The franchise fee of $40,000 and transfer fee of $32,000 both exceed typical Quick Service Restaurant ranges. What justifies these above-market fees, and are they negotiable?
#1
Your system grew 81.7% in 3 years (1 to 6 units) but has been flat for the past year. What is your growth strategy for the next 3-5 years, and what percentage unit growth are you projecting?
#2
You list 22 non-curable default causes in the termination clause, above the typical range of 15-20. Can you provide the specific list of these 22 causes and clarify how many are subjective versus objective?
#3
The non-compete zone of 20 miles is twice the typical range. How do you define and enforce this 20-mile radius, and has this led to any disputes with franchisees or prevented franchisee growth?
#4
Support & Training scores 85, below the typical 90-100 range for QSR franchises. What specific training and ongoing support programs do you provide, and how many hours of initial training are included in the franchise fee?
#5
You provide no Item 19 financial performance data. Will you disclose average unit volumes, profit margins, or break-even timelines for existing franchisees, and if not, why?
#6
Given zero litigation in your history, do you have standardized dispute resolution procedures beyond arbitration? Have there been any disputes or complaints not reflected in formal litigation?
#7
What is the typical timeline to profitability for a new Eiffel Waffle location, and what percentage of units have achieved profitability by year 2?
#8
The contract requires mandatory arbitration with a class action waiver. Can you explain why individual arbitration is preferred over other dispute resolution methods, and have there been arbitration disputes?
#9
All suppliers are franchisor-designated with franchisor authority to set pricing and product specifications. What percentage markup does the franchisor earn on supplier products, and how frequently have pricing increases been implemented?
#10
You require personal guarantees from principals and their spouses. Can you clarify what obligations are covered by the personal guarantee, and what happens to spouse liability if one principal divorces?
#11
The renewal clause requires full compliance and no more than 2 prior defaults. How many franchisees have failed to renew due to these conditions, and what percentage of franchisees have renewed versus exited?
#12
Remodeling is a renewal condition. What is the typical cost of required remodeling, and how frequently must units be remodeled during the franchise term?
#13
The 5-day cure period applies to both monetary and non-monetary defaults. Can you provide examples of non-monetary defaults and whether 5 days has proven sufficient for franchisees to cure?
#14
Territory is marked as exclusive and protected. What is your encroachment policy if the franchisor opens a company-owned location or approves a franchisee in an adjacent territory?
#15
With only 6 units currently operating, how long has this system been franchising, and what is the total franchisee count including any closed units?
#16
Are there any pending litigation cases, regulatory investigations, or complaints with state franchise regulatory bodies that are not reflected in the public litigation data?
#17
The technology fee is $250 monthly. What technology systems and services are included, and can franchisees opt out or use alternative systems?
#18