Friday, September 7, 2012

What is a UFOC Uniform Franchise Offering Circular?


What is a UFOC?

The UFOC was a response to some unethical behavior in the 1960 and 1970. Today franchises are regulated by law. The Federal Trade Commission (FTC) requires that certain information be disclosed to potential franchisees before a contract can be signed or any payment made. The information is presented to potential franchisees in the form of a document - the UFOC.

The FTC requires franchisors in every state to provide a UFOC. In addition, some states require that the offer must first be approved and registered by the State before being promoted to prospective franchise buyers. These states are: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Oregon, Rhode Island, South Dakota, Virginia, Washington and Wisconsin. Some states, like Illinois and Minnesota, have even more stringent requirements for the franchisor. This in turn affords better protection for the prospective franchisee.

What does the UFOC Contain?

The UFOC contains 23 items of information that must be updated to the most recent fiscal year end of the franchisor. If there is a substantial change to the information contained in the document, the franchisor must make a revision (to be issued quarterly). The disclosure document must be given to a franchisee to that which occurs earlier: the first personal meeting of franchisor and franchisee or ten working days prior to potential execution of a contract or money payment to the franchisor.

Standard UFOC Items:

1. The Franchisor, predecessors and affiliates is

2. Entrepreneurial experience

3. Litigation

4. Failure

5. Initial Franchise Fee

6. Other expenses

7. Initial Investment

8. Restrictions on Sources of Products and Services

9. Franchisee Obligations

10. Financing

11. Obligations for the franchisor

12. Territory

13. Brands

14. Patents, proprietary information

15. Obligation to participate in the actual operation of the franchise business

16. Restrictions on what the franchisee may sell

17. Renewal, termination, transfer and dispute resolution

18. The public figures

19. Complaints of profits

20. List of centers

21. Balance

22. Contracts

23. Receipt

How do I use this Franchise Document?

The UFOC is similar to a securities prospectus. It can provide the information necessary to evaluate a company or to target potential sales clients. An accredited franchise company, whether publicly traded or privately owned, must provide the disclosure document.

The UFOC is most valuable for potential franchisees franchisors and potential franchisors, investors, financial companies and suppliers franchisees.

Description of Standard UFOC Items:

1. The franchisor and any predecessor. This section contains historical material based on the franchisor, as well as any predecessors. Includes company names and trade, address and principal place of business. A description of the franchise should include information such as the nature of the franchise and the franchisor of professional experience, including experience in a franchise.

2. Identity and business experience of persons affiliated with the franchisor. All names of individuals who have important responsibilities in business management or support services provided to franchisees to be disclosed. Information indicating the person's current position in society and business in the last five years is also included. If a sales representative or broker franchise is involved, the same information is required.

3. Litigation history. Detailed information on criminal, civil and administrative litigation involving one of the officers, owners, directors or key executives of the company is described in this section if the statements or actions that relate to the potential franchisee.

4. History failure. The franchisor must indicate whether the company or any of its directors or officers have filed for Bankruptcy in the last 15 years. About every action must be included.

5. Franchisee of the initial franchise fee and / or other method of initial payment. This section indicates the franchise fee and any other initial payments to be made by the franchisee at the time of the execution of the franchise agreement. The section describes the method of payment and taxes, the use of such sums, and if the payment and expenses are reimbursable, in whole or in part.

6. Other taxes. All other expenses are detailed, including royalties, advertising costs, insurance costs, training costs, cost accounting and audit, consulting, leasing, costs of alteration and all other costs associated with the franchise.

7. Franchisee has estimated an initial investment. The estimated costs associated with the opening of a franchise are recounted wih a range as high and low for real estate, buildings, equipment, facilities, permits, furnishings, signage, inventory, working capital, etc. This section should include the name the person or persons to whom the payment is made for the previous year, on what terms and conditions that apply for reimbursement.

8. Obligations of the franchisee to purchase or lease from designated sources. All requirements that the franchisee must purchase goods, services, supplies, equipment, or for insurance / or opening and operation of the franchise by a franchisor designated source must be disclosed. Franchisors must also disclose if they receive income from the approved suppliers as a result of purchases by affiliates.

