West Coast Franchise Law - August 2023

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August 2023

600 Stewart Street #1300, Seattle, WA 98101 | westcoastfranchiselaw.com | (206) 724-0846

A Rough Ride

How I Got Off an Unintentional Roller Coaster

We all take risks in life, and hopping on an amusement park ride is one of the safest ways to get an occasional thrill. National Roller Coaster Day on Aug. 16 celebrates how fun it is to be a little scared. If you want to be terrified, I recommend the Big Apple Coaster in Las Vegas. It sits on top of the New

I nodded, somewhat worried he was about to agree. But instead, he replied, “You’re not special. Everyone feels like that. So, pick yourself up, and let’s get some lunch.”

It is some of the most meaningful advice I’ve ever received: Stop being so hard on yourself. I had a lot to learn but could only improve if I kept trying. Meanwhile, I realized my failures seemed much more significant to me than they did to anyone else. But while I learned fairly early that you can’t win them all, it took me a lot longer to stop fixating on the ways I might lose. An attorney’s job is to look for risk and consider how something could go wrong, and that tendency can feel impossible to turn off. The what-ifs bled into my personal life and created stress. I couldn’t stop thinking about the endless negative possibilities.

York-New York casino, includes several hairpin turns, and even briefly drops down the side of the building. But as fun as a roller coaster ride can be, no one wants to feel held hostage to one. We often compare the ups and downs of life, careers, and business to a roller coaster, but nonstop adrenaline isn’t good for anyone. We’ve got to learn to weather the highs and lows while keeping our heart rates in check. I had to learn that lesson quickly as an attorney. During my first six months on the job, I went to court and lost a motion. But I didn’t just lose — I lost badly .

The judge was harsh and gave me a good dressing down. I felt embarrassed and even wondered if becoming an attorney was the right call. I went back to the office with my head down and spent an hour or two moping.

Eventually, I had to decide enough was enough. There’s a difference between having a plan and worrying nonstop, and I needed to teach myself where the line was. Both at work and home, I learned to consider a problem’s possibilities and set them aside. I worry about things only when and if I need to. In truth, it’s a matter of self-preservation. Since I began looking at things that way, my personal and professional lives have been considerably enhanced. An amusement park ride can be fun, but getting on one must be a choice. I’m happier now that I’ve learned to disembark the unintentional roller coaster I created in my mind. It’s so much more peaceful on solid ground.

Eventually, one of the other attorneys at the firm came in.

“So,” he said, “I heard you had a motion this morning, and it didn’t go so well.”

“You heard right,” I grimaced.

– Nate Riordan 1 (206) 724-0846

“I bet you feel like you’re making a bunch of mistakes and aren’t very good at this,” he said. “Does that sound right?”

Don’t Remove Your Shoes Reduce Pre-Flight Wait With TSA PreCheck

When you arrive at the airport, you likely feel resigned to the hassle of waiting in a long security line and taking off your shoes. But did you know there’s an elite flight club full of people who don’t need to go through that routine? They have that privilege because TSA PreCheck has confirmed they aren’t a security threat. Best of all, the program is inexpensive and easy to join. The Transportation Security Administration (TSA) began the TSA PreCheck program in 2013 to improve frequent flyers’ experience. TSA performs an enhanced security screening on applicants and issues those who pass muster a Known Traveler Number (KTN) that entitles them to fewer security checks at the airport. A TSA PreCheck registration, however, won’t let you waltz straight from the parking lot to your plane. Members must still walk through

a metal detector and allow the TSA to X-ray carry-on items. But people with TSA PreCheck can bypass the full body scan or pat down. They also keep their shoes and belts on while leaving laptops and appropriately sized liquids in their carry-on bags. Finally, PreCheck passengers have a designated security line where, in March 2021, TSA reported the average wait was only 5 minutes.

and you can apply with an online application. You must finish registration and submit fingerprints at an in-person enrollment center, but most appointments take about 10 minutes. Five years of enrollment costs $78. At that price, even those who only book one round-trip flight a year might decide to avoid the typical security hassle. Further, many credit cards will reimburse the cost. TSA PreCheck isn’t the only method on the market. Nexus is another domestic security program, and Global Entry allows expedited processing through customs and immigration when returning to the U.S. on international flights. Which service best meets your needs depends on your travel habits. But if you fly regularly, these programs are almost certainly worth your time and money. Don’t get left behind — consider enrolling before your next trip!

