise network gives you more than the right to use a brand: it also provides access to expertise and assistance. Yet a promise of “full support” does not tell you who will help you launch your outlet, how quickly they will respond to a query or what will cost extra. Before buying a franchise, turn recruitment promises into specific commitments. This is particularly important if you are still learning how to run this type of business.

1. Distinguish promises of support from legal obligations

Poland has no standalone legislation comprehensively regulating franchising. A franchise agreement is an “unnamed contract”, meaning it is not a separately defined contract type under Polish law. It is entered into primarily under the principle of freedom of contract set out in Article 353¹ of the Polish Civil Code. Its terms and purpose must not conflict with the nature of the legal relationship, statutory law or the principles of social coexistence. General rules on the performance of obligations and liability for breaches also apply.

There is no specific statutory list of training courses or advisory services to which every franchisee is entitled. Nor is there a general statutory requirement to provide a special disclosure document before a franchise agreement is signed, or a prescribed period for reviewing it. Voluntary codes of good practice do not replace the law; check whether the franchisor has committed to following them.

For this reason, the scope of support should be set out in the agreement or a clearly identified schedule. A sales presentation may have evidential value, but it is no substitute for precise terms. If the person recruiting franchisees promises that a team will be present for the opening, ask for the number of days, the tasks involved and the arrangements for covering costs to be put in writing.

2. Agree the training programme and the criteria for opening

The phrase “initial training” alone leaves too many questions unanswered. The programme should reflect the responsibilities you will actually take on: customer service, staff management, using systems, financial administration and quality control. Distinguish between training for the owner and training for employees.

Before signing the agreement, establish:

• who will attend the training and how many people the basic fee covers;
• how much of the training is practical and how much is delivered remotely;
• where and when the training takes place, and who supplies the materials;
• whether skills will be assessed and what the pass criteria are;
• who pays for repeat training and for training new employees.

The link between training and permission to open is also important. If the franchisor can delay the launch, the readiness criteria should be objective and known in advance. Agree how any shortcomings will be reported, the deadline for addressing them and when a reassessment will take place.

Also plan for the possibility that the training organiser causes a delay. The agreement should specify how this affects the opening timetable and the date from which fees become payable. Do not assume that deadlines will move automatically.

3. Make ongoing support measurable

Your needs will change once the business is open. Rather than a general promise of “ongoing support”, you need clear arrangements for access to an adviser, handling system failures and keeping your knowledge up to date. A good description of support identifies the responsible person or team, contact channels, service hours and the process for escalating problems.

The time to a first response is not the time to a resolution. An acknowledgement of your report is of little help when your sales system is down. Set separate expectations for the initial response, the provision of a workaround and updates on progress towards a fix. For problems involving external suppliers, agree at least what the franchisor must do to coordinate the response.

It helps to distinguish between critical incidents, issues that disrupt work and routine operational questions. Being unable to process sales, for example, calls for a different procedure from a discussion about product displays. Negotiate specific timescales that reflect your outlet’s opening hours.

Check the purpose of visits from your dedicated adviser, too. Checking compliance with standards is not the same as providing advice. Agree whether a visit will be followed by recommendations, an action plan and an opportunity to discuss the findings, rather than simply a list of shortcomings.

4. Check the cost of support and whether it is genuinely available

Ask for a breakdown of services covered by the initial fee, those covered by ongoing fees and those charged separately. Take account not only of the trainer’s fees, but also travel, accommodation, additional licences and the working time of those attending training.

Check whether there are any limits on how often mandatory follow-up training can be required, and who sets its price. It is worth agreeing rules for price changes, advance notice and which services cannot be reduced unilaterally through an update to the operations manual.

Also assess the support team’s capacity. Ask how cover is arranged when staff are unavailable and what help is offered outside normal working hours. Speak to existing members of the franchise network: ask for examples of problems that have been resolved, rather than just a general view of the relationship. Do not expect access to other business owners’ confidential support requests.

5. Agree what happens when support falls short

The agreement should set out how to report a failure to provide support, the deadline for putting it right and the next steps if it remains unresolved. You may be able to negotiate additional training at no charge, a replacement adviser or an appropriate financial adjustment for a service not delivered. However, these are not automatic entitlements arising simply from being part of a franchise.

Article 471 of the Polish Civil Code provides the general basis for liability for loss resulting from failure to perform an obligation, or improper performance, subject to the statutory conditions and circumstances that exempt a party from liability. Dissatisfaction with support does not, on its own, establish a right to compensation. Keep records of support requests, replies and evidence of the problem’s impact. Do not withhold fees on your own initiative without first assessing the legal grounds.

Practical takeaway: before signing, draw up a table listing each service, who is responsible, the deadline, the cost and the consequences of non-performance. If you cannot fill it in using the agreement, the scope of support needs to be clarified.