How does the Crawlspace Medic's continuing royalty fee (Item 6) relate to the definition of Gross Revenues?
Crawlspace_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
ot refundable under any circumstances.** Franchise shall pay the full amount of the Initial Fee to Franchisor upon Franchisee's execution of this Agreement.
- 6.1.2 Royalty Fee. Franchisee agrees to pay Franchisor, throughout the Term, a royalty fee equal to six percent (6%) of the Franchisee's Gross Revenue ("Gross Revenue") each week as hereinafter defined, realized from the Franchised Business using Franchisor's methods, operations and/or trade secrets (the "Royalty Fee"). The term "Gross Revenue" includes all revenues and income from or received by Franchisee from, through, by or on account of the operation of the Franchised Business or made pursuant to the rights granted hereunder, including but not limited, any and all other revenues received using Franchisor's methods, operations and/or trade secrets whether received in cash, in services, in kind, from barter and/or exchange, on credit (whether or not payment is actually received) or otherwise. It does not include (i) any sales tax or similar taxes collected from customers and turned over to the governmental authority imposing the tax, (ii) properly documented refunds to customers, (iii) properly documented promotional discounts (i.e. coupons) or (iv) properly documented employee discounts (limited to 3% of Gross Revenue). Gross Revenue does not include gift card purchases, at the time of purchase, but Gross Revenue does include the redemption amount of purchases made by gift card.
- 6.1.3 Gross Revenue Reports. Franchisee shall, each Wednesday following the close of the previous week, furnish Franchisor with a report showing Franchisee's Gross Revenue at or from the Franchised Business and/or
made pursuant to the rights granted hereunder during such period (the "Gross Revenue Report"). The Gross Revenue Report shall be in such form and shall contain such information as Franchisor may from time to time prescribe. Franchisor requires the use of a point of sale system ("POS System"), currently Vonigo, in the operation of the Franchised Business. At Franchisor's option, Franchisee shall submit the Gross Revenue Report by an electronic transfer of data via the POS System at the times and interims then specified by Franchisor.
- 6.1.4 Method of Payment. Franchisee shall pay the Royalty and Brand Fund payment, as defined and more particularly described in Article 13, directly to the Franchisor via ACH on the same day they submit Gross Revenue Reports for the week. At Franchisor's request, Franchisee must execute documents that allow Franchisor to automatically take the Royalty Fee and Brand Fund Contribution due as well as other sums due Franchisor, from business bank accounts via electronic funds transfers. Franchisee's failure to allow electronic funds transfers on an ongoing basis is a material breach of this Agreement.
- 6.2. Late Fee.
What This Means (2024 FDD)
According to Crawlspace Medic's 2024 Franchise Disclosure Document, the continuing royalty fee is directly tied to the franchisee's Gross Revenue. The royalty fee is 6% of Gross Revenues per week. These royalties are collected weekly via ACH. The FDD specifies that Gross Revenues are defined in Note 2 of Item 6.
The FDD defines "Gross Revenue" as all revenues and income from or received by the franchisee from the operation of the Franchised Business, including revenues received in cash, services, in kind, from barter and/or exchange, or on credit, whether or not payment is actually received. However, Gross Revenue does not include sales tax remitted to governmental authorities, properly documented refunds to customers, properly documented promotional discounts (i.e., coupons), or properly documented employee discounts (limited to 3% of Gross Revenue). Gross Revenue does not include gift card purchases, at the time of purchase, but Gross Revenue does include the redemption amount of purchases made by gift card.
Franchisees must furnish Crawlspace Medic with a Gross Revenue Report each Wednesday following the close of the previous week. This report should detail the franchisee's Gross Revenue. Crawlspace Medic requires franchisees to use a point of sale system (POS System), currently Vonigo, in the operation of the Franchised Business. Franchisees must pay the Royalty Fee directly to Crawlspace Medic via ACH on the same day they submit Gross Revenue Reports for the week. Failure to allow electronic funds transfers on an ongoing basis is a material breach of the Franchise Agreement.