Ongoing franchise support: what to ask for before you buy

Buying a franchise means running an independent business, but also joining a network that provides ongoing support. Problems arise when ‘ongoing support’ means something different to each party. Before investing, check what help you will receive after opening, who will provide it and how it will be documented. A head office that is easy to reach during the sales process does not, on its own, prove that it can support you throughout the relationship.

1. Distinguish ongoing support from initial training

Initial training prepares the franchisee to get started. Ongoing support should help them put the business model into practice and deal with operational questions throughout the contract term. These are not interchangeable services: providing a course and a manual does not explain how an issue will be handled months later.

In Spain, Article 62 of Law 7/1996 on the Regulation of Retail Trade and Royal Decree 201/2010 govern specific aspects of franchising. The latter includes commercial support, technical support or both throughout the agreement’s term in its definition of franchising, without prejudice to the franchisor’s supervisory powers.

Article 3 of the Royal Decree also requires written disclosure of the nature of that ongoing support. Pre-contractual information must be provided at least twenty working days before you sign the contract or a preliminary agreement, or make any payment to the franchisor.

The legislation does not set a universal frequency for visits or a single response deadline. These details need to be specified in the agreement. Nor does it make the franchisor responsible for running your business or guarantee your results.

2. Check who will actually provide the service

Ask for an organisational chart showing the functions within head office and find out which team supports existing outlets. You do not need unnecessary personal details: you need to understand roles, availability and cover arrangements.

Ask specific questions:

• Will you have a designated contact, or will your enquiries go into a shared queue?
• Which matters will that contact handle, and which will they refer to specialists?
• Who will cover holidays, absences or staff changes?
• How many outlets does the team support, and how does it organise visits?
• Which parts of the support service are delivered by external providers?

There is no adviser-to-outlet ratio that guarantees good service. Whether staffing is adequate depends on the complexity of the business, how geographically dispersed the outlets are and the channels available. Ask how service levels will be maintained as the network grows.

Request a demonstration of the enquiry-handling process and anonymised examples of follow-up reports. Then check with current franchisees how a recent issue was resolved: who responded, what they proposed and when the matter was closed. A specific experience tells you more than a general satisfaction rating.

3. Set out services, costs and limits in writing

It is sensible to add a support schedule to the contract, distinguishing between included services, optional services and tasks that are solely the franchisee’s responsibility. Avoid relying on a sales presentation that does not form part of the contractual documents.

For each service, define the following:

• Scope: operational enquiries, business performance analysis, follow-up visits or commercial advice, depending on what is offered.
• Channel and hours: telephone, enquiry platform, video call or in-person support, with clearly defined availability.
• Frequency: how often reviews take place and the circumstances in which additional support can be requested.
• Responsibility: the team in charge and the escalation procedure for unresolved enquiries.
• Cost: whether the service is included in regular fees or charged separately, including travel and subsistence expenses where applicable.

Also distinguish between the deadline for acknowledging an enquiry and the deadline for providing a useful response. A final resolution may depend on third parties, but the contract can specify how progress will be reported and what interim measures will be proposed.

Clarify whether visits are intended to provide advice, check compliance with the business model or both. If they serve both purposes, ask for reports to separate support recommendations from identified breaches. This will help you establish what each party needs to put right.

4. Plan for what happens if support falls short

Before signing, discuss with a lawyer how requests will be documented and what procedure will apply if failures recur. It is useful to agree on a formal complaints channel, who will review complaints and a timeframe for putting matters right that is appropriate to the problem.

The consequences of a breach will depend on its seriousness, the contract and the general legal rules that apply, including Spain’s Civil Code. A late response does not automatically entitle you to stop paying fees or terminate the agreement. Acting unilaterally could put you in breach yourself.

Keep requests, responses and visit reports. If head office changes its organisational structure, check that it continues to deliver the services it has committed to: what matters is not always having the same adviser, but receiving the agreed support.

Practical takeaway: before buying, ask for a contractual description of the support, verify that there is a team capable of providing it and test the enquiry-handling process. If you cannot explain who will help you, with which matters and at what cost, an essential part of the arrangement still needs clarifying.