factual

What is included in the definition of 'Gross Sales' for a Bens Soft Pretzels store?

Bens_Soft_Pretzels Franchise · 2025 FDD

Answer from 2025 FDD Document

A. "Gross Sales" means all sales or revenues, derived directly or indirectly from the Store, including on-premises sales and monies derived at or away from the Store, whether from cash, check, credit and debit card, trade credit or credit transactions, including business interruption insurance proceeds and service charges in lieu of gratuity, but excluding (i) sales taxes collected from customers and paid to the appropriate taxing authority and (ii) the amount of all coupons redeemed at the Store.

Source: Item 22 — CONTRACTS (FDD pages 46–47)

What This Means (2025 FDD)

According to Bens Soft Pretzels' 2025 Franchise Disclosure Document, "Gross Sales" encompasses a broad range of revenues generated by the store. This includes all sales or revenues derived directly or indirectly from the store, whether from on-premises sales or from activities away from the store. The method of payment is not a factor, as revenues from cash, check, credit and debit card, trade credit, or credit transactions are all included. Business interruption insurance proceeds and service charges in lieu of gratuity are also part of Gross Sales.

However, there are a couple of specific exclusions from the Gross Sales definition. Sales taxes collected from customers and then paid to the appropriate taxing authority are excluded, as these are pass-through funds and not considered revenue for the business. Additionally, the amount of all coupons redeemed at the store is also excluded from Gross Sales, which means franchisees don't pay royalties on the discounted portion of sales when coupons are used.

For a prospective Bens Soft Pretzels franchisee, understanding this definition is crucial because royalty fees are typically calculated as a percentage of Gross Sales. A clear understanding of what constitutes Gross Sales ensures accurate reporting and payment of royalties to the franchisor. Franchisees should pay close attention to the inclusions and exclusions to properly manage their financial obligations under the franchise agreement.

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.