Univ., Diss.-2004--Heidelberg, 2003. / Literaturverz. S. 169 - 189.

Mémoire (M.P.M.O.)-- Université du Québec à Chicoutimi, 1992. / Bibliogr.: f. [169]-180. Document électronique également accessible en format PDF. CaQCU

Thesis (doctoral)--Universiẗat Köln, 2005. / Includes bibliographical references (p. 187-204).

Thesis (MTech (Business)) --Cape Peninsula University of Technology, 2009 / The Faculty of Business at the Cape Peninsula University of Technology conducts research in the niche area: “The Effective Management of SMMEs” as identified by the National Research Foundation of South Africa. The research contained within the ambit of this thesis, has as its objective to establish the current position of performance measures utilised daily in the business activities by fast food franchisees, to raise awareness of future performance drivers (i.e. the critical success factors or non-financials aspects), and to highlight the importance of measuring the key performance areas of both financials and non-financial indicators as significant contributors to sustainability and growth of an enterprise. The challenge managers is currently faced with pertain to the managing of businesses for results i.e. identifying the drivers of financial success, finding a balance to measure financial and non-financial performances, appraising and compensating people’s performance. Lacking such tools, businesses have encountered difficulties managing what they could not describe or measure, or that are exposed to the risk of failure. Financial accounting (historic information) does not provide details about factors that actually help grow market share and profits (the main drivers of future performance). The questions which should be asked, are: Are the managers of fast food franchisees able to identify critical information or articulate factors that are important to actually help grow market share and profits? What tools are utilized to measure and drive value in real-time? To what level is performance measured, and what is the role and purpose of the utilised measures in the fast food franchisees? Most importantly, to what extent are franchisees in the fast food industry equipped by franchisors through a franchise “package”? This remains problematic as the need to identify and understand information critical for decision making in the fast food industry becomes imperative for the growth and sustainability of the organization. To answer these questions, the performance measures actually used by franchisees, will be surveyed. The proposed study will involve the collection, compilation, and analysis of both financials and non-financials performance measures using survey data from fast food franchisees within the Cape Metropolis. Quantitative data will be collected through opened and closed ended questionnaires (distributed to owners/managers of outlets) to document the existing performance measures and resulting perceived benefits. The outcome of this thesis will help franchisees to identify critical success factors and raise awareness with franchisors on inadequacies in the franchise package, so as to contribute to the effective management of small businesses. Furthermore, the research will be of importance in empowering the fast food sector to take advantages of alternative performance measures, improve their business efficiencies and increase their capacity to grow and be sustainable.

Franchising is the primary force in the growth and survival of the hospitality industry. Franchise systems contain legally independent, economically interdependent, and politically affective franchise organizations. Strategic management in hospitality franchise systems with emphasis on implementation methods is investigated in the present study. Impact of sources of power (economic and noneconomic), held by the franchisors, on franchisees’ strategy implementation process and eventual performance are also included in this study. Single unit Quick Service Restaurant (OSR) franchisees from six different concepts have participated in this study. A total of ten research hypotheses are empirically tested using various statistical procedures. The current study demonstrates that implementation plays an important role in determining performance (satisfaction) of an organization. It also shows that sources of power impact organizational performance (satisfaction) whether measured as revenues or profits. The QSR franchisees’ satisfaction with franchise arrangements is affected by the nature power sources. The results indicate that some implementation models are more effective than others, and different performance objectives demand different implementation models. The "match" between the outcome objectives and the implementation model is essential to achieve the desired performance. Different sources of power (coercive, legitimate, referent, and information) have varying effects on organizational performance, financial or nonfinancial. Originality of the instrument is one of the major methodological contributions of the study. Positive and statistically significant results achieved in the current study offer empirical validity to the instrument. Another major contribution is the confirmation of earlier studies by several authors on relation between power and satisfaction, and power and performance using the hospitality industry setting. The results also indicate that for long term survival, the OSR franchisees must consider different implementation models and their congruence with the nature of power present in the franchise system. / Ph. D.

