Thomas, IIIAssistant Administrator, OSDBU National Aeronautics and Space Steven Van Rees, Contact Person, OSDBU Office of Personnel Management Simon Woodard, Director, OSDBU Corporation
Trang 1Irish Franchise Association
13 Frankfield Terrace, Summerhill
South Cork, Ireland
Attn: John Neenan, Director
Italian Franchise Association
Corso di Porta Nuova, 3
Malaysian Franchise Association
Lot 8 Plaza Putra dataran, Merdeka, Jalan Raja
Kuala Lumpur 50050, Malaysia
Attn: Dr Ishak B Che Long, Director
Trang 2(60) 3-294-7055 (Tel)
(60) 3-294-7033 (Fax)
Kazakhstan Francise Association
Andrey Zahrov Kazaf @mail.ru
Mexican Franchise Association
Insurgentes Sur 1783, 303, Col Guadalupe Inn
Netherlands Franchise Association
Mr Andre W.M Brouwer, Managing Director
Associacao Portuguesa Da Franchise
Mr Raoul Neves, President
Rua Viriato, 25-3
1050-234 Lisboa, Portugal
(35) 121-319-2938 (Tel)
(35) 121-319-2939 (Fax)
Romanian Franchise Association
Calea Victorieri Nr 95, Et 4, Ap 16, Sect 1
Bucharest, Romania
Attn: Violeta Popovici, Chief Executive
(401) 3126889/6180186 (Tel)
(401) 3126890 (Fax)
Trang 3Stiles & Riabokobylko Russian Real Estate
Stiles & Riabokobylko Ltd.
Russian Franchise Association
2nd Proezd Perova Poly
Singapore International Franchise Association
Robert Leong, Chairman
Franchise Association of Southern Africa
Kenlaw House, 27 De Beer Street, P.O Box 31708
Braamfontein, 2017 South Africa
Attn: Jack Barber, Executive Director
(27) 11-4033468 (Tel)
(27) 11-4031279 (Fax)
Swedish Franchise Association
Ms Karin Ericsson, Managing Director
Swiss Franchise Association
Christopher Wildhaber, Managing Director
Trang 4UFRAD—Turkish Franchising Association
Istiklal Cad No: 65, Emgen Han, 80600 Beyoglu
Istanbul, Turkey
Attn: Temel Sahingiray, Chairman
(90) 212-252-5561 (Tel)
(90) 212-252-5561 (Fax)
Ukrainian Franchise Association
Mark G Zarkhin, President and Founder
International Franchise Association
1350 New York Avenue, N.W.
OSDBU Directors
Cabinet Agencies
Frank Ramos, Director, OSDBU
Department of Defense
Trang 5The Pentagon, Room 2A338
Washington, DC 20301-3061
Telephone: (703) 588-8631
Fax: (703) 588-7561
www.acq.osd.mil/sadbu
Joseph Diamond, Director, OSDBU
Department of the Air Force
Tracey L Pinson, Director, OSDBU
Department of the Army
106 Army Pentagon, Room 2A712
5810 Washington, DC 20310-0106
Telephone: (703) 697-7753
Fax: (703) 693-3898
Thomas D Ray, Director, OSDBU
Defense Logistics Agency
8725 John J Kingman Road, Suite 1127
Paulette Widmann, Deputy Director, OSDBU, UNSECNAV
Department of the Navy
720 Kennon Street, SE— 207
14th & Independence Avenue, SW
Room 1566, South Building
Washington, DC 20250-9501
Telephone: (202) 720-7117
Fax: (202) 720-3001
www.usda.gov/da/smallbus.html
Trang 6T J Garcia, Director, OSDBU
Debbie Ridgley, Director, OSDBU
Department of Health and
A Jo Baylor, Acting Director, OSDBU
Department of Housing and
Robert W Faithful, IV, Director, OSDBU
Department of the Interior
1849 & C Street, NW, Room 5070
Trang 8Other Independent Agencies
Marilyn S Marton, Director, OSDBU
Agency for International Development
1300 Penn Avenue, NW, Room 7.8-E
Washington, DC 20523
Telephone: (202) 712-1500
Fax: (202) 216-3056
www.usaid.gov/procurement_bus_opp/osdbu
Jeanette Brown, Director, OSDBU
Environmental Protection Agency
