What is the Brand Development Fund Fee for Deer Solution franchises, and where is it detailed in the agreement?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
[Item 23: RECEIPTS]
The accompanying notes are an integral part of the financial statements.
Deer Solution Franchising, LLC December 31, 2024 and 2023 Notes To Financial Statements
1. COMPANY AND NATURE OF OPERATIONS
Deer Solution Franchising, LLC (the Company) was established in the state of New Jersey on December 30, 2021, for the purpose of offering franchise opportunities to entrepreneurs who want to own and operate their own Deer Solution Business. Deer Solution is a home-based service franchise that helps property owners protect flowers and shrubs from deer damage with regular service applications. The Company offers individual unit franchises and area development franchises for the development of multiple units within a designated territory.
2. SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
This summary of significant accounting policies is presented to assist the reader in understanding and evaluating the Company's financial statements. The financial statements and notes are representations of the Company's management, which is responsible for their integrity and objectivity. These accounting policies conform to generally accepted accounting principles and have been consistently applied in the preparation of financial statements.
A. Basis of Accounting
The Company's financial statements have been prepared in conformity with accounting principles generally accepted in the United States of America ("GAAP").
B. Cash and Cash Equivalents
For purposes of the Statement of cash flows, cash equivalents include bank accounts and cash in transit for bank deposits with maturities of three months or less to be cash equivalents.
C. Brand Development Fund
The Company collects funds from franchisees to manage the brand level advertising, marketing and development program. The fee is based on a percentage of the gross sales less any amount paid towards sales tax, payable weekly.
D. Accounts Receivable
Accounts receivable arise primarily from initial franchise fees, brand funds, management fees and royalties are carried at their estimated collectible amounts, net of any estimated allowances for doubtful accounts. The Company provides an allowance for doubtful collections, which is based upon a review of outstanding receivables, historical collection information, existing economic conditions, and other relevant factors. Management has determined that no allowance for doubtful accounts was necessary on December 31, 2024 and 2023.
E. Federal Income Taxes
As designated by Franchisor in this Agreement, the Operations Manual, or otherwise, Franchisee shall pay to Franchisor and/or as otherwise directed by Franchisor, each of the following additional fees:
(1) Brand Development Fund Fee Franchisee shall pay to Franchisor, Franchisor's affiliates, or Franchisor's designees the Brand Development Fund Fee as set forth in Article 9.A. of this Agreement. Brand Development Fund Fee, as applicable and, at Franchisor's election, may be prededucted by Franchisor from Gross Sales.
(6) Franchisee agrees to participate in all advertising, marketing, promotions, research, and public relations programs instituted by the Brand Development Fund;
(7) Deer Solution Businesses owned by Franchisor or Franchisor's affiliates are not required to pay any Brand Development Fund Fee or contribute to or make any contribution to the Brand Development Fund;
(8) Franchisee and Franchisor acknowledge and agree that (a) the Brand Development Fund is not a trust, (b) Franchisor is not a trustee or fiduciary of the Brand Development Fund, and (c) Franchisor may deposit and maintain any and all funds of the Brand Development Fund Fee in Franchisor's general accounts.
Brand Development Fund Fees are not required to be segregated from other assets or accounts of Franchisor.
(9) Although Franchisor will endeavor to utilize the Brand Development Fund to develop advertising and marketing materials and programs, Franchisor undertakes no obligation to ensure that expenditures by the Brand Development Fund in or affecting any geographic area are proportionate or equivalent to the contributions to the Brand Development Fund by Deer Solution Businesses operating in that geographic area or that any Deer Solution Businesses will benefit directly or in proportion to its contribution to the Brand Development Fund from the development of advertising and marketing materials. Franchisor may use the Brand Development Fund to promote or benefit any type of Deer Solution Businesses in the System. Franchisor may use the Brand Development Fund to promote or benefit Deer Solution Businesses located within a particular region of the United States. Franchisee agrees that Franchisee's failure to derive any such benefit will not serve as a basis for a reduction or elimination of its obligation to contribute to the Brand Development Fund. Franchisee agrees that the failure (whether with or without Franchisor's permission) of any other franchisee to make the appropriate amount of contributions to the Brand Development Fund shall not in any way release Franchisee from or reduce Franchisee's obligations under this Article 9, such obligations being separate and independent obligations of Franchisee under this Agreement. Except as expressly provided in this Article 9, Franchisor assumes no direct or indirect liability, responsibility, or obligation to Franchisee with respect to the maintenance, direction, and/or administration of the Brand Development Fund; and
(10) Franchisor, in Franchisor's Reasonable Business Judgment, may establish a council to provide guidance respecting the administration of the Brand Development Fund and marketing matters concerning the Brand Development Fund. The council shall only serve in an advisory capacity and Franchisor shall select members of the council which may be comprised of employees of Franchisor, Franchisor, franchisees of the System and third parties.
"Brand Development Fund" shall have the meaning defined and set forth in Article 9.A. of this Agreement
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, the Brand Development Fund fee is collected to manage brand-level advertising, marketing, and development programs. The FDD states that the fee is based on a percentage of gross sales, less any amount paid towards sales tax, and is payable weekly. This information is detailed in Item 23, Receipts, within the notes to the financial statements.
Deer Solution franchisees are required to participate in all advertising, marketing, promotions, research, and public relations programs instituted by the Brand Development Fund. However, Deer Solution businesses owned by the franchisor or its affiliates are not required to pay this fee or contribute to the fund. The franchisor may use the Brand Development Fund to promote or benefit any type of Deer Solution business within the system, including those in a particular region of the United States.
The franchisor does not guarantee that expenditures from the Brand Development Fund will be proportionate to contributions from Deer Solution businesses in any specific geographic area, nor that any franchisee will directly benefit in proportion to their contribution. The franchisor may also establish an advisory council to provide guidance on the administration of the fund and marketing matters, with members selected from employees, franchisees, and third parties. The Brand Development Fund is further defined in Article 9.A. of the agreement.
It's important to note that the Brand Development Fund is not a trust, and the franchisor is not a trustee or fiduciary of the fund. The franchisor can deposit and maintain the funds in its general accounts, and these funds are not required to be segregated from other assets. The Brand Development Fund Fee, as applicable, may be pre-deducted by the Franchisor from Gross Sales.