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Does Annex Brands reserve the right to add further exclusions to the Gross Sales calculation?

Annex_Brands Franchise · 2025 FDD

Answer from 2025 FDD Document

We reserve the right periodically, in our sole discretion, to add additional exclusions to the list above as new programs, products or services are established, or as changes to existing programs, products or services are established, as specified by us in our Manuals, in writing or otherwise.

Source: Item 19 — Financial Performance Representations (FDD pages 74–78)

What This Means (2025 FDD)

According to Annex Brands's 2025 Franchise Disclosure Document, Annex Brands retains the right to modify the calculation of Gross Sales by adding further exclusions. Gross Sales include all revenue for products and services, with specific exclusions listed.

The FDD states that Annex Brands reserves the right to periodically add exclusions to the Gross Sales calculation. This can be done as new programs, products, or services are established, or as changes to existing ones are made. These changes will be specified in the Annex Brands manuals, in writing, or otherwise communicated.

For a prospective franchisee, this means that the basis on which royalties and marketing fees are calculated could change over time. While the initial list of exclusions is defined, Annex Brands has the discretion to add to it, potentially affecting the franchisee's financial obligations. It would be prudent for a potential franchisee to seek clarification on how frequently these exclusions have been modified in the past and under what circumstances Annex Brands typically makes such changes.

This flexibility allows Annex Brands to adapt to changing market conditions and new offerings, but it also introduces an element of uncertainty for franchisees, as it could impact their revenue calculations and royalty payments. Franchisees should stay informed of any updates to the Gross Sales definition to accurately track their financial performance and obligations to Annex Brands.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.