Arel Arios Building
1200 Penn Avenue, NW, Room 6426
401 M Street, SW, Code A-1230-C
Washington, DC 20460
Telephone: (202) 564-4100
Fax: (202) 501-0756
www.epa.gov/osdbu
Joe McAllibaugh, Director
Federal Emergency Management Agency
Jean Sefchick, Director, OSDBU
Federal Trade Commission
6th & Pennsylvania Avenue, NW
Trang 9Ralph C Thomas, III
Assistant Administrator, OSDBU
National Aeronautics and Space
Steven Van Rees, Contact Person, OSDBU
Office of Personnel Management
Simon Woodard, Director, OSDBU
Corporation for National Service
1201 New York Avenue, NW, Suite 6100
Washington, DC 20525
Telephone: (202) 606-5000 ext 114
Fax: (202) 565-2777
Mark Pitra, Director, OSDBU
Export-Import Bank of the U.S.
811 Vermont Avenue, NW, Room 1020
Washington, DC 20571
Telephone: (202) 565-3338
Fax: (202) 565-3528
Thelma Toler, Director, OSDBU
Executive Office of the President
725 17th Street, NW, Room 5001
Washington, DC 20503
Telephone: (202) 395-7669
Fax: (202) 395-1155
Trang 10Dennis Dorsey, Procurement Director
Federal Communications Commission
445 12th Street, SW, Room 1-A-524
Washington, DC 20554
Telephone: (202) 418-0992
Ronald H Langston, Director, OSDBU
National Director Minority Business Development
Minority Business Development
Mauricio Vera, Contact Person, OSDBU
Office of Small Business, Civil Rights
Nuclear Regulatory Commission
Amy Erwin, Director, OSDBU
Procurement Technical Assistance
Center Program
George Mason University
7960 Donegan Drive, Sudley North Building B
Manassas, VA 22110
Telephone: (703) 330-5458
Fax: (703) 330-5891
Dorthy Graham Campbell
Acting Supply Manager, Diversity
U.S Postal Service
475 L’Enfant Plaza West, SW
Room 3821
Washington, DC 20260-5616
Trang 11Steven R Ayers, Sr Manager, OSDBU
Tennessee Valley Authority
U.S Department of Commerce (DOC)
Herbert C Hoover Building
14th Street & Constitution Ave., NW
Washington, D.C 20230
(202) 482-2000
Offers a wide variety of programs and services relating to economic ment, international trade, and minority business The U.S Patent and Trade- mark Office (800-786-9199) is a division of the DOC, which processes federal patent and trademark applications and publishes various resources on the protection of intellectual property.
Trang 12develop-State Agencies
Although a comprehensive state-by-state directory is beyond the scope of this chapter, virtually every state has at least one office or agency that is responsible for coordinating programs and assistance for small and minority- owned businesses These various state programs offer a wide range of ser- vices, from technical assistance to advocacy to financial support Each state
‘‘houses’’ the small business division in a slightly different place, but a safe place to start is with a call to the state’s Department of Commerce or Depart- ment of Economic Development A few states, such as California (916-324- 1295), Connecticut (860-258-4200), Illinois (217-524-5856), and Minnesota (800-657-3858), have a standalone Office of Small Business Many states offer training programs, seminars, publications, and even tax breaks to foster and encourage the growth of small businesses The Chambers of Commerce in each state are also an excellent starting point for determining the availability and extent of small business development programs in a given region.
