Can you provide details on the 5 cases where the franchisor was named as defendant, including the nature of disputes and outcomes?
#1
What is the status and expected resolution timeline for the 4 pending litigation cases?
#2
Why is the transfer rate 9.5%, significantly above the typical 0.0-7.0% range? Are these voluntary sales or franchisor-facilitated transfers?
#3
Given the 20-year initial term, what are the renewal terms and conditions, and what is the historical renewal rate for units reaching the end of their initial term?
#4
The non-compete clause specifies 1 year with 0 miles radius. How has the franchisor enforced this, and are there examples of former franchisees operating competing brands in the same territory?
#5
With no exclusive territory and no encroachment protection, what prevents the franchisor from opening additional Dairy Queen units in your territory?
#6
Can you explain the 3 cases initiated by the franchisor as plaintiff? Were these related to franchise violations, payment disputes, or other issues?
#7
What is the average duration that transferred units operate under new ownership before potential termination or exit?
#8
The royalty rate of 4.0% is below typical. Are there performance-based tiers or rate increases over the contract term?
#9
Why have there been zero terminations in the past 3 years while litigation cases have increased? Does this indicate franchisor forbearance or strong franchisee compliance?
#10
What specific operational controls are enforced through required single-source purchasing for soft drinks, equipment, and Orange Julius powders, and how does pricing on these items compare to market rates?
#11
Given the binding arbitration clause in Missoula, Montana, what has been the typical cost and duration of past arbitration proceedings?
#12
The renewal fee is $4,000 and transfer fee is $6,000. Are there additional reinvestment requirements or capital improvements required at renewal?
#13
Can you provide a breakdown of the 2 units that ceased operations for other reasons in 2022? Were these franchisor-assisted closures or franchisee-initiated exits?
#14
What support does the franchisor provide to transferred units, particularly given the high transfer rate? Are training or transition costs required?
#15
How does the 10-day cure period for payment and reporting defaults apply in practice, and what percentage of defaults result in termination versus cure?
#16
With a 30-year total potential term, what are your obligations regarding facility modernization, equipment upgrades, or brand compliance investments at the 20-year mark?
#17
Are there any ongoing disputes with franchisees regarding the personal guarantee requirement or indemnification clause that led to litigation?
#18