Can you explain the significant 25% royalty rate compared to the 6-10% typical for business services franchises, and what specific services or support justify this premium?
#1
The $750 annual ad fund appears unusually high for this category. How is this fund allocated, and can you provide examples of marketing initiatives funded in the past year?
#2
What accounts for the $75,000 franchise fee, which exceeds typical fees by $25,000-$44,000 for similar franchises?
#3
You have had 2 litigation cases in 3 years versus a typical range of 0-1. Can you provide details about both cases, including their resolution and any impact on franchise operations?
#4
Terminations increased to 9 units in 2024 from 5-6 in prior years. What specific issues or performance metrics led to these increased terminations?
#5
Despite rapid system growth (26.9% in the past year), reported median sales of $103,000 are significantly below typical benchmarks. Can you explain this discrepancy and provide the units-reporting figure for Item 19?
#6
Why do bottom quartile performers report $0 in gross sales? Are these newly launched units, inactive units, or how are these accounted for in financial reporting?
#7
The 2-year/50-mile non-compete applies to 'all other TES Franchise locations.' Does this mean the radius expands if new locations open nearby, potentially restricting franchisee activity area?
#8
Your agreement includes 2 curable and 9 non-curable defaults allowing immediate termination. Can you clarify the 9 non-curable defaults and whether franchisees have opportunity to cure before termination proceedings begin?
#9
With mandatory binding arbitration in Southbury, Connecticut and waived jury trial rights, what is the typical cost and timeline for dispute resolution, and has this created barriers to franchisee claims?
#10
Personal guarantees are required from all owners with 10%+ ownership. Has this personal guarantee requirement been enforced in terminations, and what are typical outcomes for franchisees with personal guarantees?
#11
Territory is non-exclusive with no encroachment protection. How many franchisees operate in the same geographic area, and what guidance do you provide on territory management to prevent direct competition?
#12
The transfer fee is $18,750 (25% of the franchise fee). What approval process and criteria does the franchisor use to approve or deny unit transfers between franchisees?
#13
Only 1 transfer occurred in the past year versus 9 terminations. Are franchisees having difficulty selling their units, and if so, what resale support does the franchisor provide?
#14
The renewal fee is $5,000 for a 10-year renewal. Are there other renewal requirements such as equipment updates, training, or facility improvements that franchisees must complete?
#15
Can you provide a breakdown of the 50 units of growth by source—how many are new unit openings versus acquisitions or transferred units?
#16
What support and resources does TES provide to the bottom quartile of performers who are generating minimal revenue, and at what point does underperformance trigger performance improvement plans or termination?
#17
Of the 14 closures in 2024, how many were franchisee-initiated versus franchisor-initiated, and what were the primary reasons cited for closures?
#18
Item 19 does not report the number of units surveyed for financial performance data. What percentage of system units reported their financial data, and does this represent a representative sample?
#19
Given the high ongoing fee structure (25% royalty plus $750 ad fund), how do franchisees with $103,000 median sales maintain profitability after paying these fees and operating costs?
#20