Change fee in the Franchise Agreement in a few clicks

Aug 6th, 2022
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How to change fee in the Franchise Agreement

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[Music] good afternoon my name is jeff thompson im a senior partner in the law firm of the franchise and business law group ive been practicing franchise law for more than 35 years today im going to talk to you about the fees that you have to establish as a franchisor were going to look at your initial fee were going to look at the royalty you will charge and well look at your advertising fee and then a category called other fees looking first at the initial fee the initial fee is important but it isnt designed for you to make money on it isnt a profit center what youre trying to do is set the initial fee to cover your costs and those costs involve the professional fees of the attorney and the accountant itll cover your marketing costs putting together the materials and websites related to it and it will also cover your travel and your own salary or the cost for you to get that franchise sold you want all of those costs covered but youre not trying to make a profit out of th

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Every franchisor charges a different fee based on their particular business and the industry theyre in. Across all franchises, the average initial fee hovers around $25,000 $50,000.
The franchise fees are normally calculated in the following four ways: fixed fee; percentage of weekly or monthly revenue; a percentage of each specific item sold; or. total percentage of profit.
A transfer fee is the fee a franchisor charges to the franchisee if the franchisee sells the business or shares in the company operating the franchise.
In most cases a franchisor will not allow a discounted or deferred royalty payment. These fees are not typically negotiated as they are standard per the Franchise Disclosure Document and Franchise Agreement. Reducing or deferring royalties can be detrimental to the long-term success of a franchisor and franchisees.
The franchise fee is usually non-refundable. Unless the franchise agreement states otherwise, you wont get the fee back under any circumstances. However, your franchise agreement may provide a refund if you decide to cancel the deal within a certain period, usually 30 to 45 days after you sign the agreement.
What To Negotiate in the Franchise Agreement The initial fee is more likely to be reduced than the continuing royalty fee rate. The territory geography is more likely to be altered by the franchisor on your request than the scope of the rights and protections enjoyed within the territory.
Put simply, it is legal for a franchisor to modify their franchise agreement as they see fit. However, some terms and conditions usually cannot be subject to change, and examples are as follows: The financial resources that you will be supplied with. The royalty rate that you will earn with your franchise.
While any prospective franchisee can request a review of fees and royalty payments, your ability to negotiate these terms of your franchise agreement increase if youre considering a multi-unit play.

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