The vast majority of airlines and airports operating in the U.S. accept TSA PreCheck,

A Human Touch

GET TO KNOW YOUR DINERS WITH CUSTOMER PERSONAS

Business owners must face a harsh truth: Not everyone wants to buy what you’re selling. Trying too hard to appeal to everyone can dilute your allure to your most likely diners. Since you’ll never convince everyone to eat at your restaurants, your time and money are best spent on those most likely to visit. The trick is finding them. You may be familiar with the concept of buyer personas or customer avatars. Both terms refer to a fictional character representing the customers most likely to visit your business. Buyer personas go beyond target demographics to help you understand who your customer is and what motivates them. A buyer persona (or diner persona) aims to get as specific as possible. Generally, marketers go so far as to give their personas names and images. While age, gender, and income are essential components, a persona must dig deeper. You should know their family structure, whether they work, why and how often they eat out, and what factors they consider in choosing a restaurant. Are they price-conscious or looking to splurge? Are they primarily focused on raising a family or building a career? Do they want a human interaction or a no-fuss transaction?

In other words, you need to dive deep into your market research. The most effective tactics involve surveying your existing customers for their preferences and habits. It’s not as difficult as you think. A 2022 PWC survey found 82% of customers are willing to share some personal information for a better customer experience. A 10% discount will probably make your poll even more enticing. Remember, personas are distinct with easily identifiable characteristics — your business should almost certainly have more than one. For example, your customer base might include Cindy, a busy mother who values healthy options but doesn’t have time to cook, and Jason, a young professional who prizes convenience and taste over nutritional value. Understanding their unique motivations will allow you to market and serve them better. Personas will help you decide where and how you advertise, but they can do more. Your staff should know about your hypothetical Cindy and Jason, too. With the proper training, they’ll learn to recognize different personas in the “wild” and offer tailored services and experiences to keep them coming back.

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Ease Staff Shortages With Digital Kiosks The Future of Ordering Is Already Here

Staffing shortages from the pandemic are still with us and might constitute the new normal. Restaurants have been hit particularly hard, creating customer service problems and headaches for managers and owners, but technological solutions are filling those gaps quickly. The same automation tools observers once worried would cause unemployment are doing jobs that are now nearly impossible to fill. Digital ordering kiosks began popping up in quick-serve restaurants years ago, but their presence has become more common since businesses began opening with reduced staff in 2020. These all-in- one systems allow customers to browse menu options, select their food choices, and pay, all without speaking to an employee. In addition to reducing the need for front-of-house staff, digital kiosks also improve the ordering experience for many customers. Customers are generally less likely to make errors when inputting their own orders, and kiosks make customization simpler for harried staff. Furthermore, loyalty program prompts automatically appear and tend to increase utilization.

phrase, “Do you want fries with that?” an ordering kiosk organically places suggestions next to the customer’s selections. An enticing photo can help your diners realize they might want a side, smoothie, or dessert after all. Not all customers have caught up with the digital revolution; some still prefer to place their orders with a live human. But with fewer cashiers and longer lines, more people gravitate toward kiosks and enjoy their convenience. While most restaurants continue to employ at least one cashier, kiosks allow managers to close all registers in a pinch. Despite the upfront cost and ongoing service fees, most restaurant owners who use kiosks report savings due to reduced payroll. As customers become increasingly comfortable with digital ordering, there may be more savings soon. Of course, we’re nowhere near a fully automated restaurant. Franchise owners will continue to need employees to prepare food and clean, among many other tasks. But digital kiosks allow restaurant management to concentrate their limited staffing on the areas that require a human touch — reducing frustration for customers, employees, and you.

