• Title/Summary/Keyword: Franchise Contract

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The Mediating Effects on Relationship Quality Between Support Services of Franchisor and Re-Contract Intention in Food Service Franchise (외식 프랜차이즈 가맹본부 지원서비스와 재계약 의도 간의 관계품질의 매개효과에 관한 연구)

  • Lee, Sang Suk
    • Asia-Pacific Journal of Business Venturing and Entrepreneurship
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    • v.14 no.3
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    • pp.141-151
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    • 2019
  • This paper aims to investigate the moderating effects of relationship quality between support services of food service franchisor and performance(re-contract intention) in food service franchise. For analyzing the relationship of them, the support services of food service franchisor categorized with initial service and continuous service. Also, the factors of relationship quality(satisfaction, trust, commitment) classified into detailed subfactor by confirmatory factor analysis. As a result, we found some statistically significant effects between the support services of food service franchisor and factors of relationship quality, and they sequentially affects to re-contract intention. Also, it's analyzed that factors of relationship quality have a role as a moderating variables by research model. That is, as a presented with previous research, there is verified that relationship quality is caused by support services of food service franchisor. Also, relationship quality factors significantly affect to performance(re-contract intention). Some guidelines for practicing potential food service franchise as a result of this would include; first of all, it is important to support the potential food service franchise consulting approach for some competitive advantage; secondly, effective governmental support programs for food service franchise should be developed for positive impacts of according to these results.

Franchise Transaction Contracts and Resolution of the Related Disputes (가맹사업거래 계약과 분쟁해결)

  • Cho Tae-Hyon
    • Journal of Arbitration Studies
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    • v.14 no.2
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    • pp.173-198
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    • 2004
  • Recently in Korea, franchise system has been specially used in the distribution industry. However, it also brought up many problems caused by various issues between franchisor and franchisee. The purpose of this article is to review recent trend of the franchise transaction contracts and resolution of the disputes in Korea. And to expand to use of ADR(Alternative Dispute Resolution) system as a practical dispute settlement procedure including mediation and arbitration. Arbitration means a procedure to settle any dispute in private laws, not by the adjudication of a court, but by the award of an arbitrator or arbitrators, as agreed by the parties. Arbitration agreement is a prerequisite for either party to a dispute to commence arbitral proceeding and may be in the form of a separate agreement or in the form of an arbitration clause in a contract and shall be in writing.

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Joining Motive of Eating Out Franchise Management System and the Relation between a Rate of Satisfaction and Renewal of a Contract Intent (외식 프랜차이즈 운영시스템의 가맹동기 및 만족도와 재계약의도)

  • Jeon, Young-Jick;Won, Yoong-Hee
    • The Journal of the Korea Contents Association
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    • v.8 no.11
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    • pp.364-374
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    • 2008
  • The study demonstrably begins with the franchise system that found management of member store for office, the satisfaction that the relation between main office and member store and the difference with renewal of the contract. According to the result of the study that analyzed the difference in the rate of satisfaction that depended on individual peculiarities, the study found the statistical difference in a part of a category of business, a school career, a business career, a floor area, a selling level and presence of experience. The floor area and the selling level are distributed into 3 groups and the category of business, the school career, the business career and presence of experience are distributed into 2 groups. In addition, the result that analyzed the difference in the rate of satisfaction that depended on the motive found that improvements were distributed into 2 groups and there was the difference between the rate of satisfaction that depended on renewal of the contract intent.

The Effects of the Benefit-Sharing Activities through Dynamic Trust on Recontract Intention in Foods-Service Franchisers (외식 프랜차이즈 사업의 성과공유활동이 동태적 신뢰를 통해 재계약의도에 미치는 영향)

  • Kim, Ha-Kyung;Park, Hyeon-Suk
    • Journal of Distribution Science
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    • v.14 no.7
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    • pp.101-114
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    • 2016
  • Purpose - The aim of this study is to investigate the benefit-sharing activities. They affect contract renewal intention between franchisers and franchisees that are linked through a contract with the intention of building their relationship from the level based on dynamic trust. This study will show a new approach on qualitative growth and consolidation of competitive power and may well be able to suggest practical ways to strengthen directions in the field of franchise industries. Research design, data, and methodology - In this study, based on literature review, we separated logistical-supporting activities and non-logistical-supporting activities from benefit-sharing activities. We modeled how benefit-sharing activities influence contract renewal intention of franchisees by dynamic trust. In particular, considering the possibility of trading concepts and characteristics of trust between providers opportunistic behaviors was defined as variables, depending on the situation and dynamic characters reveal their relationship trust concept. That is, dynamic trust having the possibility of changing depending on opportunistic risks and interdependencies by Lewis & Weigert(1985, 2012) was classified into transitional-based trust, calculated based trust, relational-based trust and balance-based on trust. The total of 104 samples from domestic franchisees being with franchisees were collected by using a structural composed questionnaire. Results - The results are as following. Benefit-sharing activities in logistical supporting activities appeared to affect the multidimensional concept of transitional trust, calculated based on trust, relationship-based trust and balance based on trust dynamic trust with all-defined impact. Non-logistical supporting activities appeared to affect significantly the positive (+) to the dynamic trust concept except transitional trust. Lewis & Weigert(1985; 2012) have proposed a dynamic confidence calculated from relations within-based trust relationship based on trust appears to affect the significant positive (+) to the balance-based confidence transactions confidence mechanism of the system side in the verified relationship. Finally, a relationship based on trust and confidence in the balance based on the Influence of dynamic renewed confidence showed significantly affect the positive(+). In particular, the balance based trust showed the acts as a mediating factors between relational trust and confidence and renew calculated. Conclusion - From the above these results, the significance from this study is as following. First, the proposed activity is to share and validate the approach by identifying the potential in the relationship from the contract with building dynamic trust, and one of the ways from the franchise headquarters and affiliated merchants mutual growth through win-win cooperation in sharing activities. Next, the dynamic segmentation confidence to suggest the possibility can be broken down over the validity and reliability test for each concept. In addition, by identifying the relationship between the dynamic level of confidence granular multi-dimensional concept, to determine the level of trust with a dynamic relationship between risk and interdependencies can be possible in franchise industries. In order to maintain and develop their mutual relationship, franchise industries should propose confidence-building steps to promote their quality improvement.