9. Obligations of the franchisee to purchase or lease in accordance with specifications or approved vendors. Further discussion on providing sourcing, this section lists all seponsibility the franchisee to purchase or lease is from pre-approved suppliers or as specified by the franchisor. Specific purchases are not normally included, but prices, discounts and procedures for approved vendors are generally cited by the franchisor.

10. The mode of financing. All funding programs that are offered or by the franchisor or its designates are described in this section.

11. Obligations of franchisor: other supervision, assistance or services. This section describes the initial and on-going services and support of the franchisor. It is often divided into two parts - the service obligations of the franchisor and services that can be performed by the franchisor. Some types of service and support are described as training, advertising, site selection, market research and information services.

12. Territorial rights. If the franchisor grants exclusive rights, land rights and will be described in this section. Any conditions which the franchisee must meet to maintain these rights, as well as the right of the franchisor, are also disclosed.

13. Trademarks, service marks, trade names, logo types and commercial sumbols. The franchisor must disclose information concerning the registration of trademarks, service marks, trade names, logos and sumbols types of trade with the U.S. Patent and Trademark Office. Also included is a list of states and countries where they are registered trademarks, as well as any limitations imposed on the franchisee for the use of such marks.

14. Patents and copyrights. This information lists the patents and copyrights that may be involved in the operation of the franchise and that may cover trade secrets and confidential information.

15. Obligation of the franchisee to participate in the management of franchise operations. If the franchisor requires the active participation of the franchisees in business management, it must be indicated. Terms and conditions for participation should be defined.

16. Restrictions on goods and services offered by franchisees. Any limitations or exclusions of goods and services that can be commerialized from franchisees are given in this section.

17. Renewal, termination, repurchase, modification and assignment of the franchise agreement and related information. This, the most complex and longest section, covers the requirements of the franchisor and franchisee options when a franchise should be renewed, terminated, repurchased, modified or assigned.

18. Agreements with public figures. If the franchisor has any compensation or endorsement program with a public figure, must be disclosed. If the public figure is involved in the ownership or management of the franchise, it must also be disclosed.

19. Current, average, projected or anticipated franchise, earnings or profits. There is an option here. Some franchisors will state that does not provide current, average, projected or expected sales and earnings to potential franchisees. If a franchisor makes a claim for sales, profits or gains, the franchisor must fully describe the method by which the claim is made.

20. Information on the concessions of the franchisor. The franchisor provides a synthesis of franchise sales, which operates the number, the number of agreements signed, but not in operation, and the number of company-owned units. Information on the number of franchises terminated or not renewed with the causes of termination or non-renewal for the last three years is also required.

21. Budget. In this section, a complete set of financial statemetns, usually a budget teh last fiscal year, an income statement and changes in financial position of the franchisor for the last three fiscal years. Most states require audited financial statements.

22. Franchise agreement and related documents. A copy of the license and any other document to be signed by the franchisee must be included as exhibits.

23. Acknowledgement of receipt of a potential franchise. Prospective franchisees are required to sign a receipt for your information was received from the franchisor .......

Nonprofit Name Change - Four Tips for Success


In April 2004, the DST Defense and Education Fund changed their name to Legal Momentum. The name change was a great success. LM Vice President of Communications, Maureen McFadden, shares these four tips to ensure the same success for your nonprofit:

1. Indulge. Engage in a long term process for the name change. Be prepared for the process to become emotionally exhausting in some places (names, such as design, trigger the emotional response).

2. Available staff, administrators and stakeholders. Be inclusive so as to contribute to the process of changing the name. Warning - when the going gets tough, the instinctive reaction is to pull back and become very secretive. But this is the point where it's critical to keep the dialogue.

3. Search other name changes. McFadden recalls one of the most useful steps in the process of change of name of LM was to detect other nonprofit organizations that have recently changed their names. He asked:


Why did you do?
What kind of problems did you encounter?
What steps or techniques were particularly successful?
4. Stay focused on why you decided to change the name. You'll find that you (and your colleagues and external clients) are more attached to your name organizations aware of what you knew. According to McFadden, "of the movement is emotional, intellectual acceptance is."

