Currently, franchising relations are widely used in many areas of public life. The field of education is no exception. Franchising relationships are based on an agreement concluded between the right holder, called the franchisor, and the user of the right - the franchisee. This agreement is called a franchising or commercial concession agreement.

Educational franchising is an effective and very promising business that has a number of advantages not only for the parties to the franchise agreement, but also for society as a whole:

Society receives educational services High Quality because the right holder exercises control in this area;

Educational services are available throughout the territory Russian Federation and even in remote areas.

The basis of franchising is the use of a trademark or, in other words, another brand and the scope of educational services, therefore, there is a clause on trademark protection in the educational franchise agreement. For a university that enters as a franchisee, trademark is the basis of his franchise legal relationship in connection with which he pays cash stipulated by the agreement, it should also be noted that the franchise agreement agreement includes clauses to ensure that the franchisor receives remuneration in the event of a franchise sale. These conditions are of no small importance and are subject to important legal analysis. Such agreements are subject to certain standards, the parties to this agreement (universities) should discuss a number of factors that are of great importance when making decisions about investing in education in providing educational services under a franchising agreement (franchise).

Legal regulation of franchising in the educational sphere (problems and prospects)

When considering this topic, questions may arise - why does the franchisee not simply borrow technologies and teaching methods from the other side, simply by studying them, observing the educational process, without entering into any agreements? Why many educational institutions higher education pay for the right to use the university-franchisor system, despite the fact that they have this information? The answer to these questions is the concept of protection of intellectual property rights. This concept covers a wide range of objects that are subject to protection: inventions, trademarks and service marks, industrial designs, models, methods, literary and educational works, trade names and indications of origin or appellation of origin of goods, the right to suppress unfair competition, as well as much more. These objects are subject to protection by a patent, trademark or other issued authorized government bodies evidence of exclusive rights. And in case of unlawful taking over of ownership of these objects, you can protect them in court. Educational institutions that act as franchisees must necessarily conclude an agreement authorizing them to use intellectual property for a fee specified in the agreement.

Based on the foregoing, we can conclude that when concluding a Franchising agreement, it is necessary to determine which particular intellectual property object of the Supreme educational institution, acting as a franchisor, will be transferred to the counterparty (franchisee), and whether it is really protected from illegal encroachments of its use or act as a subject of sale.

The issue of protecting intellectual property is a very difficult one, because each object included in its list (including educational services) has its own legal significance, as well as its own methods of protection. An example is the protection of the rights to an invention, industrial models, samples, etc. which in turn is very securely protected. The Patent Law of the Russian Federation of September 23, 1992, and then in Part IV of the Civil Code of the Russian Federation, which replaces this law from January 1, 2008, defines in detail the criteria for the protection of industrial and intellectual property, the methods and procedures for recognizing their protectability by the Russian patent office, the rights and obligations of authors and patent observers. This fact can also be linked to the settlement of legal relations for the protection of trademark rights. Russian legislation includes a complete list of relations related to registration, legal protection and use of intellectual property.

Unfortunately, there is no clear regulation of the Franchising agreement in the legislation, the main article regulating this issue is Article 1027 of the Civil Code of the Russian Federation, which defines a franchise as a commercial concession. Therefore, a commercial concession agreement can serve as a model for drawing up a franchising agreement (franchise of educational services), but at the same time, the rights and obligations of each of the participants in these legal relations will be more reliably protected. When drawing up this agreement, it is necessary to focus on the aspect of the subject of the agreement (agreement) - on the exclusivity (exclusivity) of the rights transferred to the Educational Institution, which acts as a Franchise User. The terms of the contract should clearly define such a moment as: will the rights transferred by the franchisor be exclusive, if so, then territorial restrictions are provided (meaning on the borders of which region). Various options follow from this. If, along with the transfer of the right to trademark transfer of educational and methodical materials of publications, methods is supposed, then the conditions for the corresponding regional quotas can be stipulated in the contract. Along with this, the right can also be granted not only to use the transferred exclusive rights, but also to sell them to other Higher Educational Institutions. This procedure can be called a sub-franchising relationship. It follows from this that an educational institution acting as a franchisee will be a franchisor in relation to those organizations to which it resells the franchise.

Educational franchise

A distinctive feature of the subject of a franchise agreement is the obligation to transfer to the franchisee not only the right itself in the form of a license, but also the right to its practical use. Mostly in all cases, this requires the transfer of all educational and methodological material, all documentation, curricula, programs, and advisory support. All this should be detailed in the contract.