Trade Associations
There are literally thousands of trade associations, networking groups, ture clubs, and other organizations that directly or indirectly focus on the needs of small business owners, entrepreneurs, growing companies, women- owned businesses, minority-owned businesses, importers and exporters, and virtually every other group that shares common interests Some of the more established groups with a genuine nationwide presence and solid track rec- ord include:
ven-U.S Chamber of Commerce
to support national business interests and includes a Small Business Center (202-463-5503).
Alliance of Independent Store Owners and Professionals (AISOP)
Trang 13poli-American Association for Entrepreneurs
American Small Business Association (ASBA)
President: Bill Hill, Sr
ASBA’s membership base consists of small business owners with 20 or fewer employees ASBA members have access to the same advantages that larger corporations enjoy through member benefits and services.
International Franchise Association (IFA)
1350 New York Avenue, Suite 900
National Association of Development Companies (NADCO)
6764 Old McLean Village Drive
McLean, VA 22101-3906
(703) 748-2575
chris@nadco.org
www.nadco.org
Executive Director: Christopher L Crawford
NADCO is the trade group of community-based, nonprofit organizations that promote small business expansion and job creation through the SBA’s 504 loan program, known as Certified Development Companies (CDC).
National Association of Manufacturers (NAM)
1331 Pennsylvania Avenue, NW
Suite 1500 North
Washington, DC 20004
Trang 14(202) 637-3000
www.nam.org
NAM serves as the voice of the manufacturing community and is active on all issues concerning manufacturing, including legal system reform, regulatory restraint, and tax reform.
National Association for the Self-Employed (NASE)
2121 Precinct Line Road
National Association of Small Business Investment Companies (NASBIC)
entrepre-National Small Business United (NSBU)
Trang 15National Venture Capital Association
1655 Fort Myer Drive, Suite 850
National Association of Investment Companies (NAIC)
1300 Pennsylvania Ave., NW, Suite 700
National Association of Women Business Owners (NAWBO)
8405 Greensboro Drive, Suite 800
National Association for Female Executives (NAFE)
National Business League (NBL)
1629 K Street, NW, Suite 605
Washington, DC 20006
(202) 466-5483
www.thenbl.com
Trang 16NBL is primarily involved in business development among African cans and serves as a voice for black business on Capitol Hill and in the fed- eral government.
Ameri-U.S Hispanic Chamber of Commerce
In addition to the above, there are a wide variety of special purpose or industry-specific trade associations or foundations These include:
Young Entrepreneurs’ Organization (YEO)
1199 N FairFax Street, Suite 200
Executive Director: Michael Kaye
National Foundation for Teaching Entrepreneurship to Handicapped and Disadvantaged Youth, Inc (NFTE)
120 Wall Street, 29th Floor
Trang 17(847) 685-8600
www.fb.com
American Electronics Association
1225 Eye Street, NW, Suite 950
Washington, DC 20005
(202) 682-9110
www.aeanet.org
American Financial Services Association
919 18th Street, NW, Third Floor
Software and Information Industry Association
1090 Vermont Avenue, NW, Sixth Floor
Trang 18(202) 331-5900
www.restaurant.org
National Retail Federation
325 Seventh Street, NW, Suite 1100
Washington, DC 20004
(202) 783-7971
www.nrf.com
Other Miscellaneous Resources in Cyberspace
Over the past few years, hundreds of web sites have been developed to vide resourceful support to franchisors and entrepreneurs Web sites come and go quickly and change often, so it’s probably best to use one of the popu- lar search engines and enter key words, which will narrow the scope of your search or particular resource need Next time you are surfing the ‘Net’ here are some web sites worth visiting:
