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Under what condition are contingent rental provisions triggered for Checkers leases?

Checkers Franchise · 2025 FDD

Answer from 2025 FDD Document

Certain leases contain contingent rental provisions based on percentages of gross sales if an established threshold is met. Contingent rent expenses are considered to be variable and are recognized once minimum sales volume is expected to be achieved. Contingent rent expense was not material for the fiscal year ended December 30, 2024 (Successor) and the periods from June 17, 2023 through January 1, 2024 (Successor) and from January 3, 2023 through June 16, 2023 (Predecessor).

Source: Item 21 — FINANCIAL STATEMENTS (FDD page 91)

What This Means (2025 FDD)

According to Checkers's 2025 Franchise Disclosure Document, certain leases have contingent rental provisions. These provisions are based on a percentage of gross sales. The trigger for these provisions is meeting an established sales threshold. Once Checkers expects a location to meet the minimum sales volume, they recognize the contingent rent expenses as variable expenses.

For a prospective Checkers franchisee, this means that the lease agreement for their restaurant location might include a clause where the rent increases if the restaurant's gross sales exceed a certain amount. This is a fairly common practice in the franchise industry, where landlords want to share in the success of a business operating on their property.

It's important for franchisees to understand these contingent rental provisions, as they can impact the profitability of their restaurant. Franchisees should carefully review their lease agreement and understand the sales thresholds and the percentage of gross sales that will be used to calculate the contingent rent. They should also factor in these potential rent increases when projecting their restaurant's financial performance. While the document states that contingent rent expense was not material for the reported periods, franchisees should still be aware of the possibility of such expenses in the future.

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.