Investigating Relationship between Control Mechanisms, Trust and Channel Outcome in Franchise System

  • YI, Ho-Taek;FORTUNE, Amenuvor Edem;YEO, Chan-Koo
    • Journal of Distribution Science
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    • v.17 no.9
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    • pp.67-81
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    • 2019
  • Purpose - The overarching aim of this study is to empirically test the effect of ex-post control mechanisms on multi-dimensional trust and channel performance in franchise systems. Although the franchise system is a vertical marketing channel based on trust between the franchisor and the franchisees, issues related to franchisee's opportunistic behavior have persisted and thus requires research into the effective control system of franchise headquarters. Research design, data, and methodology - In this study, data was collected from 150 franchises to identify the effect of two types of franchising headquarters' control system on the multi-dimensional trust and franchise channel outcome between franchisor and franchisee. To test the hypotheses intended to achieve this aim, structural equations modeling technique is utilized. Results - The results of this research reveal that among the two formal control systems studied (output and process control), output control positively and significantly affects multidimensional trust. Additionally, among the three dimensions of trust employed in this study, only expertise has a positive and significant effect on contract compliance. Equally, only expertise and integrity have a negative and significant effect on opportunistic behavior. Conclusions - The study provides managerial and theoretical insights into understanding ex-post control mechanisms, trust, compliance and opportunistic behaviors in franchise systems.

An Exploratory Study of the Effect of Franchisor's Training on Franchisee's Trust and Franchisor-Franchisee Relationship Satisfaction (프랜차이저의 교육 훈련이 신뢰 및 관계 만족에 미치는 영향에 관한 탐색적 연구)

  • Lee, Eun-Yong
    • Culinary science and hospitality research
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    • v.16 no.3
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    • pp.174-187
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    • 2010
  • The purpose of this study was to examine the effect of franchisor's training on franchisee's trust and relationship satisfaction. In addition, it investigated the difference in the perception of franchisor's training system by the duration of the franchise contract and the frequency of franchisor's visiting. In order to carry out the empirical study, a questionnaire was distributed to franchisees from July 26 to September 1, 2009, and a total of 255 copies were returned and used for analysis. In analyzing the data, three factors of the franchisor's training were obtained: pre-training, franchisor training, and supervisor training. These three factors had a significant effect on franchisee's trust and satisfaction with the relationship. Also, There was significant differences among franchisor's training by duration of the franchise contract. The findings of the study suggested useful implications in the related industries.

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A Study on the Conditions, Trust and Intention to Contract of Franchise Head Offices under the Food Service Franchising Establishment (외식 프랜차이즈 창업자 환경이 가맹 본부 조건과 신뢰.계약 의사에 관한 연구)

  • Park, Hoen-Jin
    • Culinary science and hospitality research
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    • v.16 no.1
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    • pp.226-238
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    • 2010
  • This study investigates the recovery of trust and provision of a contract between a franchiser and a franchisee in the food service industry. It has come to the following results after analyzing the inter-affections among the franchisers' conditions, the trust level of their support and their intention to contract. First, such factors as experience, confidence, and expertise of a franchisee have significant effects on the terms of a franchiser. Second, ad support, experience, expertise, confidence, and capital factors have significant effects. Third, such factors as history of a franchiser, the number of its franchisees, its brand have significantly influence on trust. Fourth, educational support, utilization of job instruction and purchasing of packages have significant effects on intention to contract.