This thesis analyses the existing legal framework that applies to franchising in South Africa today. The study begins with an examination of the history and nature of the franchise contract, focusing particularly on the nature of the franchise relationship. This study is undertaken in order to substantiate the argument that franchising is a unique method of doing business. There is a need therefore to recognise that the franchise contract is a special contract in its own right, just like contracts of sale, lease, insurance and suretyship. The study then goes on to examine the problems which are experienced in the sector, as well as the law which must provide solutions to these problems. The research will show that in a modern commercial world the existing legal framework, especially the common law, cannot adequately deal with many of these problems. The complex relationship between franchising and competition law is also explored. A common thread that emerges from franchise disputes is the lack of protection afforded to the interests of franchisees. Franchisees tend to be at the mercy of economically stronger franchisors, hence the belief that there is a need for a stronger regulatory framework. The study then shifts to proposals for reform. In 2000 the Department of Trade and Industry (DTI) established the Franchise Steering Committee in conjunction with the Franchise Association of South Africa (FASA) to review the regulatory environment. This Committee drafted franchise legislation which aimed to bring the regulation of the sector under the control of the DTI. This legislation has not been implemented and the DTI has changed its strategy. Instead of dealing with franchising independently, franchising will fall within the scope of consumer protection legislation. Both the consumer protection legislation and the legislation proposed by the Franchise Steering Committee are thoroughly examined and explained. Shortcomings in the proposals are highlighted and an alternative approach is recommended. It is proposed that franchise-specific legislation should be introduced but that this legislation should establish a system of co-regulation between the government and the franchise sector.

Botswana is a middle-income economy. It has become dependent on non-renewable resources. Agriculture and manufacturing have failed to develop in a significant way. The small population has not provided adequate demand. The Government has tried a number of strategies in order to diversify the economy. One of these is the promotion of Small and Medium Enterprises (SMEs). Unfortunately, SMEs have failed to thrive, so far. A number of researchers have concluded that SMEs will not thrive due to the fact that Botswana have low entrepreneurial skills. High failure rates are experienced where enterprises are established. The thesis identifies an alternative strategy in the development of enterprises in Botswana. It is generally believed that a franchisee does not need high levels of entrepreneurial skills to succeed. If this is so, Botswana can solve her problem of lack of sufficient enterprises by promoting franchising. The thesis uses the interview technique to assess whether existing franchisees in Botswana have low levels of entrepreneurial skills. Indeed it proves that franchisees have low skill levels compared to non-franchised entrepreneurs. Secondly, the thesis proves that franchisees in Botswana operate as employee-managers. Thirdly, the thesis establishes that franchisees perform better than non-franchised entrepreneurs, even though they have low entrepreneurial skill levels. Lastly, the thesis, using evidence from findings above, and from responses of experts interviewed, establishes that the promotion of franchising is a viable alternative strategy to one that depends solely on non-franchised enterprises.While there are some methodological limitations, like those stemming from a low and unknown franchisee population in Botswana, the use of ordinal data, use of techniques to rate their own skills, and a relatively small sample for franchised and non-franchised entrepreneurs, the statistical techniques used are powerful enough to generate reliable findings. / Graduate School of Business Leadership / D.B.L

published_or_final_version / Real Estate and Construction / Master / Master of Science in Real Estate and Construction

Botswana is a middle-income economy. It has become dependent on non-renewable resources. Agriculture and manufacturing have failed to develop in a significant way. The small population has not provided adequate demand. The Government has tried a number of strategies in order to diversify the economy. One of these is the promotion of Small and Medium Enterprises (SMEs). Unfortunately, SMEs have failed to thrive, so far. A number of researchers have concluded that SMEs will not thrive due to the fact that Botswana have low entrepreneurial skills. High failure rates are experienced where enterprises are established. The thesis identifies an alternative strategy in the development of enterprises in Botswana. It is generally believed that a franchisee does not need high levels of entrepreneurial skills to succeed. If this is so, Botswana can solve her problem of lack of sufficient enterprises by promoting franchising. The thesis uses the interview technique to assess whether existing franchisees in Botswana have low levels of entrepreneurial skills. Indeed it proves that franchisees have low skill levels compared to non-franchised entrepreneurs. Secondly, the thesis proves that franchisees in Botswana operate as employee-managers. Thirdly, the thesis establishes that franchisees perform better than non-franchised entrepreneurs, even though they have low entrepreneurial skill levels. Lastly, the thesis, using evidence from findings above, and from responses of experts interviewed, establishes that the promotion of franchising is a viable alternative strategy to one that depends solely on non-franchised enterprises.While there are some methodological limitations, like those stemming from a low and unknown franchisee population in Botswana, the use of ordinal data, use of techniques to rate their own skills, and a relatively small sample for franchised and non-franchised entrepreneurs, the statistical techniques used are powerful enough to generate reliable findings. / Graduate School of Business Leadership / D.B.L