If the content of the practical support that was provided to the franchisee is large enough, it can be transferred from the subject of the contract to the annex, which in turn will be the most important part of this contract. most main responsibility A higher education institution that acts as a franchisee in the contract is a fee for using the license. The methods of its implementation are different and include such elements as: a one-time entry fee, a license fee, periodic subsequent payments in the form of deductions from profits (royalty payments), as well as additional deductions may be included, such as fees, for the provision of services for training, etc., but the likelihood that the university - franchisor will reduce some payments from the franchisee. Due to the peculiarity of the subject matter of the franchise agreement, it should also be noted, among other conditions, the obligations of the franchisee to protect the reputation of the franchisor. This fact provides for conscientious observance of the standards established by the university that acts as a franchisor: instructions for the use and organization of educational services, stipulated price range, as well as the issue of transforming the methods of teaching educational services in a particular region.

Not infrequently, the terms of the contract also provide for financial control for the university - the franchisee on the part of the franchisor's university, as well as a number of specific sub-clauses included in the terms of business contracts of all types: types of dispute resolution, terms of the contract, rights and obligations of the parties. One of the most difficult tasks of a university acting as a franchisor when drawing up a standard franchising agreement and fulfilling the obligations stipulated in it is to stabilize a certain level of control over the activities of the franchisee, namely in such circumstances where this control would not be excessive.

An institution of higher education that acts as a franchisor is usually sent employee petitions from the franchisee for compensation or complaints about damages from a third party who has suffered damage in the form of a loss in a relationship with the franchised enterprise. The initiators of these complaints usually rely on the fact that the university franchisor should be responsible for the franchisee's oversights. In most cases, the reason for the requirement is that the university, which is the franchisor, has the right to exercise control over the activities of the franchisee's university.

When drawing up the contract, the university franchisor should also focus on the implementation of the franchise program. Most of all, he is interested in the fact that the franchisee adheres to the system of work that was specified in the terms of the contract, because. this ensures that its good name (brand prestige) is maintained. But at the same time, excessive control over the activities of the franchisee university, for the franchisor, also means that the degree of his responsibility for the activities of the first one increases. Based on this, it can be concluded that the franchisee must create and maintain such a level of control that will not only make it possible to maintain the authority of his Brand in the field of educational services, but also not become a permanent person responsible for negligent actions on the part of the franchisee.

In order to avoid situations where a third party believes that the franchisor's HEI is responsible for the actions of the franchisee's HEI, the first must take certain actions that will make it clear that the franchisee and the franchise system are independent of the franchisor. For example, the university franchisor has every right to require the franchisee to sign a document confirming that he himself is responsible for his obligations and acts independently. In addition, the franchisor needs to create separate Charters for structures that are subordinate to the university itself and separate for other educational institutions of the franchised system. In order to avoid cases of “apparent agent”, the franchisor must include in the terms of the franchise agreement a provision that from the moment of transfer of rights the franchisor is not an agent of the franchisor, which means that the latter acts independently. Moreover, certain aspects may also be included in the educational services franchising agreement, for which the franchisee is solely responsible: for example, the franchisee must be liable for the illegality of his work in accordance with the law.

If the franchisor provides, with the consent of the other party, guidance on the safe conduct of laboratory work developed by him, then this guide should consist of recommendations, not instructions (requirements). The franchisor will also have to explain that only he is responsible for the reliability of the provision of educational services at his university, moreover, he will be obliged to appoint one of his employees responsible for the implementation of these measures. On the other hand, if it is aimed at establishing its own dictate and having the possibility of exerting pressure on it to comply with security measures, then this should be carried out assertively and consistently.

The next obstacle to the full development of educational franchising is the separation of educational and entrepreneurial educational activities at the legislative level, thanks to which, non-profit organizations do not have the right to practice entrepreneurial activity. The essence of the commercial concession agreement is to make a profit.

Significant changes in the legal regulation of educational franchising could occur in connection with the adoption of the relevant law "On franchising". The draft of this law was introduced by an initiative group of deputies back in 2014. However, already in March 2016, the State Duma rejected this draft in the first reading. federal law About franchising.

Further development of this promising direction in the service sector is unthinkable without further improvement of the legislation governing it.

Today, educational franchising is a successfully developing side of the educational sphere.

According to S. A. Nechitailo, educational franchising has a number of advantages in terms of legal support.

First, the franchisor, i.e. the right holder does not need to open, and therefore register branches of his educational institution in areas remote from the head office.

