Does Cicis provide any warranties or representations regarding the costs or expenses a franchisee will incur?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
immediately prior to the execution of this Addendum (as it might have otherwise been amended, the "Franchise Agreement"). The "Effective Date" of this Addendum is the same as the Effective Date of the Franchise Agreement. Terms used but not defined in this Addendum have the meanings given them in the Franchise Agreement. For valuable consideration, receipt and sufficiency of which are acknowledged, the Parties agree as follows:
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- Franchisee's Representations. You represent and acknowledge that (i) the information you provided us in your application for the Underperforming Incentive Program (the "Program") was true and correct when provided and is true and correct as of the date you sign this Addendum; (ii) based on such information, you qualify and have been approved by us to participate in the Program; and (iii) you are in Good Standing (as defined in Section 5 below).
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- Reimbursement of Renewal Fee. If, in connection with your purchase and, if applicable, re-opening of the Restaurant, you conducted a grand opening promotion approved by us, we will reimburse you the expenses you incurred and paid in executing the grand opening promotion (less salaries and benefits paid to your owners or employees), up to the amount of the Renewal Fee you paid, if any, when you signed the Franchise Agreement. If you seek reimbursement under this paragraph, you must submit documentary proof of the paid expense within 30 days following the completion of your grand opening promotion. We reserve the right to determine, in our sole discretion, whether any submitted expense qualifies for reimbursement under this paragraph.
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- Modification of Royalty Fees. Section 4.C of the Franchise Agreement is supplemented and amended by adding the following to the end of the Section:
We agree that, provided you and your affiliates remain in Good Standing (as defined in the Underperforming Incentive Program Addendum), the Royalty Fee will be as follows: (i) 2% of Net Sales derived from the Effective Date through the day preceding the first anniversary of the Effective Date; (ii) 3% of Net Sales derived from the 1st anniversary to the 2nd anniversary of the Effective Date; and (iii) thereafter, the rate specified in Section 4.C of this Agreement.
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- Termination; Lost Revenue Damages. Provided you and your affiliates have been in Good Standing from the Effective Date and remain so during the notice period specified below, you may, at any time prior to [insert date that is the 18-month anniversary of the Effective Date], and without cause, deliver (as defined in the Franchise Agreement) a written notice to us of your election to terminate the Franchise Agreement. Termination will be effective at the close of business on the 30th day following delivery of your written notice of termination, and you will thereafter be required to comply with all obligations under the Franchise Agreement that are either triggered by or that expressly or by implication survive termination (except the obligation to pay Lost Revenue Damages under Section 16.M of the Franchise Agreement).
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- Definitions. As used in this Amendment, "Good Standing" means that you, your owners, and your affiliates (if any) are not in default of the Franchise Agreement or any other agreement with us or our affiliates; and that you, your owners, and your affiliates have substantially and timely complied with all of the terms and conditions of all such agreements, including the timely satisfaction of all monetary obligations owed to us or our affiliates.
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- General Release.
Source: Item 23 — RECEIPTS (FDD pages 65–263)
What This Means (2025 FDD)
Based on the 2025 FDD, Cicis does not provide explicit warranties or representations regarding the costs or expenses a franchisee will incur, but the document does outline some financial considerations and potential reimbursements under specific circumstances.
For franchisees participating in the Underperforming Incentive Program, Cicis may reimburse expenses incurred for a grand opening promotion, up to the amount of the Renewal Fee paid, provided the promotion is approved by Cicis. This reimbursement excludes salaries and benefits paid to the franchisee's owners or employees, and requires documentary proof of paid expenses submitted within 30 days of the promotion's completion. However, Cicis retains the sole discretion to determine if an expense qualifies for reimbursement.
Additionally, for franchisees reopening a previously closed Cicis restaurant, the initial franchise fee may be reduced to $5,000, contingent upon the franchisee and their affiliates remaining in good standing. Cicis reserves the right to revoke this reduction if the franchisee ceases to be in good standing, at which point the franchisee would be required to pay the remaining balance of the full initial franchise fee. The FDD also mentions a one-time right to close the restaurant under certain conditions related to negative EBITDA during an assessment period.
Prospective franchisees should carefully review the terms and conditions of the Franchise Agreement and any related addenda to fully understand the potential financial obligations and any limited opportunities for reimbursement or fee reductions. It is advisable to conduct thorough due diligence and seek professional financial advice to assess the potential costs and expenses associated with operating a Cicis franchise.