The franchising business model is an attractive option for both franchisors and franchisees. Franchisors grant the rights to use their intellectual property and business system to franchisees for a fee. Franchisees buy into the tried-and-tested business system, receive ongoing training and support and operate under an established trade mark or trade name. Fundamental characteristics of the franchise relationship include: the contractual nature thereof, the use of the franchisor‘s intellectual property by the franchisee, operating the franchise outlet according to the franchisor‘s business system, providing training and support to the franchisee, and paying for the use of the franchisor‘s intellectual property and business system. These characteristics have resulted in inherent tensions between franchisors and franchisees, which arise by virtue of, inter alia, the control exercised by the franchisor over the use of its intellectual property, franchisor opportunism, poor franchisee selection, franchisee free-riding, inadequate training and support, or the sunk investments made by the franchisee. The franchisor and franchisee generally use a franchise agreement to regulate their relationship. However, the franchise agreement itself can also lead to conflict between the parties, such as that arising from poor drafted clauses relating to territorial rights, renewal, payment, termination, restraint of trade, or confidentiality. The franchise agreement is typically drafted in the standard-form, resulting in franchisees faced with unequal bargaining power. The common law of contract is based on principles of freedom of contract and sanctity of contract and is, therefore, limited in its ability to resolve the tensions between the parties. Various models for regulating the franchising industry can be adopted, for example, self-regulation, statutory regulation, or co-regulation. Australia and Canada have adopted the statutory model by enacting franchise-specific legislation and New Zealand has followed the self-regulation model with no legislation regulating its franchising industry. South Africa did not formally regulate the franchise relationship through legislation until the enactment of its consumer protection legislation, the Consumer Protection Act 68 of 2008 (CPA), which includes a franchisee within the definition of consumer. This entails that all franchisees enjoy the protection of the CPA and all franchise agreements must comply with the provisions of the CPA. The South African economy is unique in that it is burdened by the social ills of its discriminatory past, such as high levels of unemployment, illiteracy and inequality. The country is faced with a slow growing economy with little development and promotion of entrepreneurship among small businesses. Despite the burdensome economy within which the franchising industry is required to operate, the industry‘s contribution to the Gross Domestic Product (GDP) of the country has remained stable. The South African government has identified the franchising industry as an opportunity for job creation, economic empowerment and promotion of entrepreneurship. The aim of the study is to ascertain whether the CPA is the correct legislative vehicle to regulate the franchise relationship, while enhancing the growth and development of the franchising industry. This thesis concludes that the introduction of fundamental consumer rights and rights of redress for franchisees through the provisions of the CPA has contributed to, or assisted in, the removal of the tensions inherent in the franchise relationship. In particular, the CPA has adequately addressed the lack of formal regulation of the franchise relationship through its disclosure requirements and its regulations. The thesis also proposes amendments to some of the CPA regulations, which will further enhance the disclosure requirements, and aid in curtailing the conflict caused by the terms of the franchise agreement. The thesis further proposes that the application of the CPA to franchise agreements should be limited to small, inexperienced or unsophisticated franchisees that are in need of the protection. An essential premise is that the CPA aims to protect ordinary consumers, including juristic persons, in day-to-day transactions (up to the threshold amount), to avoid suppliers taking advantage of them. Larger, more sophisticated or experienced franchisees, with stronger bargaining power and access to legal advice, do not necessarily require the protection of the CPA. The criteria relating to the size of class of micro-, very small and small enterprises, but not medium enterprises, within the different sectors or sub-sectors in terms of the National Small Enterprises Act, 102 of 1996, should be considered and used as a guide to determine whether the CPA applies to a franchise agreement. The development, growth and success of the franchising industry depends on the education of prospective franchisees wanting to adopt the franchising business model and invest in the industry. The CPA does not recognise or promote the roles of the various stakeholders (franchisors, franchisees and the government) with regard to the provision of education, training, ongoing support and assistance to prospective franchisees. This thesis proposes that mechanisms to enhance the education of prospective franchisees should be promoted, such as tandem franchising, obtaining advice undertakings from prospective franchisees before concluding franchise agreements, and increasing the role of the Consumer Commission in providing franchising education.