Secondly, the franchisor does not purchase real estate, land, equipment necessary to open a branch of his educational institution in another territory.

Thirdly, the franchisor is not required to conclude employment contracts with the staff of the newly created educational institution.

The level of legal regulation of educational franchising is very limited and needs to be modernized. Mostly, legal regulation educational franchising is carried out on the basis of general provisions on the contract of commercial concession - Chapter 54 Civil Code Russian Federation.

In the promising future, it seems to expand the boundaries of educational franchising throughout the Russian Federation.

However, the legal framework for regulation this issue significantly limits the possibility of further expanding the boundaries of educational franchising. We are talking about part 3 of article 1027 of the Civil Code of the Russian Federation, according to which the circle of users and right holders of a commercial concession agreement is narrowing.

It follows that for the further development of educational franchising, it is necessary to make a number of changes to Chapter 54 of the Civil Code of the Russian Federation, which carries out the legal regulation of these relations.

Summing up, we can say that the application of a franchise agreement in education has a beneficial effect on the level of education of the country as a whole, and therefore a clear regulation of these legal relations at the legislative level is necessary.

DZHIBABOV Mukhamed Raufovich
postgraduate student of the department civil law and the process of the Russian State Social University

Today, even the most negligent parent knows that the sooner a child is educated, the more intelligent, talented and competitive he will become in the future. Officials, top managers and leaders understand this especially clearly. large companies. They were convinced by their own example how important the development of a child is from a young age and what advantages he can get among his classmates, and in the future among his comrades, colleagues and business competitors.

And therefore, despite the economic instability, a modern and responsible mother is ready to invest in her child not only time and energy, but also money.

Therefore, business in the field of education is a more than promising niche. But it is worth understanding that this market every year it becomes more and more crowded - today parents have a large choice specialized schools and centers different direction who are ready to engage in the education of their beloved child. In the presence of large players in the market, you need to seriously think about what kind of business in this area will be highly competitive, profitable and long-term.

We will tell you about 5 niches in the field of children's education, the prospects of which you can see for yourself.

Private or public kindergarten?

Sooner or later, every parent faces the question of which kindergarten to send the baby to - public or private. And every year more and more mothers and fathers make a choice in favor of a private institution. This is not surprising, they know firsthand that in order to get into a budget kindergarten, you need to stand in line almost from the very birth of a child. And the effectiveness of such a pastime for children remains in doubt.

Whether it's a private kindergarten, where you can be sure of the safety, care and development of the child. Only the above points impose certain obligations on the entrepreneur, who needs to take care of everything in advance: select staff, develop training methods and do not forget about food and security. But at proper organization business, the business promises to pay off in full.

You should not worry about the profitability and prospects of a niche - a high birth rate will not leave you without small customers. The average amount of investment required to open a private kindergarten or a center for preschool development - 1 million rubles.

Why are children's sports centers popular?

Modern sports centers are not the “circles” at public schools that we are used to. The conditions and opportunities for children of the 21st century are much better and wider than they were 10 years ago. Since then, the situation has changed a lot, largely due to private successful sports centers, which, by the way, also represent children's franchises on the market.

What is the place of such schools in the market?

It is worth noting that the “sports” business has settled comfortably and occupied a free niche, taking a significant part of the audience for itself. Firstly, private schools will teach children from the age of 3 to kick a ball or overcome long races, while "circles" conduct classes only for schoolchildren. To this, you can say that there are professional children's sports clubs that recruit kids as soon as they have learned to stand confidently on their feet. Yes, such clubs do exist, but only a few get into them - children go through a tough selection process, as a result of which most of them are eliminated. Yes, and paying for classes with a professional trainer, with all the desire, is far from being possible for everyone. Therefore, for most children and parents, a private sports school becomes an ideal option.

As for the direction of activity of such a school, cities with a small population should focus on mass, the most popular sports, such as football, volleyball or swimming. It is worth paying attention to children's franchises in this area. And millionaire entrepreneurs can afford to open a rugby or snowboarding school - here you will have the opportunity to find your audience. The opening of a sports school will take an average of 800 thousand rubles.

Earn in foreign languages

If they give sports as soon as the baby has learned to walk, then learn a foreign language - as soon as he said the first word. Experts are sure that at an early age a child can easily master several languages ​​at the same time.

Entrepreneurs take advantage of this indisputable fact by opening linguistic schools for the smallest. There are quite a few of them today, so here you should think about what would be more reasonable - to launch the center on your own or work in partnership with an existing company that will bring you loyal customers.