IFX International www.centercourt.com Articles and
informa-tion on franchising IdeaCafe www.ideacafe.com Small business meet-
ing place
Venture Capital vcinstitute.org Wide range of
Dun & Bradstreet www.dnb.com A comprehensive
and demographic formation
con-tains all corporate nual and quarterly reports (and exhibits) filed with the Securi- ties and Exchange Commission
read the current issue
or browse through
Inc magazine’s
ex-tensive archives; and (2) interact with other entrepreneurs,
experts, and Inc
edi-tors
Trang 19‘‘Ask the Lawyer’’ www.fairmeasures.com A web site that offers
practical advice for complying with em- ployee law and pre- venting lawsuits
features expert vice for small busi- nesses on topics such
ad-as sales and ing, technical, busi- ness financing, and tips on shopping for business products and services CareerBuilder www.careerbuilder.com Offers a database of
market-national job offerings
re-source professionals
to post jobs wide Provides refer- ence materials for human resource practitioners Monster Board www.monster.com Offers a variety of is-
world-sues, from hiring to staffing to other re- lated topics for human resource ex- ecutives
Interbiznet www.interbiznet.com
SHRM (Society for www.shrm.org Lists a variety of
professionals SBA Women in www.onlinewbc.gov Promotes the growth
businesses through programs that ad- dress business train- ing and technical assistance, and pro- vide access to credit and capital, federal contracts, and inter-
Trang 20national trade tunities
oppor-American Society www.asaenet.org Represents
than 287 million ple and companies worldwide and ven- dors that offer prod- ucts and services to the association com- munity, and also is
peo-an advocate for the nonprofit sector
making money with their own business to find the best work from home business opportunity or part- time Internet busi- ness, and also pro- vides free tools, resources and articles
to help small nesses.
busi-Span Link Com- www.spanlink.com Provides systems
and services ranging from consulting to custom development
to integration to port.
sup-BusinessLink On- www.buslink.com Provider of
Switchboard www.switchboard.com Electronic telephone
white & yellow pages, maps, and city guides
pro-vides a link for necting people, companies, and in- dustries and offers unique blend of com-
Trang 21con-mentary, financial analysis, and access
to the leaders of emerging technolo- gies and markets Info Franchise www.infonews.com Provides information
franchisers, and being a franchisee.
Franchise Law Internet Resources
CCH Business Franchise Guide
Trang 22AAA, see American Arbitration Association
ADA, see Americans with Disabilities Act of 1990
Adcom Express, Inc et al v EPK, Inc., 47–48
ADEA (Age Discrimination in Employment Act of 1967),
304
Adelphia, 293
ADR, see alternative dispute resolution
Advanced Micro Devices, Inc v Intel Corp., 184
for transfer of franchise, 340–342
see also franchise agreement(s)
alliances, see strategic alliance(s)
Allied Domecq PLC, 16
alternative dispute resolution (ADR), 181–183
Amazon.com, 157
American Arbitration Association (AAA), 183–184, 189
American Bar Association, 189
Americans with Disabilities Act of 1990 (ADA), 85, 304
America’s Favorite Chicken (AFC), 168
area development agreements, 122–126, 130–133Argentina, 222, 227, 229
Arkansas, 334Arthur Andersen, 290, 293assignment, 114, 118A-1 steak sauce, 374attorneys’ fees, 111audits
fees for, 109intellectual property, 162–164performance, 199
trade secret, 147Australia, 222, 223Austria, 218, 230automated financial systems, 34Avis, 167, 317
A&W, 16, 317Azerbaijan, 229Bahamas, 227balance sheet, 80bankruptcy, 74Barnesandnoble.com, 157Baskin-Robbins, 16, 52, 173, 229, 394Belgium, 218, 222, 228, 230Ben & Jerry’s, 374, 394Berkshire Hathaway, Inc., 16Best Western, 354
binding arbitration, 184board of directors, 285–290establishment of, 285–287formal responsibilities of, 287–288guidelines for working with, 288–290Bogle, John, 293
