The franchise fee is $50,000 with a $5,000 transfer fee—significantly lower than the typical $7,500-20,000 range. What specific circumstances trigger transfer fees, and are there conditions where transfers could be denied despite payment?
#1
The monthly technology fee of $500 is above the typical range of $165-427.5. What specific technology services and systems does this fee cover, and has this fee increased or is it projected to increase?
#2
The ad fund rate of 3.0% is above the typical range of 1.0-2.5%. How is this fund allocated, and can franchisees see detailed accounting of how their contributions are spent?
#3
Your royalty rate of 5.0% is below the typical 6.0-7.0% range. Are there volume thresholds, performance metrics, or other conditions that could trigger higher royalty rates in the future?
#4
The total potential contract term is 10 years with no specified renewal options, below the typical 15.5-20.0 years. What happens at the end of the 10-year term—do franchisees have an automatic right to renew, and under what conditions?
#5
The franchise agreement requires binding arbitration in Deerfield Beach, Florida with a class action waiver. What is the typical cost and timeline for arbitration disputes, and has any franchisor-franchisee dispute required arbitration in the past 3 years?
#6
Personal guarantees are required from franchisees and spouses without limitation. Can you explain the specific obligations covered by these guarantees and provide examples of situations where spouses' personal assets have been pursued?
#7
The franchise requires all product purchases exclusively from the franchisor or approved suppliers across 5 categories. What percentage of total franchise operating costs does supplier purchasing represent, and how are supplier prices determined?
#8
The agreement includes annual minimum wholesale unit purchase requirements that can trigger termination. What are the specific dollar amounts or unit quantities required annually, and how many franchisees have failed to meet these requirements in the past 3 years?
#9
Late payments accrue interest at 18% per annum. Has this rate been applied to franchisees, and are there any grace periods or payment plan options before interest accrual begins?
#10
Two units ceased operations in 2023 but returned to 4 net growth in 2024. Can you identify the circumstances of those 2023 closures—were they voluntary sales, franchisor terminations, or other factors?
#11
The system shows 37 current units with Item 19 median gross sales of $460,337. What percentage of franchisees achieve or exceed the median, and what is the performance range from top to bottom quartile?
#12
How many franchisees are currently operating below the annual minimum wholesale purchase requirement, and what enforcement actions have been taken in the past 2 years?
#13
Can you provide a detailed breakdown of the renewal conditions (the 10 conditions noted)? Specifically, which conditions are franchisee-performance based versus franchisor discretionary?
#14
The territory is protected but not exclusive. How does the franchisor define 'protection,' and what specific encroachment protections prevent other franchisees from operating within a franchisee's territory?
#15
Does the 2-year, 25-mile non-compete apply equally in all states, and are there any states where enforcement has been challenged or modified?
#16