Minimum start-up capital when launching your own school, it will amount to at least 600 thousand rubles. If we talk about a children's franchise, taking into account the lump-sum fee, this amount will be higher.

New trend - speed reading and memory development

Teaching speed reading and memory development is one of the latest methods of training the mental abilities and creativity of the child. Accordingly, there are still few centers specializing in this activity, and with proper business organization, entrepreneurs have a great chance of becoming leaders in this niche.

It is worth saying that so far not all parents know about the existence of such centers, so keep in mind that at first you will need to invest in advertising. However, the very first students who have tried the effective technique on themselves and got real results will launch word of mouth in your city.

For the operation of such a center, a special teaching methodology is required, therefore, if you want to enter this niche, it is most reasonable to open a speed reading school for a children's franchise. The franchisor will teach not only how to conduct business competently, but also provide everything teaching materials. Opening your own speed reading school will cost 300-400 thousand rubles. The cost of a children's franchise varies from 350 to 900 thousand rubles.

How to teach children to plan?

Distinctive among the variety of children's institutions is the school of crafts. Here the child will not be taught to read, write or score a goal, but after classes he will know how to hold an ax or a needle, hammer a nail, he will be able to make a wooden toy or sew clothes on his own. In a word, the child not only masters the craft, but also learns the taste of labor.

Yes, craft schools are not so popular, but the secret of success lies in right choice locations. Such a service will be relevant and in demand in shopping and entertainment centers. Moreover, sawing and planing are liked not only by small children, but also by adults - often dad or mom, together with the baby, enthusiastically craft something.

As you already understood, a craft school can offer, on the one hand, a course of study, and on the other, a one-time visit. The format of the business will completely depend on the desire of the owner. The investments required to launch a craft school will be at least 600 thousand rubles. There are no well-known children's franchises in this area on the market yet, on the other hand, you have a chance to be the first to create such a network.

As you can see, there are really a lot of opportunities for business in the field of education today. Moreover, you can start your own business both independently and through a children's franchise of an already well-known brand. Which path to choose is up to you. One thing is for sure, children's education is one of the most reliable and promising niches to date.

Sergey Portyanko

Director of Ecological Conductor LLC

We live in an age of too much information and too little time. Hello. My name is Sergey Portyanko, I am the director of Ecological Conductor LLC. We... Read more

We live in an age of too much information and too little time. Hello. My name is Sergey Portyanko, I am the director of Ecological Conductor LLC. We are engaged in the preparation of environmental documentation and environmental support. By the nature of our activity, we are faced with the need to train our clients in environmental safety and for waste. In search of a partner, we worked with several training centers, but as a result, we chose ANO "Specialist". Why? Because this organization solves two problems that I have voiced. It is very convenient to study on the ANO "Specialist" platform, everything is structured there. There only useful information, which is not for show. Receiving information, the manager can take right decisions on the issues in which he is trained. Of course, these are people, these are ANO employees who help us work with our clients. We get all the information we need. Of course, this is a platform price policy The specialist is very pleasantly surprised. Since the new year, prices have been reduced, although we have been operating since 2018. We highly recommend everyone to work with this organization and consider them leaders in the market distance learning. Thanks

Ekaterina Mironova

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Clarity, efficiency, constant monitoring, transparency in relationships and a convenient system of distance learning - all this is the training center of ANO "Specialist". My acquaintance began in 2014. That was the first time we tried the distance learning system for our employees. To date, we have built mutually beneficial, convenient, comfortable mutually beneficial relationships.

Panin V.N.

CEO JSC ETC "Prometey"

Distance learning is very practical, accessible and effective. There is necessary resources for training, the possibility of communication with managers. Thank you... Read more

Distance learning is very practical, accessible and effective. There are necessary resources for training, the ability to communicate with managers. We thank the organizers of the distance courses ANO "Specialist" for the opportunity to study, for the detailed training material.

Fateev A. A.

Director of UF OOO AP "Gazprom Avia"

UF LLC AP "Gazprom Avia" expresses its deep gratitude for operational work in conducting distance learning programs "Providing ... Read more

UF LLC AP "Gazprom Avia" expresses its deep gratitude for the prompt work in conducting distance learning programs "Ensuring environmental safety by managers and specialists of general business management systems" and " Professional training persons for the right to work with waste of I-IV hazard class. Distance learning is a huge plus. Lectures are very accessible and well presented. I would also like to note the efficiency in sending documents and the attractive cost of training.

