For Bb.Q Chicken franchises, are taxes collected from customers included in Gross Sales?
Bb_Q_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
For the purposes of determining the royalties to be paid under the Franchise Agreement, "Gross Sales" means the total selling price of all services and products and all income of every other kind and nature related to the Franchised Business, whether for cash or credit and regardless of collection in the case of credit, including, and including any third-party delivery fees. If a cash shortage occurs, the amount of Gross Sales will be determined based on the records of the point-of-sale system and any cash shortage will not be considered in the determination. Gross Sales expressly excludes taxes collected from your customers and paid to the appropriate taxing authority and customer refunds or adjustments. Gross Sales includes your revenues from the sale of alcoholic beverages. If a state or local law applicable to your Franchised Business prohibits or restricts in any way your ability to pay and our ability to collect Royalty Fees or other amounts based on Gross Sales derived from the sale of alcoholic beverages at the Franchised Business, then we will renegotiate the Royalty Fees and other provisions to provide the same basic economic effect to both us and you as otherwise provided in this Agreement, with a corresponding change to the definition of Gross Sales.
Source: Item 6 — OTHER FEES (FDD pages 15–21)
What This Means (2025 FDD)
According to Bb.Q Chicken's 2025 Franchise Disclosure Document, gross sales expressly exclude taxes collected from customers that are then paid to the appropriate taxing authority. Gross sales also exclude customer refunds or adjustments. However, gross sales do include revenues from the sale of alcoholic beverages.
Bb.Q Chicken franchisees will calculate their royalty fees based on gross sales, so it is important to understand what is and is not included in that calculation. By excluding taxes, Bb.Q Chicken ensures that franchisees are not paying royalties on money that is simply being passed through to government entities. This is a common practice in franchising, as it provides a fairer basis for calculating royalties.
If a state or local law prevents Bb.Q Chicken from collecting royalty fees on alcohol sales, Bb.Q Chicken will renegotiate the royalty fees and other provisions to provide the same basic economic effect to both Bb.Q Chicken and the franchisee. This ensures that both parties are protected and that the agreement remains fair, even if local laws change.