The Gathering Place Case

1. Franchisees gain numerous advantage when they purchase a franchise. First, while a franchisee may be opening a new store, it is part of an already established business and system. This means a franchisee has access to turnkey operations, allowing an increased speed to establishing and growing the business. Franchisees also get support for management and training activities, as well as financial assistance. Going hand in hand with this, a franchise already has an established brand name, quality of goods and service which have been standardized across the franchisor’s larger company, and national advertising programs from franchisors. Franchises also have large-volume, centralized buying power. A franchise has proven products, and

Sexual harassment is always a legal topic in the work environment because the ramifications are so severe, but at the same time very abstract to describe what can constitute sexual harassment. This paper will take into consideration different elements of the law including Employment Law and cases tried before the U.S. Supreme Court. It will also offer suggestions for corrective action pertaining to the issue of sexual harassment in the workplace.

1. On Market Failure – We said that the rationale for public policy is either market failure and/or government failure. Address the following with this rationale in mind:

Since Shania Jackson is pursuing her first business, a private corporation is a worthy avenue of direction. An initial understanding by Shania that a lack of experience is a commonality of a new business owner must be considered. Inevitably, a multinational corporation is ideal once all the operations of the Christian coffee shop are proven to be efficient, as well as profitable. For example, trial and error will reveal the preferences of variations of coffee together with numerous toppings for the coffee purchased by Colorado residents. In addition, Shania might consider pastries to accompany the coffee. However, the coffee preferences of the Colorado population may vary by a landscape compared to coffee drinkers in Germany. For these

As I frequent the restaurant I have seen first-hand that the management would need an over haul if franchises were ever to be a possibility. Managers at different locations do things differently. An example is the way their subs are made. At one location, onions and tomatoes are put on the Italian sub at another location, these items are not a usual topping, so you must ask for them. There are some difference that would need to more uniform. I understand franchises have their own personal touches to products however the product should have more universal likeness as it is the same

It does seem as though a ‘click’ requirement would have kept the case out of court, however, as demonstrated in the material and the information provided above, the result would not have been different. Essentially, I believe the court did not impose a ‘click’ requirement because the term notifications are sent to the businesses making the data inquiries and after the data is received notifications for terms of the acceptable use of the data are provided in writing to the businesses. Therefore, by accessing and accepting the data, the actions of the business demonstrate an acceptance to the outlined conditions and therefore no ‘click’ is required. Using the data has certain provisions that are outlined in written notices and companies accepting the data are subject to complying with these provisions. There is an offer to provide the data with provisions for use and acceptance to receive the data and comply with their written acceptable use policy. ~No click necessary.

According to Chris Arnold, a spokesperson for the brand; "The reason we don’t franchise is because we don’t need to, companies tend to franchise because they need money to grow and/or operators to run their business. We have plenty of money for growth.” he continues by stating “When you franchise, you give up control over how restaurants are run and that can compromise the experience.”.

The restaurant, Mel’s Country Café is well known within its Houston community. This may be accredited to its target consumer being families and their “homemade” ambiance that is offered through their food and interior design. Their appealing “countryside” design, paired with an efficient customer service and affordable prices makes this restaurant popular, accessible and valuable. The menu offers meals for all times of the day (breakfast, lunch and dinner) (‘Mel’s Country Café,”) and has positive reviews for quality food at quality prices. The roadside location is advantageous because it attracts customers at all hours.

Linda, good job covering this research paper. There are some key points that I agreed with you. Contrarily, we also share some opposing views on some topics. I agree with you that Shania should change the name of her coffee business “The Gathering Place”. Upon searching for whether Shania’s “The Gathering Place” is available to use in the State of Colorado, I came to realize that there are at least twenty businesses that have that name incorporated into their business. Thought, there aren’t any businesses that have trademarked the name “Gathering Place.” Notwithstanding, I will advise Shania to brainstorm and come up with a new business name. There are too many companies that have that name, and to be quite honest the name really doesn’t have the “wow” factor or the uniqueness that it needs.

It has its advantages and disadvantages to franchise the business. It is a careful decision to make for anyone to invest a lot of money into a franchise and everyone should be comparing pros and cons.

Betty has many decisions to make in regards to her new business. She should first and foremost ask God for help and guidance. Psalm 32:8 states “I will instruct you and teach you in the way you should go; I will counsel you with my eye upon you” (ESV, Bible).

In conclusion, the Broadway Café faces a strong buying power and rivalry among competitors due to the large volume of shops offering the same products and services. The threat of new substitute products and alternatives is also high for the same reasons for buyer power. The Café also faces the threat of new entrants due to the lack of insignificant entry barriers. One upside is the relatively weak supplier power. The coffee industry is huge as stated above and vendors are more than ample. With this information we can conceive our business focus. The Broadway Café is best suit for a focused differentiation strategy. We plan to achieve

Concern. Marvin, Shania’s husband, is willing to invest capital to start the business. Moreover, he does not desire to have control or an interest in its operation and management. This implication suggests that Shania could have all controlling interest in her business. Moreover, her coffeehouse could be considered a small business. Based upon these fact and the aforementioned business structures, the best structure that could suit her business needs is the limited liability company (LLC).

After buying the franchise the Franchisee have duties and responsibilities have the rights to Operate the franchise as an owner. Also the franchisee must follow a set of rules that is given by the franchisor. The franchisee must use trademarks or trade dress of the franchise. For example, McDonald’s has a huge M, the golden arches, on their stores and that is the trade mark that has to be used and cannot be changed from the franchisees or it will be a breach of contract that could lead to a huge law suit which is not a good thing. The franchise has option to determine when the contract could end. There is a fixed period of time and they even have the option for renewal to keep the franchise growing.

Franchising is an important and relevant topic for a business plan, especially for a fast food restaurant. Shane & Hoy (1998) claim “Business plans are far more common among franchisors than among independent business owners”. The purpose of this literature review is to critically analyze literature regarding franchising from the perspective of the franchisor. To do this the definition of a franchise should be discussed along with the franchise business model. The management of a franchise should also be considered, exposing the perceived benefits and problems that arise for a nascent franchise business.