Does Lees Famous Recipe reserve the right to charge a license fee for the Proprietary Software?
Lees_Famous_Recipe Franchise · 2025 FDDAnswer from 2025 FDD Document
Relatedly, you must obtain and use certain proprietary software (the "Proprietary Software") from us or our designated third-party supplier. You must enter into our or our designee's standard form software license agreement in connection with your use of the Proprietary Software. We reserve the right to charge you a license fee related to your use of the Proprietary Software; if we require you to do so, then you will pay the then-current fee for the Proprietary Software at or before the Proprietary Software is delivered to you.
Source: Item 8 — RESTRICTIONS ON SOURCES OF PRODUCTS AND SERVICES (FDD pages 26–33)
What This Means (2025 FDD)
According to Lees Famous Recipe's 2025 Franchise Disclosure Document, franchisees must obtain and use certain proprietary software from Lees Famous Recipe or their designated third-party supplier. Franchisees are also required to enter into a standard software license agreement. Lees Famous Recipe retains the right to charge a license fee for the use of this proprietary software. If Lees Famous Recipe requires a franchisee to pay this fee, the franchisee will be responsible for paying the then-current fee at or before the software is delivered.
This means that the cost of the proprietary software is not necessarily included in the initial franchise fee or other upfront costs. Lees Famous Recipe has the discretion to implement a license fee at any time, and the franchisee will be obligated to pay it. This could impact the franchisee's ongoing operating expenses and profitability. It is important for prospective franchisees to inquire about the current license fee, if any, and whether Lees Famous Recipe anticipates implementing or increasing this fee in the future.
Many franchisors require franchisees to use specific software systems for point-of-sale, inventory management, and other business operations. It is common for franchisors to either include the cost of the software in the initial fees or to charge ongoing licensing or subscription fees. The fact that Lees Famous Recipe reserves the right to charge a license fee is not unusual, but the lack of a fixed fee in the FDD makes it difficult for prospective franchisees to accurately project their expenses.