Buying a franchise: assessing support after opening

Initial training prepares you for opening, but it does not resolve every difficulty that arises once the business is running. Before joining a franchise network in Portugal, assess the support the franchisor commits to providing while you operate the business. The phrase ‘ongoing support’ only helps you make a decision when it means specific services, named responsibilities and clear terms.

1. Turn ‘ongoing support’ into specific tasks

Start by separating operational support from sales, marketing and technical services. A visit to improve how your outlet is organised is not the same as help with an IT failure or advice on a local campaign.

Ask for a description of the support available after opening, organised by need:

• Day-to-day operations: clarification of procedures, work organisation and help with recurring difficulties.
• Outlet management: performance analysis and suggestions for improvement, without treating advice as a guarantee of results.
• Systems: support for mandatory tools and referral of problems to the relevant suppliers.
• Sales and marketing: guidance on local initiatives and the use of materials supplied by the franchisor.

For each service, establish who provides it, in what circumstances and how often. Distinguish regular commitments from assistance that depends on a request, availability or prior approval.

The key is to understand what support you are actually entitled to, rather than simply what the franchisor usually offers on its own initiative. If support relies on an external provider, confirm who receives the request and who follows it through to resolution.

2. Check whether the support arrangements suit your operation

A support service may exist without being available when your outlet needs it most. Compare its opening hours with the days and times you expect to operate. Ask how incidents outside those hours are handled and whether there is an alternative contact for urgent situations.

Ask for a clear distinction between three stages: receipt of the request, the first substantive response and resolution. An automated acknowledgement does not mean someone has assessed the problem. Nor should you interpret a response deadline as a promise to resolve the issue within the same period.

Test the process using simple scenarios: the sales system stops working; an operating instruction can be interpreted in two ways; a recurring problem requires a visit to the outlet. For each scenario, ask:

• Which channel should you use to request help?
• What information should you include in the request?
• Who decides its priority?
• Who can you turn to if there is no response?

Request a demonstration of the support channel and an anonymised example showing how a request is handled. The aim is not to learn about other franchisees’ problems, but to check that there is a usable, documented process.

3. Separate included support from chargeable services

Do not assume that every service presented is covered by your recurring fees. Ask for a list distinguishing included support, optional services and assistance that becomes chargeable under specified conditions.

Pay particular attention to travel, accommodation, additional visits, out-of-hours support and external technical services. Where charges apply, establish how they are calculated, who authorises the work and what supporting documentation accompanies the invoice.

A suggested improvement may involve costs for your outlet even if the advice itself is free. Ask whether following a recommendation requires you to engage suppliers or purchase additional services, and who decides whether to do so.

Also record the limits of the support provided. The franchisor’s assistance does not necessarily replace the services of a certified accountant, a solicitor or other professionals your business may need. Knowing where that assistance ends allows you to arrange your own resources and avoids a false sense that everything is covered.

4. Confirm the commitments and legal framework

Portugal has no specific law governing franchise agreements, no mandatory dedicated register of franchisors and no pre-contractual disclosure document with legally standardised content. There is therefore no uniform package of support guaranteed to all franchisees through such requirements.

The general rules of the Portuguese Civil Code apply, including freedom of contract under Article 405 and good faith in negotiations and performance under Articles 227 and 762. Where standard contract terms are used, Decree-Law No. 446/85, as amended, is also relevant, particularly its provisions on communicating and explaining terms and on prohibited clauses.

Ask for essential support commitments to be included in the agreement or a binding annex. A sales presentation should not take the place of clearly defined obligations. Seek legal review of wording that leaves all support entirely at the franchisor’s discretion. Failure to provide support may have legal consequences, but these depend on the obligations undertaken and the specific circumstances.

Practical conclusion: before signing, make sure you can identify the support included, who is responsible, the contact channel, agreed timescales and any additional costs. If any of these points remain unanswered, clarify them before investing.