The antidote? McFadden is recommended to "stay focused on why the change was implemented and what will help your business reach." ......

How not to be an autocratic leader


The autocratic leaders tell people what to do, issue orders and expect to be obeyed. They say it is acceptable to use an autocratic style of leadership in some situations: in case of emergency, military service and when only the leader can make the decision. For example, only the leader can decide who to hire, fire and promote. If the alternative of being autocratic is participative leadership, then it is clear that employees in most organizations do not have a say in what they are paid or which of them is promoted.

Faced with reality, however, we must recognize that the autocratic leader is a dinosaur in modern organizations, particularly those that compete on the basis of rapid innovation. Here, the ability to develop new ideas is the most important source of power, not the old-style ability to dominate a group.

Many people aspire to leadership roles because it gives them the power to call the shots, to have the final say in important decisions. People who like to dominate others have strong autocratic tendencies. These leaders have been aware and have big egos. Making decisions and having them jump other gives a thrill. The problem is that the complexity of modern and rapidly evolving, but they have neutered the traditional leader of men. The conventional leader responsible for a group of highly skilled knowledge workers has become a kind of eunuch. For the sake of appearances, we have moved the goal posts, redefining leadership as a facilitator, coaching, recognizing that the leader is no longer possible to determine the direction.

Primitive Leadership

Once it was all over the autocratic leadership. When we were ruled by kings and emperors, saw themselves as having a "divine right" to tell everyone what to do, on pain of death. Even more primitive than that, all the higher animals organize themselves into hierarchies with a single dominant (usually male) at the top. There are people of lower level might challenge the supreme leader unless they were prepared to put their life on the line in a power struggle.

Paternalistic leadership

Even in modern organizations, our concept of the effective leader is very close to our image as a good father. We look up to leaders who have strong personalities, who know what they are doing and take care of us - all qualities that we associate with the parental figures. Research has shown that people's anxiety in groups where no one person is the leader or when the person who is not as strong and secure as we would like. So, we have not really left our primitive animal nature very far behind. We can put up with the technical or functional experts as a leader in high-tech activities, provided they know their stuff, but in the political field, we are still very old. We want our leaders to live up to our ideal of a perfect father. Even the leader of the female must have male qualities to be accepted by the followers of men.

Modern Leadership

Today, the leadership still has some primitive elements and paternalistic. Now expect that the people responsible of us to respect our views and to involve us in making important decisions. But we still tend to prefer one person to be in overall charge and we want the person to live up to certain ideals paternalistic. This form of leadership, however, is breaking down because there is a conflict between the desire for leaders who know what they are doing and the reality of the modern complex and rapidly evolving. The most common way to fudge this situation means that the leadership does not mean to call the shots, instead of saying that it means being a good facilitator and coach.

Thought Leadership

An emerging trend is to base the leadership is not in place, but on its ability to develop and promote new ideas for better products. This leadership is no longer to be the top dog, but is more like the creativity, breakthrough act. In this perspective, the person is primarily responsible for a manager not a leader. We still look to parental figures, we just need to stop calling their leaders.

Thought Leadership can be demonstrated by all employees. In a meeting, you can pass from one person to another and vice versa. Good ideas can not be monopolized, in difference to have a dominant personality, which is a relatively permanent. We need to see leadership as the ability to successfully promote a better way to challenge the status quo and get others on board to take a new direction.

Such leadership is not a position or a set of responsibility, unlike management that is very much a role. Managers who act as facilitators, mediators, catalysts and coaches are mostly working as managers, not leaders. This is a radical change of perspective, but is essential if we hope to deal with the complexity of modern and rapidly changing .......

Leadership Lessons From a Pitching Coach


In 2003, as many of Chicago, I was almost glued to the TV in September and October to watch the Cubs baseball team during the playoffs. As a die-hard Cubs fan and suburban north-Sider, of course I root for my team, no matter how far they went in the series.

The team had been transformed over the previous year due to a combination of things, great leadership being one of them.

