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What are the implications of Management Recruiters's ability to sell additional franchises within a franchisee's geographic location (Item 12) on the franchisee's potential revenue and the fees they are obligated to pay (Item 6)?

Management_Recruiters Franchise · 2024 FDD

Answer from 2024 FDD Document

Members who purchase a franchise receive a single site non-exclusive location. There are no minimum territorial rights under this franchise opportunity. There are no restrictions placed on you for soliciting and conducting your franchised business anywhere in the world.

MRI can sell additional franchises within the geographic location of your site. We are not obligated to compensate you for soliciting and/or conducting business within your location while using our principal trademark(s) or any other trademarks. You may not relocate your office under any circumstance without our prior written approval.

You will not receive an exclusive territory. You may face competition from other franchisees, from outlets that we own, from other channels of distribution or competitive brands that we or our affiliates control. Management Recruiters International, Inc., previously granted exclusive territories ("legacy territory(ies)") and some of those territories are still in effect. Existing members with legacy territories are under no obligation to permit another member to relocate in the legacy territory. The business is conducted largely via long distance and Internet so there is limited, if any, impact on your business from nearby members. Because recruiters work specific industries, you may in fact find that your closest competitor in the MRINetwork is located in a different part of the United States. With MRI's prior written approval, owners of single site locations are permitted to relocate anywhere in the United States subject to any legacy territory rights. If you choose to locate or relocate to a legacy territory, you may be required to pay a supplemental royalty to the existing member to obtain their consent. This is typically two percent (2%) of Net Cash-In and is dependent upon the decision of the legacy territory owner.

MRI and its affiliates reserve the right to use any channels of distribution, including the internet, to make sales of products or services in any territory/location while using the MRI trademarks or other trademarks not licensed to you. MRI is not required to compensate franchisees for soliciting or conducting business within any territory/location.

What This Means (2024 FDD)

According to Management Recruiters's 2024 Franchise Disclosure Document, franchisees receive a single site non-exclusive location, meaning Management Recruiters can sell additional franchises within the same geographic area. This lack of territorial exclusivity means a franchisee's potential revenue could be impacted by direct competition from other Management Recruiters franchisees, outlets owned by Management Recruiters, or other channels of distribution. The FDD states that Management Recruiters is not obligated to compensate franchisees for business solicited or conducted within their location using their trademarks. This could lead to revenue being diverted to other franchisees or channels without any compensation to the original franchisee.

However, the document also notes that the Management Recruiters business is conducted largely via long distance and the Internet, which may limit the impact of nearby franchisees. Additionally, recruiters often work in specific industries, so a franchisee's closest competitor within the MRINetwork might be located in a different part of the United States.

There is a possibility of supplemental royalty payments if a franchisee chooses to relocate to a 'legacy territory,' which are territories previously granted as exclusive. In such cases, the franchisee may be required to pay a supplemental royalty, typically 2% of Net Cash-In, to the existing legacy territory owner to obtain their consent for the relocation. This supplemental royalty is dependent on the legacy territory owner's decision. The standard fees that all franchisees must pay, such as the Continuing Fees, Marketing and Public Relations Fee (0.5% of Gross Funds), and Back Office Services Fee ($950 per month), remain the same regardless of the presence of other franchisees in the area, although revenue may be impacted by the presence of other franchisees.

Disclaimer: This information is extracted from the 2024 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.