Are the initial fees described in Item 5 of the Cicis FDD refundable under any circumstances?

M 5 INITIAL FEES**

All fees described in this Item 5 are uniform for all franchisees and are not refundable under any circumstances. Except for some amounts that are payable to JMC as described below, all other fees described in this Item 5 are payable in a lump sum.

Initial Franchise Fees: When you sign the Franchise Agreement, you must pay us an initial franchise fee of $30,000 for a Cicis Buffet Restaurant and $15,000 for a Cicis To Go Restaurant (subject to reduction under current incentive programs described below). The initial franchise fee is payable in a lump sum and is uniformly imposed (although we reserve the right to negotiate it at our discretion).

Equipment, Inventory and Related Purchases: You must purchase from our affiliate, JMC, the following items that you will need to develop your Cicis Restaurant and to prepare it for opening:

• Initial Inventory: Your initial inventory of special recipe products (which include, among other things, cheese, sauces, dressings, dough ingredient packs, mixes, toppings, meats, flour, icing and specialty sugar) will range from $9,031 to $15,040 depending on the quantity of initial inventory you purchase. The foregoing amount is payable in lump sum upon the issuance of invoice by JMC.
• Smallwares: If you develop a Cicis Buffet Restaurant, the current initial package of smallwares costs $16,000 and is payable in two equal installments. The first installment is due and payable when you place the order and the second installment is payable before the opening of your Cicis Buffet Restaurant.
• Initial Equipment, Furniture, Fixture, Supplies & Décor: If you develop a Cicis Buffet Restaurant, your initial equipment (including the point-of-sale system), fixture, supplies (including beverages), and décor items needed to meet our System Standards (as defined in Item 8 below) will range from $162,752 to $226,000 depending on the size, configuration and condition of the premises at which your Cicis Buffet Restaurant will be developed. If you develop a Cicis To Go Restaurant, the package of these items will range from $87,586 to $114,473, also depending on the size, configuration and condition of the premises. The foregoing amount is payable in two equal installments. The first installment is due and payable when you place the order and the second installment is payable before the opening of your Cicis Restaurant.

Initial Training Fee: We do not charge an initial training fee for the first and second Cicis Restaurants you or your affiliates develop. If, based on your operating history and our assessment of your ability to train your employees for the third and each subsequent Cicis Restaurant you or your affiliates develop, we determine that you and your personnel are required to attend our training program for the third or any subsequent Cicis Restaurant, you will be required to pay us an initial training fee of $2,500. If charged, the initial training fee will be due and payable, in a lump sum, on your execution of the Franchise Agreement.

Inspection Fee: You must pay us the following inspection fee in connection with the development of your Cicis Restaurant:

• Fee for Second On-Site Inspection of Proposed Locations: We may, but are not required to, conduct on-site inspections of the construction of your Cicis Restaurant. If we elect to do so, we will not charge you a fee for inspecting a proposed location for the first time. However, if you choose to pursue a proposed location and we determine that it is appropriate to conduct another on-site inspection, you must pay us an inspection fee, which we estimate will be in the range of $200 to $1,500 (depending on the distance of your location from our corporate headquarters). This amount will be due and payable upon delivery of our invoice.
• Fee for On-Site Construction Inspection: We may, but are not required to, conduct on-site inspections of the construction of your Cicis Restaurant. If we elect to do so, you must pay us a reasonable fee which we estimate will be in the range of $200 to $1,500 (depending on the distance of your location from our corporate headquarters). This amount will be due and payable upon delivery of our invoice.

Source: Item 5 — INITIAL FEES (FDD pages 11–14)