Education, obtaining new knowledge are important components of people's lives, especially children. The provision of services in this industry is not only profitable, but also socially beneficial business. The relevance of opening private kindergartens, courses, training seminars, sports schools is explained by the lack of public institutions. They are simply not enough to accept the entire flow of those wishing to study.

Work in the educational sphere is relevant not only in large cities, but also in small ones. settlements, which allows you to think about opening, for example, a private kindergarten. But it is not easy to engage in this type of entrepreneurship - people place increased demands on the quality of education for themselves and their children. Therefore, it will be difficult to work in this area without experience. But there is also an alternative. You can buy a franchise in the field of education, enlisting the support of the franchisor and getting a ready-made model not only for doing business, but also for training.

Infobusiness is today the most profitable area business. After all, training in itself does not require serious expenses. You just need to have the knowledge to teach other people. And when a businessman starts working in the educational field on a franchise, then all he needs to do is organize the work correctly and find start-up capital.

An educational franchise is a franchise that allows you to teach other people. The following varieties are most common:

• kindergartens ("Baby Club", "Point of Growth");
• developing centers ("Orange Elephant", "Constellation");
• centers for children of school and preschool age("Unium");
• private schools and lyceums (football school "Junior", vocal school Vocal Work, international lyceum "Renaissance");
• leisure centers (“Professor Nicolas Science Show”);
• schools of linguistics and courses foreign languages("Linguitania", "Polyglottics", ABC School);
• training schools ("School of sales of Larisa Tsvetova").

Schools of linguistics are especially relevant today. Many parents enroll their children in language courses. The most popular languages ​​are:

1. English;
2. French;
3. Chinese;
4. Italian;
5. Spanish.

Schools that develop various skills in children: sports, music, dance, drawing and others are also in great demand.

It is important to choose not only a well-known, but also an effective franchise that will allow the entrepreneur to develop. Therefore, it is worth paying attention to what training methods the franchisor uses, whether he uses any innovative methods and approaches.

Benefits of working on an educational franchise

An educational franchise will be necessary for a novice entrepreneur, unless of course he himself is a teacher. Although they often need help building own business. By purchasing a franchise The entrepreneur receives the following benefits:

• the ability to avoid numerous mistakes (in matters of organization of training, legal and bureaucratic blunders);
• availability of ready-made business solutions, training methods that eliminate the need to develop them yourself;
• assistance in obtaining a license;
• the right to use an innovative approach;
• the opportunity to work under a well-known brand, which in itself helps to attract customers;
• low cost for the ability to work with almost ready-made business;
• high probability of success (including due to the demand for educational services);
• availability of constant information support, updates and improvements in the methods used;
• access to seminars and staff training courses.

Flaws

There are not so many disadvantages of an educational franchise. The most significant are:

• the presence of restrictions (for example, if you open a language school on a franchise basis, you will have to work according to the existing methods, it will not be possible to open additional circles, for this you will have to create new center with another direction of work);
• high requirements from the franchisor;
• the risk of acquiring an inefficient franchise, wasting money in vain.

Overview of the most requested offers

To choose a truly effective and working franchise, you need to study the terms of cooperation in detail, get acquainted with the results of the work of various franchisors and their franchisees. Let's take a closer look at a few educational franchises.

The company allows you to purchase a franchise of a kindergarten or a game club that allows children to develop intellectually and express themselves creatively. The organization has been operating in the educational services market since 2000, and launched its franchise in 2009. During this time, more than 250 gardens and clubs were opened throughout the country.

The conditions for the Baby Club franchise are as follows:

• the lump-sum contribution is 1.2 million rubles;
• royalty is 15 thousand rubles per month;
• to open, investments in the amount of 3 to 8 million rubles are required.

It is better to purchase such a franchise for large cities so that the business can quickly pay for itself.

Under this franchise, you can open a language center for teaching children aged 1 to 12 years. The company offers its franchisees a unique methodological program. The organization has been operating for almost 10 years, and it launched its franchise in 2012. At the moment, more than 25 language centers have been opened throughout Russia.

The conditions for this franchise look like this:

• the lump-sum contribution is 250 thousand rubles;
• royalty is 12 thousand rubles (in summer period fee is halved).
• to open your center, investments in the amount of 460 to 800 thousand rubles will be required.

Summing up

An educational franchise is a great idea for starting your own business. The help of the franchisor will save money and avoid mistakes. And advanced training and courses for teachers will certainly develop the potential of employees.