If Aw provides financial performance information, where must it be included?
Aw Franchise · 2025 FDDAnswer from 2025 FDD Document
The FTC's Franchise Rule permits a franchisor to provide information about the actual or potential financial performance of its franchised and/or franchisor-owned outlets, if there is a reasonable basis for the information, and if the information is included in the Disclosure Document. Financial performance information that differs from that included in Item 19 may be given only if (1) a franchisor provides the actual records of an existing outlet you are considering buying; or (2) a franchisor supplements the information provided in this Item 19, for example, by providing information about possible performance at a particular location or under particular circumstances.
We do not make any representations about a franchisee's future financial performance or the past financial performance of company-owned or franchised outlets. We also do not authorize our employees or representatives to make any such representations either orally or in writing. If you are purchasing an existing outlet, however, we may provide you with the actual records of that outlet. If you receive any other financial performance information or projections of your future income, you should report it to the franchisor's management by contacting John Rayyan at 8 McGlashen Drive, South Barrington, IL 60010, phone: 847-322-5666, the Federal Trade Commission, and the appropriate state regulatory agencies.
Source: Item 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD page 37)
What This Means (2025 FDD)
According to Aw's 2025 Franchise Disclosure Document, if Aw provides information about the actual or potential financial performance of its franchised and/or franchisor-owned outlets, the information must be included in the Disclosure Document. This is permitted by the FTC's Franchise Rule if there is a reasonable basis for the information.
Aw can only provide financial performance information that differs from Item 19 if (1) Aw provides the actual records of an existing outlet the franchisee is considering buying; or (2) Aw supplements the information provided in Item 19, for example, by providing information about possible performance at a particular location or under particular circumstances.
However, Aw states that it does not make any representations about a franchisee's future financial performance or the past financial performance of company-owned or franchised outlets. Aw also does not authorize its employees or representatives to make any such representations either orally or in writing. If a prospective franchisee receives any financial performance information or projections of future income outside of Item 19, they should report it to Aw's management, the Federal Trade Commission, and the appropriate state regulatory agencies.