The franchise fee of $65,000 and transfer fee of $50,000 are both above market rates for fitness franchises. What specific value or services justify these premium fees compared to comparable franchises?
#1
Two units have exited in the past year out of a small base of 7 total units, creating a 14.3% exit rate. Can you provide detailed information about why these units closed and whether there were underlying business performance or support issues?
#2
Support & Training scores at 70, significantly below the typical range of 82-93 for fitness franchises. What specific training and ongoing support does Upgrade Labs provide, and how does it compare to competitor offerings?
#3
The 3-year CAGR of 51.8% is above typical ranges, yet the system remains very small with only 7 units. What is the franchisor's growth strategy, and what historical factors explain the rapid unit growth from 2 to 7 units?
#4
The agreement allows the franchisor to set 'reasonable restrictions' on maximum service pricing. How have these pricing restrictions been applied historically, and can you provide examples of approved pricing ranges?
#5
What are the 16 non-curable defaults listed in sections 19.1 and 19.2 of the agreement, and under what circumstances might a franchisee face termination with minimal cure opportunity?
#6
The renewal condition requires 'right to remain in location' as one of 9 conditions. If your current lease expires before renewal, what happens to your franchise agreement and the $35,000 renewal fee?
#7
Personal guarantees are required from owners and spouses. Has the franchisor ever enforced personal guarantees against franchisee principals, and under what circumstances?
#8
The non-compete restriction extends 2 years and 25 miles from your franchised location 'and any other Upgrade Labs Center.' If new Upgrade Labs locations open near your territory, how does this affect your non-compete obligations?
#9
Can you provide the historical unit locations and closure dates for the 2 units that exited in 2024 to understand whether specific markets or operational models are underperforming?
#10
Investment Costs score at 49, significantly below the typical 73-77 range. Beyond the franchise fee, what is the estimated total investment required including build-out, equipment, and working capital?
#11
Have any franchisees requested modifications to the franchise agreement terms, particularly regarding the transfer fee, renewal conditions, or non-compete restrictions, and were any modifications granted?
#12
The franchise agreement references 'approved suppliers' and 'designated suppliers' for products and services. What percentage of your operating costs are locked into franchisor-approved vendors, and what are typical markups or commissions involved?
#13
Franchisees must defend and indemnify the franchisor under the liability clause. Can you provide examples of claims where franchisees were required to indemnify the franchisor and the costs involved?
#14
What specific operational data or financial metrics does Upgrade Labs track for franchisees, and would a franchisee have access to benchmark their performance against other Upgrade Labs locations?
#15
The franchise does not provide an Item 19 financial performance representation. Can you provide referrals to current and former franchisees who can discuss realistic revenue, profit margins, and payback periods?
#16
Contract Terms score at 70, above the typical range for fitness franchises. What specific contract provisions give Upgrade Labs greater operational control compared to standard fitness franchises?
#17
Termination rate is 0.0% despite the 16 non-curable defaults listed. Does this mean non-curable defaults are rarely triggered in practice, or has the franchisor chosen not to terminate franchisees even when defaults occur?
#18
The renewal fee is $35,000 and requires renovation or facility updates as a condition. What specific renovation or update investments are typically required at renewal, and has any franchisee contested these requirements?
#19
Given the 25-year total potential contract term, what happens to intellectual property, client lists, and goodwill developed by the franchisee after the contract terminates?
#20