Each year in Washington D.C., the IFA joins forces with the International Bar Association’s Franchising Committee (IBA) to hold the IBA/IFA Joint Conference immediately after the IFA Legal Symposium. This was my first year attending. As our international franchise practice grows, I found it a rewarding opportunity to educate myself about the latest issues facing international franchise practitioners. The most fascinating and lively discussion was held during an interactive workshop entitled “Disruptive New Technologies and Franchising.”
During the workshop, the panel walked through how international brands like McDonalds allow franchisees to utilize GrubHub, Doordash and UberEats to deliver hot food to consumers at a low cost. The most technical discussion revolved around calculating the royalty fee on third party delivery services. These services impose an average charge of 20% of the menu price for delivery. Does the franchisor charge royalties on gross revenue or does it collect royalties on a different calculation taking into consideration the service charges? Franchisors looking to collect royalties on the full price argue that the service fees are just like any other expense associated with operating the franchise. However, the economic reality is that the narrow profit margins in the food industry make it difficult for franchisees to turn any profit from these sales.
While the panelists discussed many issues, the most interesting addressed delegating responsibility for data security breaches. The form of service agreements between these delivery services and franchisees are often 5-7 pages at most. Most require the restaurant to maintain responsibility for customer personal data and indemnify the delivery service for data breaches. However, franchisees use the delivery system’s software platforms to collect customer data giving delivery service’s like GrubHub and UberEats access to the physical location, likes, dislikes, eating and spending habits. What happens when these delivery services decide to launch their own restaurant concepts in direct competition of the franchise systems? This is exactly what the delivery service, Deliveroo, did last year.
These and other concerns raise the question of whether the benefits, if any, to using these disruptive technologies, outweigh the hassle and risk exposures.
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