What specific factors contributed to the acceleration in unit closures from 8 in 2023 to 16 in 2024, and what is the franchisor's assessment of the closure trend going forward?
#1
Your royalty rate of 7.0% and ad fund rate of 4.0% combine to 11.0% in total ongoing fees, which exceeds the typical range for fast-casual restaurants. How do you justify these rates compared to competitors, and are there any circumstances under which these rates could be reduced?
#2
Can you provide detailed financial data on the units that closed in 2024 (the 16 units) - specifically their average unit volumes, how long they operated, and identified reasons for closure beyond 'closure'?
#3
Average unit volumes of $835,358 fall approximately 10% below the category typical range. What is the franchisor's strategy to improve unit economics, and are there underperforming unit demographics or locations you can identify?
#4
Your territory is non-exclusive with no encroachment protection. Under what circumstances might the franchisor place another Capriotti's location near or adjacent to an existing franchisee's territory?
#5
The franchise agreement lists 13 termination causes, which is below the category typical range of 15-23. Can you clarify which termination scenarios are NOT included in your agreement that other franchisors typically include?
#6
Item 19 shows top quartile sales of $1,270,078, which is below the category typical range of $1,308,632-$2,609,749. What percentage of franchisees achieve these top quartile results, and what characteristics do those units share?
#7
Regarding the binding arbitration clause requiring disputes to be resolved within 10 miles of your principal business address, how have franchisees been able to negotiate arbitration location in practice?
#8
Your personal guarantee clause requires guarantees from all stockholders, members, partners, and 'potentially spouses as requested.' Under what specific circumstances would you request a spousal guarantee, and how often has this been required?
#9
The renewal conditions require complete remodeling, upgrading, and re-equipping at renewal. Approximately how much capital is typically required to meet the renewal remodel requirements, and can you provide recent examples?
#10
You maintain exclusive supplier agreements across 6 specified categories. Can you identify those 6 categories and disclose whether the franchisor receives rebates or margins from these approved suppliers?
#11
With a 10.5% annual closure rate and 19.0% turnover over 3 years, how many of the 153 current units were established 5 or more years ago, and what is the average unit lifespan in your system?
#12
Can you provide a breakdown of your 153 current units by: (1) years in operation, (2) average unit volume by age cohort, and (3) closure rates for units by establishment year?
#13
The franchise fee is $40,000 with a $10,000 renewal fee and $10,000 transfer fee. What is your policy regarding fee refunds if a unit closure occurs within the first year or two of operation?
#14
With zero franchisor-initiated terminations despite a 10.5% annual closure rate, how does the franchisor distinguish between voluntary closures and situations where continued operation became untenable due to franchisor policies or brand issues?
#15
Your scoring indicates System Health at 45/100, significantly below the category range of 50-75. What specific metrics or issues drive this below-average system health score?
#16
Can you provide disclosure of any past class-action lawsuits, regulatory complaints, or pending investigations involving Capriotti's franchisees (even if not formal litigation) during the past 5 years?
#17
Regarding the non-compete clause of 2 years and 5 miles, has this been enforced against franchisees who exit the system, and are there any circumstances where this clause is negotiable or waivable?
#18
What is the franchisor's actual investment in marketing and advertising of the Capriotti's brand nationally versus the 4.0% ad fund collected from franchisees - how is the ad fund deployed?
#19