factual

Can Gold Star limit or affect profits, revenues, or income on sales or services to the franchisee?

Gold_Star Franchise · 2025 FDD

Answer from 2025 FDD Document

  • 19.2 No Right to Discounts or Profits. Nothing contained in this Agreement shall be construed so as to limit or affect in any way whatsoever any profits, revenues or income the COMPANY or any of its affiliates or associates may earn or charge on sales or services to FRANCHISEE, nor shall it be construed so as to entitle FRANCHISEE to any share or participation in any discount, rebates, commission, fees or other sums that the COMPANY may receive from suppliers, distributors, manufacturers, sales organizations or others supplying goods or services to the COMPANY or FRANCHISEE, or judgments or damages awarded to the COMPANY of any kind whatsoever, and FRANCHISEE expressly acknowledges that the COMPANY may earn or receive such without any obligation therefor to FRANCHISEE.

Source: Item 23 — Receipts (FDD pages 53–163)

What This Means (2025 FDD)

According to the 2025 Gold Star Franchise Disclosure Document, Gold Star can affect a franchisee's profits, revenues, or income on sales or services. Specifically, the franchise agreement states that Gold Star has no obligation to share any discounts, rebates, commissions, fees, or other sums it receives from suppliers with the franchisee. Gold Star is entitled to earn or receive such benefits without any obligation to the franchisee. This means that Gold Star can negotiate favorable deals with suppliers and retain the resulting financial benefits, rather than passing them on to franchisees.

This arrangement is common in franchising, where franchisors often leverage their collective buying power to secure better deals with suppliers. However, it's important for prospective franchisees to understand that they may not directly benefit from these arrangements. The franchisee is not entitled to any share or participation in any discount, rebates, commission, fees or other sums that Gold Star may receive from suppliers, distributors, manufacturers, sales organizations or others supplying goods or services to Gold Star or the franchisee.

Furthermore, the agreement explicitly states that nothing within it should be interpreted as limiting or affecting the profits, revenues, or income that Gold Star or its affiliates may earn from sales or services to the franchisee. This clause reinforces Gold Star's right to set prices and terms for goods and services provided to franchisees, which can directly impact the franchisee's profitability. A prospective franchisee should consider how these factors might affect their potential earnings and discuss any concerns with Gold Star before signing the franchise agreement.

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.