During a game in early October, the Cub pitching coach went to the mound to talk with pitcher Mark Prior. One of the commentators said: "He is one of the best pitching coaches, if not the best." Another commenter asked why he thought. He replied: "Because not only knows the technical aspects of pitching She rises also know that as a person ... What makes you tick, what makes you work well or do not work well you get to know your family"

This commenter recognized good coaching baseball coaching from someone who coaches a player in more than just the technical areas of pro baseball. Life affects the whole person. This great pitching coach, is recognized as the largest current and former players, because he knows how to turn average pitchers into great pitchers, and you use more than mere technical exercises. It moves and motivates the players to get to excellence in their minds, their emotions, and what is important to them, without being intrusive.

It 'the same way in business. If I, as a coach, just stick to subjects with customers involving their business, I could be missing something. Not that I learn of the people-business non-private lives. No, those of you who have known me for a little 'know that I tend not to dig there. Understanding what makes people tick (and how well they work against the way they do not work well), however, can lead to "data", which focuses on business and working people. If, as the pitching coach, I know a client beyond "technical pitching", I can help you achieve greater goals (such as Cubs pitchers, to inaugurate their team in a bigger place I've ever seen him go in my life).

If we translate the pitching coach / pitcher relationship to that of the boss / employee, many of the same principles apply as well. Knowing employees: what makes them tick, what makes them work well or do not work well, and, if necessary, get to know their family (or, know their family) goes a long way toward motivation-to- excellence, in addition to coaching and leading technical expertise. This type of leadership can turn average employees into hard workers .......

The Ultimate Sales Pitch Maker - Sales Pitch Maker Review


Have you ever used Craigslist? Visited the eBay auction? Never sold anything in your life? Have you ever wanted to make more money out of something? I used to sell through both sites and did other jobs through the websites of private property. My success came to me after I did some careful research!

Before I knew how to write an effective sales letter / sales pitch, I would almost never make a sale! I could not believe some of the moments in which my ebay auctions you can sell. For example, I was selling a car worth $ 4000, but failed to get any leads to his blue book price. After generating a better sales pitch, I was able to sell my car for its true value! I was also able to double my sales report! I was in heaven! What did I change my sales pitch? I tried to involve my market aimed at a more personal level. Also, I used different statistics and positive statements to increase their credibility. The creation of an effective sales pitch is like an art!

There are several ways to create an effective sales pitch. I highly recommend an emotional appeal for the public. Moreover, its very important to understand who is your audience. For example, a large sample of sales pitch aimed at users of eBay would be ---> Not a PowerSeller? Realize your dream and grow your business with this! "Then share your product.

Establish an emotional connection and trust can be done several ways. For one, you can pack your sales letter full of testimonials! These are very important in a sale!

Trust me, if you need to sell something in your life, be sure that you are armed with an effective pitch to sell! ...

Thursday, September 6, 2012

Trading Tactics - How To Get What You Want


Negotiating tactics are one of the most important lessons you can learn to succeed in your career, relationships and life. There will be a lot of times when your ability to persuade will be tested. As you try to gain favor through effective delivery can make or break your credibility and integrity as an individual. Here are some of the most useful negotiating tactics.

Sponsorship

The lawyer negotiating tactic tries to present as the most important ideas and results and benefits to stakeholders. The person you are trying to influence should clearly be able to see himself in a very advantageous, if he or she will adapt to your idea. Provide situations in such a way that increases the likelihood of success of the person gaining is crucial.

Winning Matters

The winning tactic encourages you, as well as the person you are trying to influence, to assess your current position, instead of potential interests and needs. People prefer to be influenced by the ideas that put the final result in a win-win, rather than include chances of losing.

Although there is no such thing as absolute security, a person entering into negotiations with a sense of trust and the importance already puts him or her in a more advantageous, regardless of the outcome of any risk or hazard.

Positivism

Positivism is one of the most powerful negotiating tactics, promoting cooperation and interaction between all parties involved. You need to be optimistic about your opinions, help you gain respect and understanding from others. Show satisfaction and willingness to take risks. Problem-solving and decision-making becomes easier if you constantly encourage others to share your knowledge in a positive way.