Bolivia, 229bonding, 72bootstrap franchising, 244brand
and co-branding, 14, 19, 393–395and franchise system, 11–12brand-extension licensing, 144, 373–375brand names, 393–395
Brazil, 222, 223, 227, 229Bresler’s, 317
brokers, franchise, 73–74
Broussard v Meineke Discount Muffler Shops, Inc.,
240–241budget, 244–245
Trang 23Buffet, Warren, 16
Bulgaria, 228
Burger Chef, 166
Burger King, 16, 171
Burger King Corp v Stephens, 48
Burger King v C.R Weaver, 169
Bush, George W., 140
business and financial model, 15
business education skills, 31
business format franchises, 53
business model patents, 157
‘‘business opportunities,’’ 355–356
Business Opportunity Ventures, 61
cabinet agencies, OSDBU directors in, 411–415
and costs of franchising, 243–245
and debt financing, 251–254, 263–264
from factoring, 267–271
and IPOs, 254–263
from leasing, 264–267
and private placements, 245–248
and role of CFO, 299
and SBA programs, 263–264, 271–279
from venture capital, 248–250
CFO, see chief financial officer
character licensing, see merchandise and character
li-censing
Chicken Delight, 53
chief financial officer (CFO), 297–305
and employment law, 301, 303–305
and improving profitability of franchisee, 300–301
problems confronted by, 298–300
responsibilities of, 297–298
Chile, 227, 229
China, 140, 222, 224, 225
Cisco, 295
Civil Rights Act of 1964, 303, 304
Civil Rights Act of 1991, 305
Clark v America’s Favorite Chicken, 168
compliance (with quality control standards), 38, 148, see
also legal compliance
Comprehensive Environmental Response Compensation
and Liability Act (Superfund law), 323
computer systems, 77
confidentiality, 78, 111, 148, 151–152, 160–161, 310
Confidentiality and Nondisclosure Agreement, 148–151
conflicts, see disputes
Connecticut, 61, 178, 334, 356, 397consultants, 29
consulting agreement, special, 118consulting services
fees for, 109management, 43–44offering, 359consumer fraud regulations, 57Consumer Protection Credit Act, 76continuing fee, 109
contracts, 80convenience stores, 14conventions, 171Coolbrands Worldwide, 317cooperatives
franchise, 74, 75independent (co-ops), 352–354coordinated franchise review(CR-FRAN), 60Copyright Revision Act, 155–156copyrights, 155–156, 160–161corporate governance, 290–295Costa Rica, 227
Cost Cutters Family Hair Care, 46
Cottman Transmission Systems, Inc v Melody, 48
count-annexed arbitration, 184counterclaims, 178–179coupons, 57, 58covenants against competition, 111, 114, 309CPR Institute for Dispute Resolution, 189CR-FRAN (coordinated franchise review), 60CUC International, Inc., 317
culture, see organizational culture
customer loyalty, 12customers, test, 45–46Czech Republic, 228Dairy Queen, 16David/David partnering, 384David/Goliath partnering, 384Days Inn, 317
dealerships, 350–352debt financing, 251–254, 263–264defaults, curing of, 45, 64–65, 111Delaware, 334
Dell, 394Deloitte & Touche, 181Denmark, 218, 228, 230Denny’s, 16
descriptive marks, 136development fee, 123Diet Center, 171direct mail, 208disclosure documents, 62–63, 72–84amendments to, 93
choosing format for, 72–73data gathering for, 81–84and international franchising, 222–224items included in, 73–80
discovery, 174, 179, 180Disney, 384
disputes, 79, 165–190arbitration for resolution of, 183–187mediation for resolution of, 187–189moderated settlement conferences for resolution of,189–190
over accounting practices/procedures, 169–170over documentation, 173–174
over franchisee recruiting, 166–167over misuse of advertising funds, 170over quality control, 171–172over site selection/territorial rights, 167–169over small claims matters, 190
over supervision/support, 170–171over training for franchisor’s management and salesteam, 173
over transfers by franchisees, 172–173over unequal treatment, 172private judging for resolution of, 189
see also litigation
distance learning, 32