factual

What is the threshold for underpayment of amounts owing to Circle K that triggers reimbursement for audit costs?

Circle_K Franchise · 2025 FDD

Answer from 2025 FDD Document

If an audit reveals that you have underpaid us for amounts owing under your Convenience Store Franchise Agreement, and the underpayment is willful or exceeds two percent (2%) of your actual Gross Sales, in addition to paying the full amount owing, with interest, you must reimburse us for the cost of the audit, including travel, lodging, meals, reasonable professional fees, salaries, and other expenses of the persons conducting the audit.

Source: Item 6 — OTHER FEES (FDD pages 22–35)

What This Means (2025 FDD)

According to Circle K's 2025 Franchise Disclosure Document, if an audit reveals that a franchisee has underpaid amounts owed under the Convenience Store Franchise Agreement, the franchisee may be responsible for covering the costs of the audit. This reimbursement is triggered if the underpayment is considered willful or exceeds two percent of the franchisee's actual Gross Sales.

If the underpayment meets either of these conditions, the franchisee must pay the full amount owed, along with interest, and reimburse Circle K for the cost of the audit. The audit costs include travel, lodging, meals, reasonable professional fees, salaries, and other expenses incurred by the individuals conducting the audit.

This policy incentivizes accurate financial reporting and compliance with the franchise agreement. Franchisees should ensure they have robust accounting practices to avoid unintentional underpayments that could lead to audit costs. The "willful" aspect also suggests that intentional underreporting of sales could lead to more severe financial repercussions beyond simply repaying the owed amount.

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.