Can Exit Realty Upper Midwest modify the fees outlined in the franchise agreement?
Exit Franchise · 2025 FDDAnswer from 2025 FDD Document
| l. | EXIT Realty Upper Midwest's approval of transfer by Franchisee | 18 | EXIT Realty Upper Midwest has the right to approve all transfers but will not unreasonably withhold approval. |
|---|---|---|---|
| m. | Conditions for EXIT Realty Upper Midwest approval of transfer | 18 | New Franchisee qualifies, transfer fee (10% of the then current initial franchise fee, not to exceed 25% of the Initial Franchise fee paid) paid, purchase agreement approved, training arranged, Assignment signed and current Franchise Agreement signed by new Franchisor or Franchisee (also see the non-competition section below). |
| n. | EXIT Realty Upper Midwest's right of first refusal to acquire your business | Not Applicable | |
| o. | EXIT Realty Upper Midwest's option to purchase your business | Not Applicable | |
| p. | Your death or disability | 16 | Treated as a non-curable breach. See Section 18.4 for transferability provisions. |
| q. | Non-competition covenants during the term of the Franchise | 21 | Subject to state law, no involvement in competing business without Subfranchisor's prior written consent. |
| r. | Non-competition covenants after the Franchise is terminated or expires. | 21 | Subject to state law, no competing business similar to EXIT for 1 year within the area licensed by us from EXIT. |
| s. | Modification of the Agreement | 28 | Fees are subject to change by Franchisor. The Manuals are subject to change. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 27–31)
What This Means (2025 FDD)
According to Exit's 2025 Franchise Disclosure Document, the fees outlined in the franchise agreement are subject to change by the franchisor. Specifically, Item 17, section s, states that the franchisor has the right to modify fees. Additionally, the manuals are also subject to change.
This means that prospective Exit franchisees should be aware that the initial fees and ongoing fees could increase or decrease during the term of their franchise agreement. It is important to carefully review the franchise agreement and any related documents to understand the potential for fee changes and how those changes will be communicated.
Franchisors typically retain some flexibility to adjust fees to respond to market conditions or changes in their business model. However, significant or frequent changes could impact a franchisee's profitability and overall satisfaction. Therefore, it is advisable to discuss the franchisor's history of fee changes and their rationale for making such adjustments with existing franchisees during the due diligence process.