Can you provide details on the 8 cases where the franchisor was plaintiff? What were the primary reasons for legal action against franchisees?
#1
What are the specific circumstances of the 3 pending litigation cases, and what outcomes are anticipated?
#2
The system lost 41 units over 3 years (13.7% decline). Can you explain the primary reasons franchisees are being terminated or exiting?
#3
Why did unit closures spike to 38 in 2024 compared to 21-26 in prior years? Were these related to a specific issue, market condition, or policy change?
#4
The ad fund of $325 annually is substantially higher than typical for real estate franchises (1-3% of revenue). What specific marketing and technology services does this fund cover?
#5
How is the $325 annual ad fund calculated and allocated? Is it based on a percentage of revenue, per-unit fee, or other metric?
#6
Of the 38 units terminated in 2024, how many were terminated for cause versus non-renewal or voluntary exit?
#7
What are the 20 non-curable defaults that trigger immediate termination? Are these clearly defined in the franchise agreement?
#8
Can you provide data on franchisee profitability and average unit volumes for the past 3 years to help assess viability?
#9
The support and training score (67) is below typical range. What specific training and ongoing support do franchisees receive?
#10
Why is the non-compete restriction 0 years and 0 miles? How does this protect franchisees' territories after exit?
#11
The franchise agreement requires personal guarantees from all LLC members and their spouses with joint and several liability. How often has this indemnification clause been invoked?
#12
Can you identify any commonalities among the 85 units closed or terminated over 3 years (geographic region, time in system, size)?
#13
What is the average tenure of closed/terminated units? Are franchisees typically exiting before or after their initial 10-year term?
#14
The franchisor initiated 8 lawsuits over 3 years. Were these collection actions, breach of contract, or other types of disputes?
#15
How does the 10-day cure period for payment defaults work in practice? What percentage of franchisees cure payment defaults versus face termination?
#16
Are there renewal options available after the 10-year initial term, and what are the associated costs and conditions?
#17
Can you provide references from franchisees who have operated for more than 5 years, particularly those in competitive markets?
#18
What marketing and lead generation support does the franchisor provide given the substantial $325 annual ad fund?
#19
How is commission or revenue structured between the franchisor and franchisees? Are there tiered fee structures based on volume?
#20