When are Taxes and Other Payments due to Auntie Annes?
Auntie_Annes Franchise · 2024 FDDAnswer from 2024 FDD Document
| | and | | | | | court | | | | | costs. | | | | | If | | | | | we | | | | | terminate the Franchise Agreement for your | | | | | default, you must pay us all our expenses | | | | | from your default or termination, including | | | | | reasonable attorneys' and experts' fees. |
| Type of Fee1, 3 | Amount | Date Due | Remarks |
|---|---|---|---|
| Reinstatement Fee | 10% of the amount of the then-current Initial Franchise Fee, plus Royalty Fees that would have been payable in period between termination and reinstatement | Before reinstatement | If we terminate your Franchise Agreement due to a health and safety default, you cure the default and want to be reinstated, and we agree to reinstate your Franchise Agreement, you must pay us a reinstatement fee. |
| De-identification Fee | Our actual costs, plus interest and an administrative fee equal to 15% of our actual costs | On invoice | Payable if we terminate the Franchise Agreement, you fail to de-identify the Shop, and we make the required changes on your behalf. |
Notes
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- Unless otherwise stated, we directly impose all the fees in this table, you pay them to us, and we do not refund them. We endeavor to impose these fees uniformly but reserve the right to make variances in special circumstances, like co-branding opportunities or franchisees operating in non-traditional locations. We reserve the right to collect all fees due to us under the Franchise Agreement through EFT. We may change the Payment Due Date, and any other due dates, in the Manuals or in a written notice to you.
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- "Net Sales" means all revenues generated by your Shop or conducted from or with respect to the Shop, whether the sales are evidenced by cash, check, credit, charge, account, barter or exchange. Net Sales includes monies, gift card redemptions, or credit generated by or received from (i) the sale of Approved Products or tangible property of every kind and nature, promotional or otherwise, anywhere and (ii) services performed from, at, or in connection with the Shop, including (x) off-premises services (such as catering and delivery), (y) on-premises services (such as games, gambling machines, or third-party advertising within the Shop), or (z) any other services or activities that use either the System, the Marks, or products that are the same as or similar to the Approved Products. The foregoing list is not intended to provide approval for such activities, which may be conducted only if approved. Unless we specify otherwise in writing, Net Sales shall include all ancillary charges or fees, including delivery fees and other service charges, that are paid to you by a customer or by a third-party delivery or catering service (e.g., Uber Eats, Postmates, Grubhub, ezCater, or DoorDash) (a "TPS") in connection with delivery or catering services related to your Shop (recognizing that though the TPS may pay you an amount equal to the purchase price charged to the customer less a commission, other fees, and any discounts, credits, or coupons applied to that order, such commission, fees, discounts, credits, and coupons will not be deducted from your Net Sales). Net Sales will not include (a) the initial sales or reloading of gift cards, (b) discounts, (c) the sale of food or merchandise for which refunds have been made in good faith to customers, (d) the discounted portion of employee meals, (e) sales, meals, use or excise tax imposed by a governmental authority directly on sales and collected from customers, provided that the amount for the tax is added to the selling price or absorbed therein and is actually paid by you to a governmental authority, (f) the sale of equipment used in the operation of the Shop, or (g) tips. Net Sales includes sales made from an SRU.
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- "Streetside Locations" include freestanding, inline, and endcap locations on city streets or in shopping centers (including power centers, lifestyle centers, and strip centers, but excluding malls (enclosed and open air) and outlet malls and centers). "Other Locations" include all locations other than Streetside Locations, including airports, amusement parks, big box stores, casinos, colleges, convenience stores, farmer's markets, military bases, malls (enclosed and open air), cobranded Subways®, outlet malls and centers, sports and entertainment venues, train stations, transportation centers, travel plazas, truck stops, universities, Walmarts®, zoos, and delivery or ghost kitchens.
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- For Co-Branded Shops, we and the Co-Branded Franchisor may both independently impose the following fees (in other words, (a) we could charge the fee and the Co-Branded Franchisor could also separately charge the same fee or (b) we could charge the fee, even if the Co-Branded Franchisor does not do so): (i) the Renewal Fee; (ii) the Ordering Support Fee; (iii) fees related to Advertising Cooperatives, brand promotions, taxes and related payments, conferences and programs, brand advisory councils, transfers, gift card and loyalty programs, loyalty apps, online ordering, purchasing programs, supply chains, insurance policies, development deadline extensions, indemnification provisions, attorneys' fees, and the reinstatement of franchises; and (iv) any other fees that are brand-specific or relate to costs that may be separately incurred by us and/or the Co-Branded Franchisor. All other fees will be charged by (x) us or the Co-Branded Franchisor, but not both or (y) jointly by both us and the Co-Branded Franchisor (and split between the two of us).