Negativism

Negativism is an aggressive negotiating tactics, where you can choose to be uncooperative or show disinterest in the opposite idea, to show a possible consequence. It aims to present the consequences of the other person's interests to try to guide him or her to your point of view. It is a matter of how you can effectively compare the differences, the results and benefits .......

Why should I hire a freelance writer?


I come in contact with about 50 companies a week to advertise my freelance writing services. Many times, a company knows when and if they need a writer. But for each of them, there is a business or an individual who does not know as a freelance writer can help. We see the various businesses and individuals who have used my services - from this short list, maybe you can decide if you should hire a freelance writer or not.

Public Relations, Marketing and graphic design firms sometimes employ the services of freelance writers. Many of these companies have their own personal creative writing, or sometimes do not. If they do, a writer can get a polite "no thanks". Sometimes the current workload is greater than the internal personnel able to manage - in this case, a company may decide to take a writer. Most of us professionals can write brochure copy, web copy, advertising copy, and copies of direct mail. Many of us can even write white papers, case studies, annual reports, press releases - the list goes on. If you are a small shop, you can appreciate the fact that the workload can become too large. If you're struggling to keep the front end, consider hiring a writer to work on communications and creative pieces.

Small businesses sometimes need a freelance writer, marketing or desktop - and I do not know. Many even freelance writers to design marketing materials base, such as postcards, flyers, brochures and newsletters. In cases like these, a small company with a small marketing budget can get more "bang" for the dollar if they hire a freelance writer / marketer. Not only costs less, you will be committed to another small business owner. For small business owners who are not very sure about the need for a writer / marketer, here are some things to consider. You do not pay a large sum of money to maintain a marketing firm on retainer? If so, go to a writer / marketer that can load the project. Do you have a local scope? Otherwise, think about what you could do with some well-written and captivating postcards, flyers, or brochures. Want to increase sales? Who does not, right? A writer / marketing can design a direct mail campaign for you - you can offer a discount, a coupon, anything to get in the door and turn prospects into customers. Once you have your customers, think about sending a monthly newsletter - your writer / marketing can actually write the content and designing the publication for you. If you have a small marketing budget or have never really thought about how to market your business effectively, you should consult a freelance writer / marketer.

Large companies sometimes use freelance writers, as well. Of course, these companies may have in-house marketing departments and communication, or who have an established relationship with a company. But who writes internal publications - newsletters, articles, communications, training materials? Who writes annual reports, communications, or other documents? If you are a PR Manager, Communications Manager, HR Director or Marketing Manager, think about the time you and your staff spend on writing publications and communications. There is a possibility you could be given to writing a professional and use your staff for the items in the first line on your list. Maybe it was the management asks how these publications and they have consistently fallen below the list because of a lack of resources. A freelance writer could definitely help move these projects.

And private entrepreneurs, especially in the era of Web 2.0, are becoming another segment of business for freelance writers. The field of digital documents is becoming quite profitable - places like Clickbank.com allowed us to write and sell all kinds of publications, from how to play online, investment, parents, crafts, and hobbies. Perhaps you have a great idea for a publication useful but can not get it on paper. There is no shame in admitting that you are not the best writer in the world - if we were all great writers, some of us would be jobless. If you find a freelance writer who has written e-books, white papers, or even print books (fiction and non-fiction), he or she can help you organize your thoughts, help with the structure, and write the material. The area of ​​intellectual property comes into play here for both writers and consumers, so be sure to have an agreement on copyright of ideas and final products.

There are many reasons to hire a freelance writer and I have only touched on some of them here. How do you find a writer? They may be coming to you, as I try to every day. Many of us have the presence and advertising via online advertising like Google Adwords, so a search for "copywriter" or "freelance writers", can turn into good games. Web sites that match buyers with clearing service providers, such as Guru.com and Elance.com are also good starting points. Be aware that prices are pushed down on the web because of the number of people looking for work. Make sure that the writer has the expertise, credentials, skills, and maturity to handle your work before you hire them. And remember that the highest bidder may not always be the best qualified service provider.

If you are unsure of your need for a freelance writer, please contact one anyway. It may not be the right time for you, but it's never too early to forge a relationship with another businessman who has a unique talent that not everyone has .......