IMPORTANCE OF A CLEAR AND COMPREHENSIVE ITEM 6 IN THE FDD

Item 6 of the FDD is crucial in franchising, requiring careful attention and detailed disclosure. It ensures legal compliance, promotes transparency, aids financial planning, and builds trust between franchisors and franchisees.

Importance of a Clear and Comprehensive Item 6 in the FDD.
By Gary Occhiogrosso

Item 6 of the Franchise Disclosure Document (FDD), titled “Other Fees,” is an indispensable section in franchising. This part of the FDD goes beyond the surface level of initial franchise costs, delving into the detailed landscape of various fees a franchisee must pay while operating a franchised business. These fees are not just one-off payments but encompass a spectrum of recurring and occasional financial commitments, each playing a significant role in the overall economic structure of a franchise operation.

Understanding the Nuances of Item 6:

Broad Spectrum of Fees: Item 6 encompasses a wide array of fees, far beyond the initial franchise fee that most prospective franchisees primarily focus on. These include, but are not limited to, royalties, advertising, renewal, and technology support fees. Each type of fee has its specificities and conditions, making them a complex but essential part of the franchise agreement.

Recurring and Occasional Fees: The fees detailed in Item 6 can be categorized into two main types: recurring and occasional. Recurring fees, like royalties and marketing contributions, are ongoing expenses that franchisees regularly pay (often monthly or annually). On the other hand, occasional fees arise from specific events or needs, such as additional training or support services or costs associated with transferring the Franchise.

Impact on Financial Planning: Understanding the total financial commitment is crucial for anyone considering entering a franchise agreement. This goes beyond initial capital investments and touches on the ongoing operational costs that significantly impact the overall profitability and sustainability of the Franchise. Item 6 offers a comprehensive view of these costs, allowing prospective franchisees to make informed decisions and plan their finances accordingly.

Crucial for Informed Decision-Making: The detailed breakdown of fees in Item 6 provides prospective franchisees with a clear picture of what financial obligations they are committing to. This information is crucial for making an informed decision about whether or not to invest in a particular franchise. It helps potential franchise owners gauge the business model’s feasibility and align their expectations with the reality of running the Franchise.

Transparency and Trust: A well-detailed Item 6 also plays a vital role in building trust between the franchisor and the franchisee. It reflects the franchisor’s commitment to transparency and honesty, setting the stage for a trust-based relationship. This level of openness is essential for fostering a positive long-term relationship between the franchisor and the franchisee.

In essence, Item 6 of the FDD is much more than a mere contractual obligation; it is a foundational element that shapes a franchise relationship’s financial and operational dynamics. It gives prospective franchisees a transparent and detailed view of what to expect regarding ongoing financial commitments, enabling them to make well-informed decisions and plan for a successful business venture. Let’s take a closer look…

What Should be Contained in Item 6 of the FDD

Types of Fees: Item 6 encompasses various fees, such as royalties, advertising fees, transfer fees, fees for additional training, insurance premiums, and costs for attending conferences. It covers payments made directly to the franchisor or an affiliate or collected by the franchisor or affiliate for the benefit of a third party. This does not include payments made directly by a franchisee to third parties.

Fee Details: For each type of fee, the franchisor must state the amount, the due date, and any formula used to compute the fee. If a fee may increase, franchisors must disclose the maximum increase amount or the formula used to determine it.

Tabular Format: The Code of Federal Regulations requires that the fees in Item 6 be disclosed in a tabular format with four columns: type of fee, fee amount, fee’s due date, and remarks for clarification. Remarks should cover aspects such as whether the fee is payable only to the franchisor, whether the fee is refundable, and if imposed uniformly.

Use of Footnotes: Footnotes can be used for extensive information on a particular type of fee or remarks relevant to multiple fees. They help clarify the nature of the fee, its uniformity, refundability, and whether it is payable to the franchisor.

Importance of a Clear and Comprehensive Item 6 in the FDD.

