factual

What receipts are excluded from the definition of 'Gross Revenue' for an Aw franchise?

Aw Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 10.4 Definition of "Gross Revenue". As used in this Agreement, the term "Gross Revenue" means the amount of all receipts from the sale of any and all food, beverages, merchandise or other products or services made and rendered in, on or from the Premises, or through any other means, including sales outside of the Premises, that is in any way related to your Papa Ray's Pizza Restaurant, whether for cash, exchange or credit (and regardless of collection in the case of credit), except that Gross Revenue will not include any receipts from sales, use, or service taxes collected from customers and paid to the appropriate taxing authority, promotional customer discounts and coupons, authorized employee discounts and complimentary products for promotional or charitable purposes.

Source: Item 22 — CONTRACTS (FDD pages 39–40)

What This Means (2025 FDD)

According to Aw's 2025 Franchise Disclosure Document, the term "Gross Revenue" is comprehensively defined for the purpose of calculating royalty fees and marketing fund contributions. Gross Revenue includes all receipts from the sale of food, beverages, merchandise, or other products and services, whether the sales occur on the premises or through any means related to the Aw restaurant, including cash, exchange, or credit transactions. This broad definition ensures that all sales channels and transaction types contribute to the revenue base on which fees are calculated.

However, the definition of Gross Revenue for an Aw franchise specifically excludes certain receipts. These exclusions include sales, use, or service taxes collected from customers and remitted to the appropriate taxing authority. Additionally, promotional customer discounts and coupons are excluded, as are authorized employee discounts and complimentary products provided for promotional or charitable purposes. These exclusions effectively reduce the revenue base on which franchisees pay royalties and marketing fund contributions, aligning these fees more closely with the actual net sales retained by the franchisee.

For a prospective Aw franchisee, understanding this definition is crucial for financial planning and accurately calculating ongoing fees. By excluding taxes, discounts, and complimentary items from Gross Revenue, Aw aims to provide a fairer basis for fee calculation. Franchisees should ensure they maintain accurate records of these exclusions to reconcile their reported Gross Revenue with the franchisor's audits and inspections, as discrepancies could lead to additional payments, interest, and even reimbursement of audit costs if underreporting exceeds two percent.

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.