The agreement lists 31 termination causes compared to the typical 15-23 for this franchise type. Can you provide a detailed breakdown of which causes are non-curable versus curable and what cure periods apply?
#1
Your 3-year turnover rate of 17.2% exceeds the category average. What factors do you attribute to the unit closures in 2022, 2023, and 2024, and what steps are being taken to improve retention?
#2
The total potential 40-year term is significantly longer than the typical 20-26 years in your category. What is the rationale for this extended term, and how does it affect long-term unit economics?
#3
Can you explain the distinction between the 4 units that 'ceased other' in both 2022 and 2024 versus the 3 that closed in 2023? Are these voluntary closures or franchisor-directed?
#4
What specific performance metrics or sales thresholds trigger the various termination causes in your franchise agreement?
#5
Given the 2-year/10-mile non-compete and the requirement for personal guarantees from 5%+ owners and their spouses, how strictly is this enforced, and are there any documented cases of enforcement?
#6
All disputes are subject to mandatory arbitration in Los Angeles. What are the typical costs and timelines franchisees should expect if a dispute arises?
#7
The franchise agreement includes waiver of class action participation and jury trials. Have any franchisees requested modifications to this dispute resolution clause?
#8
With a 6.0% royalty rate and 1.5% ad fund, plus $300 monthly technology fee, how do these ongoing fees compare to your direct competitors in the fast casual restaurant segment?
#9
Can you provide the number of units that have exercised renewal options in the past, and what percentage of franchisees choose to renew versus exit at term end?
#10
Item 19 shows median gross sales of $834,650 versus average of $978,600. What explains this gap, and what percentage of franchisees fall below the median?
#11
How many franchisees have been required to cure defaults in the past 3 years, and what were the most common curable defaults?
#12
Are there any geographic patterns to the closures—did units close in specific regions, or was it evenly distributed across your territory?
#13
What support or operational changes have been implemented since 2022 to address the closure pattern?
#14
The transfer fee is $20,000 while the renewal fee is $12,500. Are there any other hidden fees or charges franchisees should anticipate during renewal or transfer processes?
#15
Can you clarify what 'ceased other' means in your unit history data, and does it include any franchisor-directed closures for cause?
#16
With zero terminations in 3 years but 28 non-curable defaults identified in the agreement, what is the franchisor's actual enforcement approach to breaches?
#17
How has the exclusive territory protection been applied in practice, and have there been any disputes over encroachment or territory definition?
#18