The significance of Item 6 in the Franchise Disclosure Document (FDD) extends beyond mere compliance with legal requirements; it plays a pivotal role in fostering a robust, transparent, and mutually beneficial franchisor-franchisee relationship. This detailed section of the FDD, which outlines the myriad of fees a franchisee is obligated to pay, is critical for several reasons:

Legal Compliance and Liability Mitigation: Ensuring legal compliance is paramount for franchisors and franchisees. A meticulously drafted Item 6 helps franchisors adhere to the strict disclosure requirements of regulatory bodies. This compliance is not just a legal formality; it significantly reduces the risk of legal disputes and potential liabilities arising from accusations of misleading or incomplete information. By clearly stating all fees, including occasional and recurring ones, franchisors can avert misunderstandings and potential lawsuits, thus safeguarding their business integrity and reputation.

Promotion of Transparency and Trust: Transparency is the cornerstone of any healthy business relationship. In the context of franchising, where the franchisee invests substantial capital based on the information provided by the franchisor, the clarity offered in Item 6 is invaluable. This section of the FDD demystifies the financial obligations beyond the initial franchise fee, encompassing royalties, advertising fees, and other operational expenses. When franchisors are upfront about these costs, it cultivates a foundation of trust that is essential for the long-term success of the franchise relationship.

Aid in Financial Planning and Budgeting: For franchisees, comprehending the full financial scope of running a franchised outlet is crucial. Item 6 equips them with detailed information necessary for thorough financial planning and budgeting. Understanding fees’ exact nature and timing enables franchisees to forecast their cash flow, manage finances effectively, and make informed decisions about investments, staffing, and other operational aspects. This clarity helps mitigate financial risks and set realistic expectations about the profitability and growth of the Franchise.

Building a Strong Franchisor-Franchisee Relationship: A well-documented Item 6’s benefits extend to the franchisor-franchisee relationship’s overall health. Clear communication of financial obligations removes ambiguities and fosters a sense of fairness and cooperation. When franchisees feel well-informed and supported, it enhances their commitment to the brand and willingness to comply with the franchisor’s systems and processes. This harmonious relationship is crucial for brand consistency, customer satisfaction, and the collective success of the franchise network.

Enhancing Market Reputation and Attractiveness to Prospective Franchisees: Franchisors who are meticulous in their FDD disclosures, particularly in Item 6, enhance their reputation in the marketplace. Prospective franchisees often look for franchisors who are transparent and thorough in their documentation. A comprehensive Item 6 becomes a testament to the franchisor’s commitment to ethical practices and operational excellence, making the Franchise more attractive to potential investors.

Conclusion:

Item 6 of the FDD is crucial in franchising, requiring careful attention and detailed disclosure. It ensures legal compliance, promotes transparency, aids financial planning, and builds trust between franchisors and franchisees. Both parties benefit from a clear and comprehensive understanding of all fees associated with the franchise operation.

For further information and detailed insights, refer to the resources at www.FranchiseGrowthSolutions.com, Speadea Law, SharpSheets​​, and FortmanLaw.

Learn More about Franchising Your Business
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This article was researched and edited with the support of AI

TIPS TO MARKET YOUR RESTAURANT DURING THE HOLIDAY SEASON

Photo by Jed Owen on Unsplash

If you plan ahead and get people excited, they will come.
The holiday season is a busy one. People are going to be traveling, and they’re going to be in a rush. Your restaurant may miss out on potential sales if you don’t plan. You can cash in on the holiday season with careful planning and targeted marketing strategies.

TIPS TO MARKET YOUR RESTAURANT DURING THE HOLIDAY SEASON
By: Dom Hemingway

Introduction
For many of us, the holiday season is a time to reconnect with friends and family. For restaurant owners and chefs, it’s a chance to make extra money. The holiday season brings out the best in people—and it also brings out their appetite. So take advantage of this opportunity by creating ways to get people excited about your offering. Here are my top tips for doing just that:

Offer exclusive menu items.
Offer an exclusive menu item. What do you have that nobody else does? If you’re a vegan restaurant, maybe it’s a killer dish made with cashews and lentils. If you’re a steakhouse, maybe it’s the most amazing prime rib ever. Whatever it is, draw inspiration from the season and create something. Get people talking about your place as they post photos of their meals online—and then offer this special only for a short period (say, one month). This gives them the incentive to visit sooner than later and will make them feel like they just missed out on something extraordinary if they don’t act quickly enough!
Use social media to promote the special: Promote your limited-time offer on Facebook and Twitter as well as through local newspapers in print ads or even billboards along significant highways nearby—whatever works best for your budget! You can also use hashtags like “#holidaymenu” or “#christmasdinnerspecial” so that customers can easily find information about what makes these deals so great by searching for them in search engines like Google or Bing when looking up keywords related precisely to those terms.

