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How does the Exit franchisee's obligation to purchase materials from approved suppliers (Item 8) relate to the pre-opening purchases listed in Item 9?

Exit Franchise · 2025 FDD

Answer from 2025 FDD Document

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ITEM 8 RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES

You must purchase all stationery, merchandising material and/or anything else that is utilized by you that contains EXIT's logo and/or Marks from EXIT's Approved Suppliers or Suppliers that sign a Confidentiality and License Agreement with EXIT. EXIT, through its Affiliate, Ah$um America, Inc., maintains a list of Approved Suppliers. If you wish to have a supplier designated as "Approved," you may submit information about the supplier and its relevant products or services to Ah$um America, Inc. for review. Ah$um America, Inc. will not unreasonably withhold its approval of any supplier that meets the quality standards set forth in the EXIT Training Manual and agrees to sign Ah$um America, Inc.'s then current Terms and Conditions document for Approved Suppliers. Ah$um America, Inc. will notify you of its decision within 60 days of your submission. Ah$um America, Inc. reserves the right to re-inspect the products or services of any Approved Supplier and revoke its approval if the service or product fails to meet the quality standards set forth in the EXIT Training Manual. Ah$um America, Inc. will send written notice of any revocation to the Approved Supplier. Ah$um America does not impose a fee or cost for Supplier approval.

Ah$um America, Inc. applies the following general criteria in approving a proposed Supplier:

  • (a) Ability to make Product in conformity with EXIT's specifications;
  • (b) Production, supply considerations and delivery capability;
  • (c) Reputation and integrity of Supplier;
  • (d) Financial condition and insurance coverage of Supplier.

Approved Suppliers are sent written notice of any modifications in EXIT quality standards.

EXIT is the only approved supplier for certain computer software for the Franchise report system known as MEMO. You must purchase a compatible computer for the Franchise MEMO system. The computer requirements are described in ITEM 11. The MEMO system has been developed and will be licensed by EXIT to you. There is no initial cost for the system. You must pay a monthly license fee of $250.00. If you own more than 1 EXIT Franchise, and those are operated by the same legal entity and use the same trade name, the monthly license fee for the second and subsequent Franchise Agreements shall be reduced to 25% of the monthly license fee charged at the time the subsequent Franchise Agreement(s) is signed.

You must comply with quality standards and specifications described in EXIT's Training Manuals for furnishings, fixtures, equipment and operating supplies.

Approved Suppliers may pay EXIT, through Ah$um America, Inc., a royalty based on sales revenues for each product sold utilizing the EXIT Mark. The amount is negotiated with each approved supplier, as a percentage of revenues or a flat fee, and varies from Supplier to Supplier. Based on the most recent audited financial statements, EXIT, through Ah$um America, Inc., received $246,406.79 in royalties from Approved Suppliers in 2024 and $1,370,925.52 from its MEMO software license and access fees in 2024. The total of these amounts constitutes 6.9% of EXIT's 2024 revenues, which totaled $19,674,709.52. Based on the most recent audited financial statements, EXIT's Affiliates received no revenue from sales to franchisees.

We estimate that the required purchases described above are 3.0% to 12.0% of the cost to establish and operate the EXIT Franchise (this includes the exterior sign(s), office supplies, yard signs and MEMO fees).

Except for the license of the MEMO system, neither EXIT nor its Affiliates are Approved Suppliers, and no officer of EXIT owns an interest in an Approved Supplier. There are no purchasing or distribution cooperatives in existence as of the date of this Disclosure Document. Except for Approved Suppliers, EXIT does not negotiate purchase agreements with suppliers for the benefit of Franchisees.

What This Means (2025 FDD)

According to Exit's 2025 Franchise Disclosure Document, Item 8 and Item 9 are related through the franchisee's obligation to make pre-opening purchases from approved suppliers. Item 9 generally refers to the franchisee's obligations, and specifically notes in the provided table that 'Pre-opening Purchases/Leases' are discussed in Sections 3 of the Franchise Agreement and Items 5, 6, and 7 of the FDD. Item 8 details the restrictions on sources of products and services, stating that franchisees must purchase stationery, merchandising material, and anything with Exit's logo from Exit's Approved Suppliers or Suppliers that sign a Confidentiality and License Agreement with Exit.

Specifically, Item 8 states that Exit is the only approved supplier for certain computer software for the Franchise report system known as MEMO, and the franchisee must purchase a compatible computer for the Franchise MEMO system. There is no initial cost for the system, but the franchisee must pay a monthly license fee of $250.00. The franchisee must also comply with quality standards and specifications described in Exit's Training Manuals for furnishings, fixtures, equipment, and operating supplies.

The FDD notes that Approved Suppliers may pay Exit, through Ah$um America, Inc., a royalty based on sales revenues for each product sold utilizing the Exit Mark. In 2024, Exit received $246,406.79 in royalties from Approved Suppliers and $1,370,925.52 from its MEMO software license and access fees. These amounts totaled 6.9% of Exit's 2024 revenues, which totaled $19,674,709.52. The FDD estimates that the required purchases from approved suppliers are 3.0% to 12.0% of the cost to establish and operate the Exit Franchise, including exterior signs, office supplies, yard signs, and MEMO fees.

In summary, Item 8 defines the approved suppliers and the products that must be purchased from them, while Item 9 broadly covers the franchisee's pre-opening obligations, including those purchases. This means a prospective franchisee needs to carefully review the list of approved suppliers and the required purchases to understand the costs associated with setting up and operating the Exit franchise.

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.