ITEM 7. ESTIMATED INITIAL INVESTMENT
YOUR ESTIMATED INITIAL INVESTMENT: FULL SHOP
| Type of Expenditure | Amount of Expenditure | | Method of Payment | When Payments Are | To Whom Payment Will | |---------------------------------------------------------------|-----------------------|-----------|-------------------|-----------------------------------------|-------------------------| | | Low | High | Fayineiit | Due | Be Made | | Initial Franchise Fee 1 | $35,500 | $35,500 | Lump sum | At signing of Franchise Agreement | Us | | Construction and Build Out Costs 2 | $27,000 | $265,000 | As incurred | As arranged | Contractors | | Permitting 3 | $2,000 | $4,000 | As incurred | Before opening | Government agencies | | Equipment Package 4 | $21,000 | $64,500 | Lump sum | Before opening | Vendors | | Millwork 5 | $5,000 | $28,000 | As incurred | Before opening | Contractors | | Furniture 6 | $0 | $2,500 | As incurred | Before opening | Vendors | | Menu Board, | $250 | $23,000 | As incurred | Before opening | Vendors | | Graphics, and Interior | | | | | | | Signage 7 | | | | | | | Exterior Signage 8 | $3,000 | $8,300 | Lump sum | Before opening | Vendors | | Computer System 9 | $7,400 | $27,400 | As incurred | Before opening | Vendors | | Smallwares 10 | $1,000 | $7,000 | As incurred | Before opening | Vendors | | Architect/Engineer 11 | $2,000 | $13,000 | As incurred | Before opening | Architect | | Rent 12 | $2,000 | $10,000 | Monthly | As arranged | Lessors |
| Type of Expenditure | Amount of I | Expenditure | Method of | When Payments Are | To Whom Payment Will |
|---|---|---|---|---|---|
| Low | High | Payment | Due | Be Made | |
| Grand Opening | $2,500 | $7,500 | As incurred | Before opening | Vendors or |
| Marketing 13 | Us | ||||
| Legal and Accounting Fees 14 | $5,000 | $10,000 | As incurred | Before opening | Lawyers and accountants |
| Insurance 15 | $1,575 | $8,200 | As incurred | Before opening | Insurance companies |
| Misc. Opening | $13,000 | $25,000 | As incurred | Before opening | Vendors |
| Costs/Office | |||||
| Supplies 16 | |||||
| Security Deposits 17 | $0 | $15,000 | As incurred | As incurred | Utility companies; lessors |
| Management Training | $0 | $2,500 | As incurred | Before opening | Us |
| Program Fee 18 | |||||
| Travel and Living | $3,100 | $5,100 | As incurred | Before opening | Airlines, |
| Expenses during | hotels and | ||||
| Training 18 | restaurants | ||||
| On-Site Training | $0 | $5,300 | As incurred | Before opening | Us |
| Fee 19 | |||||
| Opening Inventory 20 | $3,300 | $4,000 | As incurred | Before opening | Vendors |
| Additional Funds - 3 Months 21 | $15,000 | $54,000 | As incurred | As incurred | Us, employees, vendors, etc. |
| Total Initial | $149,625 | $624,800 | |||
| Investment 22 |
YOUR ESTIMATED INITIAL INVESTMENT: CONCESSION SHOP - FOOD TRUCK
| Type of | Amount of Expenditure | | Method of | When Payments Are | To Whom Payment Will Be | |--------------------------------------------------------------|--------------------------|-----------|-------------------------|-----------------------------------------|-------------------------| | Expenditure | Low | High | Payment | Due | Made | | Initial Franchise Fee 1 | $10,500 | $10,500 | Lump sum | At signing of Franchise Agreement | Us | | Truck Costs 23 | $92,700 | $175,700 | As incurred | Before opening | Vendors | | Permitting 3 | $3,100 | $7,210 | As incurred | Before opening | Government agencies | | Equipment Package 4 | $10,300 | $46,350 | Lump sum | Before opening | Vendors | | Menu Board, | $260 | $1,550 | As incurred Before oper | | Vendors | | Graphics and Interior | | | | | | | Signage 7 | | | | | | | Computer System 9 | $7,400 | $16,400 | As incurred | Before opening | Vendors |
| Type of Expenditure | Amount of Expenditure | Method of Payment | When | To Whom Payment Will Be Made | |||
|---|---|---|---|---|---|---|---|
| Low | High | Payments Are Due | |||||
| Smallwares10 | $1,050 | $4,650 | As incurred | Before opening | Vendors | ||
| Grand Opening | $1,000 | $5,000 | As incurred | Before opening | Vendors or Us | ||
| Marketing14 | |||||||
| Legal and | $5,000 | $10,000 | As incurred | Before opening | Lawyers and | ||
