Buying a franchise: assessing initial training

Initial training is one way of passing on the knowledge needed to join a franchise network. But the phrase ‘training included’ does not explain what you will learn, who can attend or which expenses you will have to cover. Before buying a franchise in Portugal, turn that promise into a clear commitment suited to your experience and the tasks you will need to perform.

1. Ask for a programme linked to day-to-day work

Start by requesting the training programme, including its content, duration, format and intended participants. A sales presentation about the brand is no substitute for preparation to run an outlet, serve customers or use its operating systems.

Compare the programme with your needs. If you have never run a business, learning only how to deliver the service may leave significant gaps. If you already know the sector well, you may mainly need to learn the brand’s specific methods and procedures.

Ask for written answers to these questions:

• What tasks should you be able to carry out by the end?
• How much time will be devoted to supervised practice?
• Does training take place at an operating outlet, in a classroom or remotely?
• Who are the trainers, and what experience do they have in the roles they teach?
• What materials will you be able to consult after the sessions?
• Will there be an opportunity to ask questions after training?

If possible, request a sample timetable and examples of any materials that can be shared. The aim is not to obtain all the brand’s confidential know-how in advance, but to understand whether the teaching approach matches the skills promised.

Distinguish attendance from learning: attending sessions does not, in itself, demonstrate an ability to apply procedures without supervision.

2. Establish the full cost and who can attend

Even when training is covered by the initial fee, some expenses may fall to the franchisee. Ask for a separate breakdown rather than assuming that ‘included’ means no additional costs.

Check who pays for travel, accommodation, meals, materials and any extra sessions. If employees attend, also consider their pay and working-time arrangements, seeking professional advice where necessary.

Confirm how many people are covered and whether training differs for the owner, manager and other participants. Also ask what happens if a trained person leaves before opening: can someone else take their place without an additional fee? Will the brand provide another session? On what terms?

Prepare a table with four columns: component, people covered, cost and who pays. Separate confirmed amounts from expenses that have yet to be established.

Do not focus solely on price. Face-to-face training a long way from your future outlet may require a time commitment that is difficult to reconcile with other responsibilities. Ask for the planned schedule, location and rules on changes or cancellations before incurring travel expenses.

3. Clarify assessments and the consequences of failing

Some franchise offers may make successful completion of training conditional on passing an assessment. If so, find out the rules before signing, not just when you receive the first test.

Ask about the pass criteria, who conducts the assessment and how results are communicated. Confirm whether it assesses knowledge, practical performance or both, and whether there will be a written record of any skills that still need developing.

The contract should explain what happens if someone does not pass. Seek clarity on:

• Whether training or assessments can be repeated, and on what terms.
• Any additional support provided by the brand.
• The cost of further sessions and how it is calculated.
• Whether you can provide clarification or request a review of the result.
• The implications for permission to start trading and for payments already made.

Do not assume that failing automatically entitles you to recover your investment, or that it gives the brand unrestricted freedom to end the relationship. The consequences depend on the contract, the validity of its terms and the particular circumstances.

A useful question is: if I meet the attendance requirements but fail to demonstrate a particular skill, what happens next? A vague answer leaves a significant risk unresolved.

4. Put the promise into the contract, in line with Portuguese law

Portugal has no specific law governing franchise agreements, dedicated register of franchisors or pre-contractual disclosure document with legally prescribed content for franchise relationships.

The general rules of the Portuguese Civil Code apply, including freedom of contract under Article 405 and good faith in negotiations and the performance of obligations under Articles 227 and 762. This framework does not prescribe a universal initial training programme for all brands.

Where standard contract terms are used, Decree-Law No. 446/85, as amended, is also relevant. Articles 5 and 6 set out duties to communicate those terms and provide information about them.

Ask for the essential training commitments to be included in the contract or a signed annex. Distinguish firm obligations from optional services or those subject to availability, and refer any ambiguities to a lawyer.

Practical conclusion: before signing, confirm what you will learn, who will attend, how much it costs and what happens if someone does not pass. Insist on answers clear enough to let you plan the training without relying on verbal promises.