How is the amount of 'Wind-Down Damages' calculated for a Belocal franchise?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
. Therefore, Franchisee and Franchisor agree that a reasonable estimate of those damages (as liquidated damages and not as a penalty) is an amount equal to the greater of six months' worth of the average Royalty Franchisee paid for the prior 12 months or $2,500 ("Wind-Down Damages"). Franchisor shall have the right to deduct or withhold any Wind-Down Damages from Franchisee's Commissions or transfer the Wind-Down Damages by EFT from Franchisee to Franchiso
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, the 'Wind-Down Damages' are calculated as a liquidated damages amount, not as a penalty. This amount is intended to cover the damages Belocal would incur if a franchisee abandons the business before the agreement expires or fails to follow the wind-down procedures outlined in the Franchise Brand Standards Manual.
The specific amount of these damages is determined to be the greater of two figures: either six months' worth of the average Royalty the franchisee paid over the prior 12 months, or a flat fee of $2,500. This calculation provides a baseline for the financial repercussions a franchisee might face for not adhering to the proper closure protocols or prematurely abandoning the Belocal franchise.
Belocal retains the right to deduct or withhold these Wind-Down Damages from any commissions owed to the franchisee or to transfer the damages via EFT (Electronic Funds Transfer) from the franchisee to Belocal. This ensures that Belocal has a direct mechanism for recovering these damages, should the situation arise.
Prospective Belocal franchisees should understand these Wind-Down Damages as a significant potential cost associated with non-compliance during the termination or transfer of their franchise. It highlights the importance of adhering to the wind-down procedures and maintaining operations until the agreed-upon termination date to avoid these charges.