| Accounting Fees15 | accountants | ||||||
| Insurance16 | $1,575 | $8,200 | As incurred | Before opening | Insurance companies | ||
| Management | $0 | $2,500 | As incurred | Before opening | Us | ||
| Training Program | |||||||
| Fee18 | |||||||
| Travel and Living Expenses during Training18 | $3,100 | $5,100 | As incurred | Before opening | Airlines, hotels and restaurants | ||
| On-Site Training | $0 | $5,300 | As incurred | Before opening | Us | ||
| Fee19 | |||||||
| Opening Inventory20 | $3,300 | $4,000 | As incurred | Before opening | Our designated suppliers | ||
| Additional Funds - 3 | $15,000 | $28,000 | As incurred | As incurred | Us, employees, | ||
| Months21 | vendors, etc. | ||||||
| Total Initial | $154,285 | $330,460 | |||||
| Investment22 | ## YOUR ESTIMATED INITIAL INVESTMENT: CONCESSION SHOP - TRAILER |
| Type of | Amount of I | Expenditure | Method of | When Payments | To Whom | |--------------------------------------------------------------|-------------|-------------|-------------|-----------------------------------------|----------------------| | Expenditure | • | | Payment | Are Due | Payment Will Be Made | | Initial Franchise Fee 1 | $10,500 | $10,500 | Lump sum | At signing of Franchise Agreement | Us | | Trailer Costs 23 | $46,500 | $96,000 | As incurred | Before opening | Vendors | | Permitting 3 | $2,575 | $5,700 | As incurred | Before opening | Government agencies | | Equipment Package 4 | $10,300 | $46,500 | Lump sum | Before opening | Vendors | | Menu Board, | $260 | $1,550 | As incurred | Before opening | Vendors | | Graphics and Interior | | | | | | | Signage 7 | | | | | | | Computer System 9 | $7,400 | $16,400 | As incurred | Before opening | Vendors | | Smallwares 10 | $1,030 | $4,650 | As incurred | Before opening | Vendors | | Grand Opening | $1,000 | $5,000 | As incurred | Before opening | Vendors or | | Marketing 13 | | | | | Us |
| Type of Expenditure | Amount of Expenditure | Method of Payment | When Payments Are Due | To Whom Payment Will Be Made | |
|---|---|---|---|---|---|
| Low | High | ||||
| Legal and | $5,000 | $10,000 | As incurred | Before opening | Lawyers and |
| Accounting Fees14 | accountants | ||||
| Insurance15 | $1,575 | $8,200 | As incurred | Before opening | Insurance companies |
| Management | $0 | $2,500 | As incurred | Before opening | Us |
| Training Program | |||||
| Fee18 | |||||
| Travel and Living | $3,100 | $5,100 | As incurred | Before opening | Airlines, |
| Expenses during | hotels and | ||||
| Training18 | restaurants | ||||
| On-Site Training | $0 | $5,300 | As incurred | Before opening | Us |
| Fee19 | |||||
| Opening Inventory20 | $3,300 | $4,000 | As incurred | Before opening | Vendors |
| Additional Funds - 3 Months21 | $15,000 | $28,000 | As incurred | As incurred | Us, employees, vendors, etc. |
Source: Item 6 — OTHER FEES (FDD pages 30–44)
What This Means (2024 FDD)
According to Auntie Annes's 2024 Franchise Disclosure Document, the due dates for fees vary depending on the type of fee. The Royalty Fee, which is currently 7% of Net Sales but may increase to 8%, is payable weekly on the date specified in the Manuals, referred to as the "Payment Due Date".
The Advertising Contribution has different rates depending on the location type. For Shops in Other Locations (except Co-Branded Shops in Other Locations) and Co-Branded Shops in Other Locations, the contribution is currently 1.5% of Net Sales. For Shops in Streetside Locations, it is currently 3% of Net Sales. The due date for the Advertising Contribution is simply listed as "Payment Due Date". The Advertising Cooperative Contribution is due per the schedule set by your Advertising Cooperative.
Other fees have specific triggers and due dates. The Reinstatement Fee, calculated as 10% of the current Initial Franchise Fee plus any unpaid Royalty Fees, is due before reinstatement if the Franchise Agreement was terminated due to a health and safety default. The De-identification Fee, covering Auntie Annes's costs plus a 15% administrative fee, is due on invoice if Auntie Annes has to de-identify the shop after termination of the Franchise Agreement.