Ordering kiosks also ensure you don’t need to rely on your staff for upselling. While employees and customers alike might cringe at the

GRILLED HALIBUT WITH ROASTED RED PEPPER SAUCE

TAKE A BREAK

Celebrate the last month of summer with this light and fresh recipe!

Ingredients: •

Inspired by FoodAndWine.com

1 16-oz jar roasted red bell peppers, drained

• • • •

1 tsp kosher salt

1/4 tsp black pepper

• • •

5 garlic cloves

1/2 cup olive oil

1 tbsp sherry vinegar

4 6-oz skin-on halibut fillets

2 tsp honey

Directions: 1.

In a food processor or blender, mix bell peppers, garlic, vinegar, honey, salt, and black pepper until smooth. Transfer sauce to a bowl; whisk in oil. 2. Into a large plastic zipper bag, pour 1 cup of sauce; add halibut fillets and seal bag; turn to coat fillets. Let marinate in refrigerator for 20 minutes. Reserve remaining sauce for serving. 3. Preheat a grill to medium-high (400–450 F). Remove halibut from marinade; scrape off excess. 4. On oiled grill grates, arrange fillets and grill, covered, until fish flakes easily, 4–5 minutes per side. 5. Transfer fillets to serving plates or a large platter. Drizzle with reserved sauce. Serve alongside preferred veggies and crusty bread.

Solution:

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600 Stewart Street #1300 Seattle, WA 98101

westcoastfranchiselaw.com | (206) 724-0846

IN THIS ISSUE 1 2

Are You on the Right Ride? Travel Like a Pro With TSA PreCheck Uncover Diner Motivations With Customer Personas How Ordering Kiosks Can Aid Staffing Woes Grilled Halibut With Roasted Red Pepper Sauce Get Ready for AI Customers

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‘When Machines Become Customers’ Gives a Glimpse Into the Near Future

Artificial intelligence (AI) is everywhere, and it’s not going away any time soon. And while no one can stop how soon it will enter the customer market, you can prepare for it. In the new book “When Machines Become Customers” by Mark Raskino and Don Scheibenreif, the inevitability of AI shoppers becomes apparent, but what does this actually look like? Raskino and Scheibenreif describe AI-enabled customers as technology that shops for us and will overtake the decision-making process when purchasing products or services. In this surprising book, the writers describe three phases regarding the evolution of machine customers. Currently, we’re at “base zero,” where tech can inform us when an inventory of a specific product is low. We can see early-AI customers in companies like Amazon, where Alexa can purchase an item or its Dash Smart Shelf can sense

when an item needs to be replenished and reorders for you. So, what are phases one, two, and three? Phase one involves machines being able to purchase items for a customer, but only from a single manufacturer or product type. Some examples are printers that reorder ink when it senses levels are low or coffee machines that purchase more pods when stock runs out. Phase two expands when smart assistants become widespread and can make knowledgeable purchasing decisions. The machine’s intelligence has increased, and it will be able to shop for various products from a range of companies. Suddenly the work of choosing what products to buy is being moved from the customer to the machine. Machines will decide what items to purchase based on factual

information alone, such as best value and healthier ingredients.

Finally, phase three involves the machine customer becoming completely autonomous. The AI customer can predict the need for an item, replenish with the best product available, and complete the purchase with zero human interference. This new feature can benefit small-business owners by taking over the time-consuming task of calculating inventory, identifying customer preferences, and purchasing stock. While this may seem like a distant reality, it’s closer than you think. This shift in customer demographics requires an all- new approach to marketing and operations that you should be ready to tackle. Read more about how your business can better prepare for machine customers in this outstanding book.

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