Ongoing franchisee support in Venezuela: how to agree the terms

A business can perform well without being ready to support other operators. Before franchising in Venezuela, turn the promise of ‘ongoing support’ into a clearly defined service: named responsibilities, contact channels, service hours and limits. Ongoing support sustains the franchise network after opening; it should not depend on personal favours or be confused with running the franchisee’s outlet.

1. Define what support you can realistically provide

Ongoing support helps franchisees apply the business concept correctly throughout the contractual relationship. It differs from initial training: rather than teaching everything from scratch, it addresses queries, guides operational decisions and helps maintain consistency across the network.

Start by reviewing the queries that arise in your company-owned outlets. Identify which require brand-specific knowledge and which fall within each operator’s day-to-day management responsibilities. Use this information to prepare a support service catalogue covering:

• Service: guidance on processes, interpretation of standards or analysis of operational difficulties.
• Responsibility: the role responsible for handling the query and a deputy when that person is unavailable.
• Channel: the platform, email address or telephone line designated for each type of query.
• Coverage: service hours, remote or on-site support, and exclusions.
• Expected outcome: a recommendation, assessment, visit or referral to a specialist.

For example, you might include guidance on correcting a departure from the standard process for preparing a product. That does not mean taking responsibility for repairing equipment, recruiting staff or providing individual tax advice. Explain these distinctions before entering into an agreement: clear exclusions prevent expectations you cannot meet.

2. Set out the scope in the Venezuelan franchise agreement

Venezuela has no comprehensive franchise-specific law. A franchise agreement is an atypical commercial contract, meaning it is not a separately defined statutory contract type: its obligations fall primarily under the Commercial Code and, on a supplementary basis, the Civil Code. The Industrial Property Law is relevant to rights over trade marks and other distinctive signs. Tax, employment and other rules applicable to the business must also be observed.

The absence of a comprehensive law does not make support an open-ended obligation or allow either party to disregard the agreed terms. The written agreement should therefore specify the support offered and may include a services schedule. A Venezuelan lawyer should review both documents and check that they are consistent with the commercial proposal.

Make an explicit distinction between:

• Included support: services covered by the regular fees payable under the agreement.
• Additional services: exceptional work requiring a quotation and prior acceptance.
• Franchisee obligations: providing sufficient information, facilitating agreed visits and carrying out the actions for which they are responsible.

If a visit involves travel or accommodation costs, establish who pays and how those expenses are authorised. Avoid reserving the right to reduce all support unilaterally: any mechanism for updating the service must maintain consistency between what is offered, what is charged and what is agreed in the contract.

3. Organise support without promising immediate solutions

Providing a telephone number is not the same as having a support system. Every request needs a record, an assigned owner and a process for closing it. A simple tool may be enough, provided it lets you track what happened and what response the franchisee received.

Classify cases by their impact. A query about how products are presented does not require the same attention as a problem that prevents an outlet from operating. For situations involving health or safety, the procedure should include protective measures and referral to qualified professionals or the relevant authorities; the franchisor’s guidance is no substitute for their involvement.

Distinguish between the initial response time and the resolution time. You can commit to reviewing and classifying an issue within the agreed service hours, but resolving it may depend on further information or third parties. Do not promise round-the-clock availability if you lack the staff to provide it.

Before offering franchises, test the process using real queries from your outlets. Check whether the team can handle them alongside its other duties. Allow for follow-up time too: a single response does not always resolve the problem.

4. Document the support provided and improve the service

Keep a brief record for each request: outlet, date, problem, information received, guidance provided, person responsible and status. Record the action taken when closing the case, or the reason it remains outstanding.

Review recurring queries regularly. If several operators need the same clarification, an instruction may be ambiguous or a tool inadequate. Support should help improve the business model, not merely deal with urgent problems.

Monitor outstanding requests, response times and satisfaction with the guidance received. Do not confuse these indicators with a guarantee of profitability: supporting franchisees does not remove business risks or replace their own management.

Practical conclusion: before signing your first franchise agreement, prepare a support service catalogue, assign responsibilities and test it. Promise only the support you can deliver and document.