Of the 8 litigation cases filed against the franchisor over 3 years, what are the specific claims and outcomes? Has any case resulted in monetary damages or operational changes to the franchise system?
#1
The 1 pending litigation case—what is the nature of this case, which party filed it, and what are the potential implications for franchise operations?
#2
Why did the closure rate spike to 21 units in 2024 after declining to 16 in 2023? Were these voluntary closures or franchisor-initiated terminations?
#3
What accounts for the 16 units that 'ceased other' in 2024—what does this category include and why did it increase significantly from prior years?
#4
The termination rate is 4.2%, far exceeding the typical 0.0-0.6% range. What are the primary reasons the franchisor is terminating franchisees, and are there systemic issues driving this?
#5
With only a 3-year initial term and no apparent renewal options beyond that, what is the long-term stability of a franchisee's business investment? How many franchisees have failed to renew at the end of their initial 3-year term?
#6
The non-compete clause is only 1 year/25 miles. Given typical 2-year restrictions in this category, what is the rationale for this shorter period, and does it protect franchisee investments adequately?
#7
Territory is marked as 'protected' but 'non-exclusive'—can the franchisor add competing locations within my territory during my 3-year term, and if so, under what conditions?
#8
The ad fund is 3.0%—how is this fund calculated and spent? Can you provide a detailed accounting of ad fund contributions and expenditures for the past 3 years?
#9
Why does the Item 19 not include financial performance data? Can you provide actual gross sales, average unit volumes, or profitability data for comparable units in my proposed market?
#10
The renewal fee is $15,000 for a 3-year renewal—is this mandatory, and are there any conditions I must meet to qualify for renewal? What happens if I'm terminated before the 3-year term ends?
#11
Personal guarantees are required from all direct and indirect owners with joint and several liability. Can you explain the specific scenarios where I would be held personally liable beyond the franchise agreement itself?
#12
How many of the 17 units that closed in the past year were located in the same geographic markets you're proposing for my franchise? Are there market-specific performance issues?
#13
The transfer rate is 8.3%—why are franchisees transferring their units at a higher-than-typical rate? Are these transfers to new franchisees within the system or exits?
#14
Can you provide the average unit economics (AUE) or Item 19 equivalent showing typical revenues, expenses, and profitability for a franchisee at break-even, 1-year, and 3-year marks?
#15
Given the 53.3% turnover rate over 3 years, what percentage of the original 116 units from 3 years ago are still operating today?
#16
What specific support and training do you provide? The support and training score is 75, below the typical 83.75-99.0 range for this category—what gaps exist?
#17
The system health score is 14/100 and risk factors score is 38/100, both significantly below typical ranges. What is the franchisor's plan to address system stability and reduce risk factors for prospective franchisees?
#18