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A Study on the Improvement of Working Conditions and Win-Win Support for Franchisees (프랜차이즈 가맹점의 노동조건 개선 및 상생지원 방안)

  • PARK, So-Min
    • The Korean Journal of Franchise Management
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    • v.13 no.4
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    • pp.23-37
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    • 2022
  • Purpose: The Korean franchise market has undergone drastic growth in recent years. Followed by expansion of franchise business types, relevant legal matters have diversified. Compared to conventional economic laws that focused on resolving problems related to unfair transactions between franchisors and franchisees, more diverse labor laws have emerged recently due to governance and economic dependencies of franchise structure. However, it was found that the business environment of franchisees and working conditions of franchisee employees have not changed accordingly due to the unique structure of franchise business. Though franchisees are entrepreneurs independent from franchisors, they are still under franchising contract with the franchisors. For instance, employees of franchisees have been exposed to malpractices in regard to pay, time, and other working conditions. These malpractices may show the ineffectiveness of current labor laws. Labor management is an important issue for sustainability of franchise businesses. Negative publicity of franchises generated from violating relevant labor laws may have significant negative impact on overall image of franchised brands. However, franchisors should not hold franchisees fully responsible for legal violations in terms of labor management but strive to prevent relevant risks. Thus, the recent amendment in labor law related to increased minimum wage and reduced worktime have called for more attention to effectively implementing the law. Research design, data, and methodology: This study was conducted through a review of franchise-related laws and various institutions and policies. Results: It is further needed for all parties, including franchisors, franchisees, and franchisee employees, to take collaborative actions to improve working conditions of franchisees. Therefore, this study aims to propose appropriate and effective response plans toward recent changes in the Minimum Wage Act, while strengthening sustainability of franchisors, franchisees, and their employees. Conclusions: The proposal mainly contains plans regarding profit-related aids and profit sharing/cost reduction strategies for franchisees, as well as collective bargaining in the franchisor-franchisee relation. More detailed suggestions are included. Conclusions: This proposal may help franchisors and policymakers develop business plans and policies in improving business conditions of franchisees and working conditions of franchisee employees.

Legal Issues on the Franchise Disputes and their Settlement by Arbitration (가맹계약분쟁과 중재에 관한 법적 문제)

  • Choi, Young-Hong
    • Journal of Arbitration Studies
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    • v.17 no.1
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    • pp.57-75
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    • 2007
  • Ever since franchising emerged in the industry of distribution, it has been growing explosively in the U.S.A. and all other countries as well. It is a method of expanding a business by licensing independent businessman to sell the franchiser's products and/or services or to follow a format and trade style created by the franchiser using the franchiser's trade marks and trade names. Franchising is a form of business that touches upon many different areas of law including, but not limited to, general contract law, general principles of commercial law, law of intellectual property, competition law, fair trade practices law and other industry specific laws e.g., the Fair Practices in Franchising Act in Korea. Arbitration is a long established, legally recognized procedure for submitting disputes to an outside person(s), mutually selected by the parties, for a final and binding decision. Despite its merits as an alternative dispute resolution, it has been criticized, on the other hand, particularly by franchisees' attorneys on the ground that even though it is required to protect the franchisees against the enforcement of pre-dispute arbitration agreements because of the franchisees' paucity of bargaining power vis-a-vis the franchiser, arbitration cannot afford it. Until recently, however, little has been written about the legal issues pertaining to franchise agreement and arbitration clause contained therein in Korea. This treatise reviews the cases and arguments in relation to the subject especially of the U.S.A., which have been accumulated for decades. The issues addressed herein are the pre-emption by the FAA, the disputes to be arbitrated, the selection and qualification of arbitrators, the place of arbitration hearings and the evidentiary rules applicable, the expenses of arbitration, theory of fiduciary duty and the like, all of which are relevant to franchise agreement.

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A Study on the Franchise Business Environment and its Strategy in United Kingdom (영국 프랜차이즈 사업 환경과 진출 전략에 관한 연구)

  • Jang, Han-Byul;Lee, Sang-Youn
    • The Korean Journal of Franchise Management
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    • v.3 no.2
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    • pp.39-54
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    • 2012
  • Franchise system in Korea has been developed in different way compared with American way of franchising based on mutual contract and intellectual property context. Korean franchising is mostly based on product distribution franchise concept rather than business format franchise in which franchisor makes revenue sources from providing their products as much as possible thru group purchasing and logistics rather than receiving royalty. Many franchise enterprises from Korea drive to enter into global franchise market based on the successful performance of Korean way of franchising. Korean enterprises are required to prepare completely for research and survey regarding local culture, custom, way of life and legal matters etc. when entering into global franchise market to gain a substantial performance. CaffeBene recently entered into American franchise business with success, and many other Korean franchise enterprises have a deep interest in proceeding with global franchise business modeling CaffeBene case. There is no Korean franchise enterprise in United Kingdom in which service franchise area in particular with personal service is considered to become a promising and potential franchise business and many people show a great interest in Oriental foods and beverages with well-being trend. Korean franchise enterprises have now access to United Kingdom easier because IT industry including internet of the country have been developed by leaps and bounds since London Olympic in 2012. The purpose of this study is to suggest key success factors and basic strategy such as situation analysis, selecting business format, and marketing strategy for successful launching of franchise business in United Kingdom.