Where are the 'Approved Expense Items' set forth for a Christian Brothers Automotive franchise?
Christian_Brothers_Automotive Franchise · 2025 FDDAnswer from 2025 FDD Document
You will pay a "Royalty Fee" of 50% of monthly "Split Profits" (as defined below) to CBAC each month during the initial term of your Franchise Agreement and during the remainder of all terms of your Franchise Agreement, including all extension and renewal periods. This payment is due on the last day of each succeeding month, and is based on the "Split Profits" estimated for the preceding month. Estimated payments will be due monthly and a final reconciliation will be calculated at each year end for a "true up" on the annual "Split Profits". "Split Profits" shall mean all monies, revenues and items of value from all sources generated in connection with and/or in any way related to the Franchised Business minus the Approved Expense Items. "Approved Expense Items" shall mean (i) those expense items calculated under Generally
Accepted Accounting Principles (GAAP) and approved by us as set forth in the Confidential Operations Manual, (ii) all subsequent written budget adjustments that are approved in writing by us, and (iii) all adjustments defined in the Confidential Operations Manual. Amendments to the Confidential Operations Manual that impact the Approved Expense Items will be effective upon the later of (i) receipt by you, or (ii) the effective date that is designated in writing from us. Approved Expense Items include approved expenses, debt service and/or other capital expenditures, which are approved in advance. Any salary or wage that your business pays to you and/or your spouse, as an employee of the franchise, is contingent upon the business making enough profit to pay such salary or wage and is not a guarantee of payment by CBAC. CBAC agrees to allow up to $60,000 combined salary or wage to you or split between you, your spouse and any of your household dependents to be an Approved Expense Item. Any expense that is not an Approved Expense Item (each an "Unapproved Expense Item"), will require an equal amount of royalty fee to CBAC, regardless of the Split Profits calculation, payable at the same time as the payment of the Unapproved Expense Item.
Source: Item 6 — OTHER FEES (FDD pages 17–25)
What This Means (2025 FDD)
According to Christian Brothers Automotive's 2025 Franchise Disclosure Document, the 'Approved Expense Items' are defined within the Confidential Operations Manual. These items are used to calculate 'Split Profits,' from which the royalty fee is derived. Specifically, 'Approved Expense Items' include those expenses calculated according to Generally Accepted Accounting Principles (GAAP) and approved by Christian Brothers Automotive, as detailed in the Confidential Operations Manual.
Furthermore, any subsequent written budget adjustments approved in writing by Christian Brothers Automotive also qualify as 'Approved Expense Items.' Adjustments defined within the Confidential Operations Manual are also included. Amendments to the Confidential Operations Manual that affect 'Approved Expense Items' become effective upon the franchisee's receipt or the designated effective date provided in writing by Christian Brothers Automotive, whichever is later.
Approved expenses, debt service, and capital expenditures are included as 'Approved Expense Items,' provided they receive advance approval. The FDD specifies that a combined salary or wage of up to $60,000 for the franchisee, their spouse, and any household dependents can be considered an 'Approved Expense Item,' contingent on the business's profitability. Any expense not classified as an 'Approved Expense Item' requires an equivalent royalty fee payment to Christian Brothers Automotive, irrespective of the 'Split Profits' calculation.