How to coordinate your first franchise opening in Spain

The first opening managed by a franchisee tests something other than the business’s profitability: the ability of two independent companies to deliver a project together. Before expanding your franchise network, turn that opening into a process with clear deliverables, responsibilities and documented decisions. The aim is not to open as quickly as possible, but to avoid commitments that no one can fulfil.

1. Build the schedule around dependencies

Do not start by announcing an opening date. First, identify what must be completed before the next task can begin. Setting up the point-of-sale system, for example, may depend on having an internet connection, equipment and the franchisee’s tax details in place.

Prepare a shared schedule that records the following for each milestone:

• Expected outcome: what must be ready, described in terms that can be checked.
• Responsibility: who carries out the task and who confirms its completion.
• Dependencies: which earlier deliverables it relies on.
• Evidence: how completion will be demonstrated.
• Contingency: what happens if it is not ready on time.

Avoid vague tasks such as ‘prepare for opening’. Replace them with specific deliverables: equipment installed, initial stock received, system access activated or staff rotas arranged.

Also distinguish between a target date and a confirmed date. The former helps with coordination; the latter allows you to commit to advertising, bookings or opening events. Confusing the two can turn an internal delay into a problem for customers.

2. Allocate obligations before committing resources

The opening plan should not be separate from the contract. If the franchisor promises on-site support, installation of tools or launch materials, specify the scope: what is included, who provides it, for how long and which costs each party covers.

In Spain, the specific legal framework for franchising includes Article 62 of Law 7/1996 on the Regulation of Retail Trade and Royal Decree 201/2010 of 26 February. The latter identifies the transfer of know-how and the provision of commercial or technical assistance, or both, throughout the agreement as elements of a franchise. It does not, however, set a universal opening timetable or a mandatory number of days of on-site support.

It is therefore advisable to include the start-up obligations in the contract or an annex. Also define what the franchisee must provide so that the franchisor can fulfil its own obligations. A technical visit is of little use if the equipment is not yet available.

These terms must be consistent with the pre-contractual information. The Royal Decree requires this information to be provided in writing, truthfully and without misleading statements, at least twenty working days before the franchise contract or preliminary agreement is signed, or before the prospective franchisee makes any payment to the franchisor. Do not use an opening reservation fee to collect payments before that period has elapsed.

3. Require an explicit decision to open

When everything seems almost ready, the pressure to open increases. To avoid improvised decisions, agree in advance who will assess readiness and which issues will require a postponement.

You can organise the review into three categories:

• Critical blockers: a condition needed to operate legally or safely has not been met. The opening must wait.
• Significant operational failures: an essential process, such as taking payments or delivering the service properly, is not working. These must be resolved or covered by a viable, agreed alternative.
• Minor outstanding items: details that do not compromise operations and can be corrected at a later agreed date.

Carry out a complete trial run before welcoming customers: from the request for a product or service through to payment and handling a problem. This is not about testing the business model again, but checking that this particular outlet is ready to operate.

Record the decision in a brief written report listing outstanding items, the people responsible and their deadlines. The franchisor’s approval does not replace the necessary permits and authorisations or remove the franchisee’s own responsibilities.

4. Agree how to manage delays and close out the launch

The contract and schedule should allow you to answer an uncomfortable question: what happens if the opening does not take place on time? Distinguish between delays attributable to the franchisor, the franchisee and third parties, without assuming that they all have the same consequences.

Establish a procedure for notification, documentation and rescheduling. Clarify how additional costs, repeat visits or campaign changes will be approved. Any penalty clause requires legal review of both its wording and how it fits within the agreement.

After opening, review the start-up issues and formally close out any outstanding tasks. This will help prevent the additional launch support from being confused with the routine assistance provided under the contract.

In practice: before setting the opening date, prepare a dependency-based schedule, a signed allocation of obligations and a list of issues that would prevent opening. These are three straightforward tools for turning the first opening into a repeatable process.