Offer coupons:
This is another way of encouraging customers. Those customers who might not have heard about your holiday specials yet (or are still deciding whether it’s worth trying out) without having spent much money upfront, hand out paper copies at check-out counters or mail them directly home with customers who order over the phone lines.
Use loyalty programs: Not only does this incentivize repeat customers, but it also helps build brand loyalty since everyone loves feeling rewarded after returning!

Spice up your social media presence:

Social media can be a powerful tool for your restaurant. You can use social media to create buzz about your restaurant, promote new menu items and events, and give customers insight into the workings of your kitchen.
Post photos of your food and happy customers on Instagram, Facebook, or Twitter! It’s also a good idea to create a unique hashtag for your restaurant so that people who want more information about it can find it (for example, #greatrestaurant).
Get festive with decor and holiday-themed dishes
Decorate your restaurant with festive colors.

Offer holiday-themed dishes and desserts:
Offer a special holiday drink special during December, such as hot chocolate or eggnog milkshakes.
Get customers in the mood to be generous by offering gift card promotions, like buy one get one free, where they can buy one gift card at the total price and get another for half price! This also helps you build your customer retention rate too!
The best way to make money off any promotion is when it’s done right—get people excited about returning because they got something great out of it! That’s why we recommend having some loyalty program in place before starting any promotions so that you know exactly how much each customer has spent over time–and thus how much they’re worth (in terms of dollars) based on their average order size at each visit.”

If you plan ahead and get people excited, they will come.
The holiday season is a busy one. People are going to be traveling, and they’re going to be in a rush. Your restaurant may miss out on potential sales if you don’t plan. You can cash in on the holiday season with careful planning and targeted marketing strategies.

Planning Ahead Can Turn a Holiday Season into Profits
Planning for an event like the holidays isn’t just about organizing parties or buying new decorations for your restaurant—it’s about thinking about how these activities will affect your business and how customers will react to them on social media sites like Facebook and Twitter. For example: If you have decided to host an open house party at your restaurant during Thanksgiving weekend (or any other weekend), consider what type of food will be served; whether or not it’s appropriate for children; whether there should be seating available outside; what kind of beverages should be served (alcoholic drinks are subject to varying regulations); how much time people need between eating their meal and driving home safely; etcetera!

Conclusion
A successful holiday season is all about two things: planning and being creative. If you’re looking for additional inspiration, take a look at some of the things we’ve done here at www.frangrow.com We’d love to hear your ideas in the comments below!

Love at First Bite: Oath Pizza Signs New Multi-Unit Franchisees to Fuel Growth in Austin

Oath’s simple operation drives attractive labor and supply chain advantages for traditional corporate and franchise locations. Oath’s nationwide supply chain distribution network creates reliability, the brand’s adaptive menu offers customers a quick, consistent product, and the business with attractive unit economics, including longer shelf life, reduced costs, and better throughput.

Love at First Bite: Oath Pizza Signs New Multi-Unit Franchisees to Fuel Growth in Austin

By Luca Piacentini – 1851 Franchise Senior Writer
Reposted with permission

Oath Pizza has become one of the most popular brands and sought-after franchise models in less than a decade. Since opening its first seaside shop on Nantucket Island, Oath has expanded to serve its fresh, feel-good pizzas to communities across the country. This year, momentum has picked up steam with Oath Pizza signing on multiple new multi-unit franchise owners to expand to new markets like Austin, Seattle, and Los Angeles.

Dilan Karunamuni and Sham Tyagi are the new franchise partners behind the three-unit signing in Austin. The two friends come from a background in the finance and tech industries, where they first met as consultants.

“I used to work in retail at Verizon and AT&T, so I had experience working with customers,” says Tyagi. “I eventually ventured into the cell phone business and started my own company. I sold that business to one of my competitors and founded my consulting firm specializing in subscription-based systems for software companies.”

Karunamuni eventually took a job at that firm, where his long-lasting friendship with Tyagi began. While the two never considered going into business together, that changed the day they each took their first bite of Oath Pizza.

