The International Franchise Entrepreneur

Every Franchise Concession Has a Bill, and Someone Pays It

By LUCIEN NEWTON

A royalty break may save one struggling franchisee today, but it can create a precedent that weakens discipline and trust across the network.

In November 2009, the National Franchise Association, representing more than 80% of Burger King's U.S. franchisees, sued its own franchisor. The reason was a one-dollar sandwich.

Burger King had put the double cheeseburger on its value menu at $1.00. Franchisees calculated it cost at least $1.10 to make, about 55 cents in beef, bun, cheese and toppings alone, the rest in rent, labor and royalty. Every sandwich sold lost the operator roughly a dime. The more customers loved the deal, the more money franchisees lost. The case settled in 2011, and the sandwich went back on the menu at $1.29.

Keep that image in mind, because it holds the entire argument in one frame.

Every concession has someone who pays for it. Always. The question is never whether the network pays. It's who pays, when, and at what interest rate.

The Burger King case is easy to see because the concession went to the customer and the bill landed on the franchisee, who organized and sued. What worries me far more is the reverse version of that same arithmetic. The concession goes to the franchisee, and the bill lands on the franchisor's economics and on the health of the whole network. That version never produces a lawsuit. It never makes headlines. It produces gratitude, in the short run. Which is exactly why it's cancer, not a wound.

A wound hurts, bleeds, shows up, and heals. You see it, treat it, move on. A cancer doesn't hurt at first. It grows quietly inside healthy tissue, feeding on the organism's own resources. By the time there's a symptom, it has already spread.

A single concession behaves exactly like that. It's small, fair, defensible, and individual. One franchisee hit a real problem. The franchisor forgave three months of royalty. Nobody would object looking at that decision on its own.

The problem is that a concession isn't an event. It's a precedent.

The day a franchisor forgives three months of royalty on one unit, it hasn't done a kindness. It has published an unwritten rule. In this network, when results don't come, the contract is negotiable. That rule travels faster than any official memo, through the franchisee group chat, the most efficient and least managed channel any network has. Within weeks, everyone knows. Within a few months, there's a line. And the line isn't made up of the neediest operators. It's made up of the ones who negotiate best.

That's the first metastasis, and it's a cruel one. The concession doesn't help whoever needs it most. It helps whoever asks best. The franchisee who does the work, pays on time, holds the standard, and never calls to complain never gets in that line. Months later, he finds out the underperforming neighbor down the road is paying less than he is. You haven't lost a bad franchisee at that point. You've lost the trust of your best one, and that trust is the only asset a franchisor actually owns.

There's a name for this, and it wasn't invented in franchising. Economist János Kornai spent his career studying why state-owned companies in socialist economies never died, even while running permanent losses. He called it the soft budget constraint. When an organization learns, from experience, that someone will cover its losses, it stops behaving like an organization that has to perform. Not out of bad faith. Out of rationality. If rescue is likely, spending energy on efficiency is wasted energy. The damage isn't the bailout itself. It's the expectation of one, and that expectation corrodes discipline long before any money changes hands.

Swap "state-owned company" for "franchised unit," and "paternalistic government" for "franchisor afraid of losing a location," and you have an exact description of what happens inside a network that turned generous out of fear. Past a certain point, the franchisee isn't managing the business against the market anymore. He's managing the relationship with the franchisor, because he's learned that negotiating pays faster than operating. And he's right. If three forgiven months beat thirty days of sales effort, the rational move is to call the franchisor, not the customer.

Forgiving royalty carries a second, quieter cost too. Every dollar forgiven has to be replaced somewhere, and the fastest replacement is selling another franchise. So the system sells more units to cover the hole the concession opened, which speeds up the exact problem the concession was meant to fix.

What happens when a franchisor won't build real governance and just keeps handing out relief instead? Someone else builds it. In October 2018, more than 400 McDonald's operators met in Tampa and formed the National Owners Association, an independent, self-funded group built on the idea of owners serving owners. It wasn't the franchisor's initiative. It was a response to one, driven by concerns over unit profitability. A similar pattern played out at Subway. When the chain brought back the $4.99 footlong, close to 900 self-identified franchisees across 39 states signed a petition warning it would close stores, and franchisees filed complaints with the Federal Trade Commission.

Notice what's common to both cases. The conflict was never about communication or relationship. It was about the number left on the operator's register at the end of the month.

No franchisor ever went under for collecting what it was owed. Plenty went under because they never explained why what was owed didn't fit in the franchisee's register, and paid to avoid having that conversation instead.

Ask yourself two questions before you grant the next exception. How many franchisees in your network are currently running under some kind of exception, and what share of the system does that represent? And of the concessions you granted more than a year ago, how many of those units actually recovered? If you can't answer either one with a number, you don't have a relief program. You have a habit, and unlike a concession, a habit never comes with an expiration date.