Growing a Franchise

How Do I Lower Franchisee Failure Rates in My System?
Franchise attorney Erin Pallas Gray shares why many franchisees struggle and what franchisors can do early to build stronger, more sustainable systems.

Growing a Franchise

Franchise attorney Erin Pallas Gray shares why many franchisees struggle and what franchisors can do early to build stronger, more sustainable systems.

Lowering franchisee failure rates starts well before a location opens. The strongest franchise systems are intentional about who they award territories to, how clearly they explain the business and how much support they provide once a franchisee signs on.
Erin Pallas Gray, franchise attorney and founder of Gray Legal, PLLC, has more than 17 years of experience exclusively representing franchisees and has reviewed hundreds of franchise agreements. From that vantage point, she has seen how easily new owners can underestimate the legal, financial and operational realities of franchising.
“One common reason franchisees struggle or fail is that they do not fully understand their contractual obligations, or the true nature of franchising, before signing the franchise agreement,” Gray said. “An essential point prospective franchisees must appreciate is that franchising depends on strict compliance with system standards.”
That misunderstanding can create problems quickly when a franchisee expects more flexibility than the model allows. Gray also pointed to capitalization as a common issue, noting that Item 7 estimates in the Franchise Disclosure Document are only estimates and actual costs may be higher depending on location, inflation, construction costs and other variables.
For franchisors, lowering franchisee failure rates requires discipline during recruitment. A fast-growing system can still create problems for itself if it awards territories before it has the infrastructure to help owners open and operate successfully.
“Franchisors can improve recruitment by prioritizing long-term fit and quality over quantity over rapid expansion,” Gray said. “Some franchisors focus too heavily on growth without first ensuring that they have the infrastructure, training, and support systems necessary to help their franchisees succeed.”
That approach also protects the system’s broader development story. When franchisees struggle, close or delay openings, those outcomes can show up in Item 20 of the FDD and become part of what future candidates review during due diligence.
Even well-qualified franchisees can struggle when the onboarding process does not prepare them for the realities of opening and running the business. This is especially true in brick-and-mortar systems, where owners may need help navigating site selection, broker relationships, letters of intent, demographics, build-outs and opening procedures.
“Inadequate training often leads to franchisee dissatisfaction, operational mistakes, and underperformance,” Gray said. “Franchisors should have sufficient support staff and established processes to assist franchisees with early-stage issues such as site selection, facilitating connections with local brokers, assisting with letters of intent, analyzing demographics, providing advice with respect to build-outs, and ensuring opening is successful with sufficient training.”
Franchisors should also be clear about the time commitment required. Gray noted that some systems are marketed as semi-absentee opportunities when the business may require far more involvement in practice, leaving underprepared owners more likely to underperform.
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