“I was visiting Philly and stopped at the Apple store,” says Tyagi. “I was hungry, so I walked next door to Oath Pizza. I knew it was a brilliant experience when I had the first bite, and I called Dilan and told him he had to try it.”

Karunamuni stopped by Oath the next time he visited the area. “We were so blown away by the food, brand, store, [and] the look,” he says. “It was so good, and I even brought some home for my family to try.”

Soon, the duo recognized the unique opportunity ahead of Oath and decided to introduce the pizza to the growing Austin market.

“We knew this would work in Austin,” says Tyagi. “There are plenty of food options, but it is an ever-expanding market, and the palette of people moving from all over is always changing,” he adds. “People here want to explore new food options, and Oath Pizza is an option that is better for you with fresh toppings, organic proteins, and limitless customization options,” he shares.

As an experienced entrepreneur and business owner, Tyagi says he could also tell Oath Pizza’s business model was positioned for success thanks to the backing of its expert team and robust support infrastructure.

“Our process started by reaching out to the Oath team,” says Tyagi. “As we learned more, we saw the leadership team was very experienced, and how every franchise and corporate team member was knowledgeable and went above and beyond,” he adds. “We instantly felt comfortable with the company and wanted to be a part of the team that would take this brand to the next level.”

Karunamuni and Tyagi visited a store to explore how each location functioned inside and out. “I had never owned a food business, which I knew could be tricky, so I was doubtful about the simplicity at first,” says Tyagi. “We saw how it operated, and it was an instant no-brainer for us. Everything is seamless, with streamlined processes, a simplified menu, and a super smart and efficient model.”

Oath’s simple operation drives attractive labor and supply chain advantages for traditional corporate and franchise locations. Oath’s nationwide supply chain distribution network creates reliability, the brand’s adaptive menu offers customers a quick, consistent product, and the business with attractive unit economics, including longer shelf life, reduced costs, and better throughput.

“Efficiency is the key word,” says Karunamuni. “I have a little experience having worked at Quiznos and Dunkin Donuts, and I’ve seen how a messy back of the house can lead to problems in the front end,” he says. “When I saw the Oath Pizza model, I was in awe — everything is thought out precisely, from ordering the products to serving the customer. There are so many advantages to joining a brand so primed on efficiency.”

Karunamuni and Tyagi hope to open their first Oath Pizza in early 2023 and the rest of their stores by the end of 2024.

“It’s the best chain pizza I’ve ever had, and it can compete with mom-and-pops everywhere,” says Tyagi. “We are excited to have people in Austin taste this product. That’s what it is all about — it’s that good.”

Karunamuni and Tyagi aren’t the only entrepreneurs recognizing the strength of Oath’s franchise model this year. Brad and Jennifer Langford, a married couple of restaurateurs and franchise industry veterans outside Seattle, signed a three-unit deal to grow Oath Pizza throughout their market.

“Being an operations-focused owner, when I read about Oath Pizza’s business model, I realized they had found a way to streamline their operations and customer service to make the numbers work,” Brad Langford shares. “You can have the best product in the world, but if you can’t take the development of a product and streamline it through prep, product, and marketing to your customer, it doesn’t matter how great it tastes,” he adds. “I was shocked at how great this product tastes, and more importantly, the bottom line adds up.”

Another recent signing comes from former Target executive Mandeep Singh and his brothers-in-law, Garish Talwar and Kulwant Jafal. They are introducing Oath Pizza to Greater Los Angeles through a three-unit deal as franchise group Brothers Empire.

“We came across an article about Oath and liked what we read, so we dug deeper and decided to reach out to their team,” says Singh. “I was immediately impressed. They are great people and walked us through every question we had. They are passionate about what they do.”

Oath Pizza’s CEO Drew Kellogg says the team is excited to find more franchisees across the country as the brand continues to emerge as a leading force in the pizza segment.

“We’re excited about our continued expansion into growing markets like Austin,” Kellogg says. “We’re looking forward to bringing on more smart, passionate entrepreneurs like Dilan and Sham to help us expand to new markets and inspire happiness in our communities every day.”

The cost to open an Oath Pizza franchise ranges from $380,000–$550,000, including a $30,000 franchise fee. For more information on franchising with Oath Pizza, visit https://www.oathpizza.com/franchise.

About Oath Pizza: Oath Pizza is the fast-growing franchise known for its award-winning avocado oil crust, fresh, organic toppings, and efficient, innovative business model. Oath started in a seaside shop on Nantucket Island. Today, it has expanded nationwide under the leadership of former Chipotle executives who have built the brand and business to scale. The Oath franchise opportunity has quickly risen to a top business consideration for its unique advantages: low cost of entry, small 800 – 1,200 sq ft footprint, flexible build-out with no Type I venting or gas requirement, reliable supply chain, innovative digital systems, and a simple operation that requires only one-to-four employees per shift. Learn more at oathpizza.com/franchise.

Franchisor Focus: The Franchise Development Process Must Be an Unbroken Chain

A successful franchise development process can be compared to a chain that consists of links that hold a sprocket or wheel together while they run. If one link in the chain is broken it can stop them from running like the franchise development process being interrupted.

Franchisor Focus: The Franchise Development Process Must Be an Unbroken Chain
By Ed Teixeira

When it comes to growing a franchise network, there are fundamental steps that every franchisor should have in place if they expect to grow their system with qualified franchisees.

Successful lead generation and an effective franchise development team are only part of the requirements needed to achieve system growth, along with components needed to attain positive franchise system growth. These other elements in the franchise development process in combination with lead generation and an effective franchise development team can be compared to links in a chain.

A successful franchise development process can be compared to a chain that consists of links that hold a sprocket or wheel together while they run. If one link in the chain is broken it can stop them from running like the franchise development process being interrupted.


(Click to enlarge diagram)

Franchise development chain diagram
The links in the franchise development chain:

1. Profitable franchisees. If franchisees aren’t profitable, it will be difficult for prospective franchisees to obtain positive validation. Even if the franchisor can have positive franchise growth unless the majority of franchisees are profitable it will only be a matter of time before the franchise prospect realizes the situation.

2. Positive franchisee satisfaction. The franchisor must must be aware of its franchisee satisfaction levels. Using their satisfaction surveys and obtaining personal feedback its essential that franchisors know how satisfied their franchisees are with their franchise. If there is negative feedback regarding franchisor support or other issues, they should be corrected ASAP.

3. Effective franchise development team. Whether the franchisor has in-house franchise development staff, uses brokers or employs a combination of both the development team must be experienced and effective. This requires that the results of the franchise development team are competent and achieve results.

4. Positive system growth. The franchisor should be achieving either positive franchise system growth or at least is not losing franchisees except in the case of a startup franchise. Prospective franchisees can be concerned when a franchisor has negative franchise growth or no growth at all.

5. Productive lead generation. It’s necessary that the franchisor is generating sufficient franchise leads for the franchisor team to work. Depending upon the franchise It can take 100 to 200 franchise leads to complete a franchise transaction. Without enough franchise inquiries or leads it can be difficult to recruit qualified franchise candidates.

6. Adhere to franchise qualification standards. Every franchise prospect should be properly qualified and able to meet the standards of the franchisee profile. Without adhering to the proper standards for qualifying its franchise leads there is a risk of granting a franchise to a poorly qualified individual.

7. Maintain Franchisee Engagement. When a qualified franchise candidate is found it is important that the franchisor representative maintain close contact with the candidate and respond to their concerns and questions. When engagement is not maintained the franchise candidate can lose interest in the franchise opportunity.

The franchise development process is akin to links in a chain if one link is broken the chain stops working. When franchisors follow the proper franchise development process it can lead to successful franchise system growth however, when one step in the process is not followed it can result in a lack of franchise growth.

About the Author:
Ed Teixeira is a recognized franchise expert with over 35 years experience in the franchise industry. He has served as a corporate executive for franchise firms in the retail, manufacturing, healthcare and technology industries and was a franchisee of a multi-million dollar home healthcare franchise. Ed is the author of Franchising From the Inside Out and The Franchise Buyers Manual. He has participated in the CEO Magazine Roundtable Meetings with business leaders from around the country and spoke at a number of venues including the International Franchise Expo and the Chinese Franchise Association in Shanghai, China. Over the course of his career, Ed has been involved with over 1,000 franchise locations and launched franchise concepts from existing business models. Ed can be contacted at 631-246-5782 or [email protected].