Is the waiver of the Mrcool Development Center Initial Franchise Fee dependent on the franchisee's affiliates being in good standing?
Mrcool Franchise · 2025 FDDAnswer from 2025 FDD Document
opment Agreement – Schedule A** DEVELOPMENT INFORMATION SHEET
| A. List of State Administrators | G. List of Franchisees | |---|---| | B. List of Agents for Service of Process | H. List of Franchisees Who Have Left the System | | C. Operations Manual Table of Contents | I. State Specific Addenda | | D. Financial Statements | J. State Effective Dates | | E. Franchise Agreement | K. Receipts | | F. Multi-Unit Development Agreement | | [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
FIRST DEVELOPMENT CENTER: The Development Center Initial Franchise Fee for the First Development
Source: Item 23 — RECEIPTS (FDD pages 55–263)
What This Means (2025 FDD)
According to Mrcool's 2025 Franchise Disclosure Document, the waiver of the Development Center Initial Franchise Fee for additional centers is contingent upon several factors. Specifically, the franchisee must not be in default of the MRCOOL Multi-Unit Development Agreement, including adherence to the Development Schedule. Additionally, neither the franchisee nor their affiliates can be in default of any Franchise Agreement or other agreement with Mrcool. If these conditions are met, the Development Center Initial Franchise Fee for each additional center beyond the first is waived, amounting to $0, payable at the time of signing the Franchise Agreement for each Development Center. This waiver is a significant benefit for multi-unit developers, reducing their initial investment costs.
For a prospective Mrcool franchisee, this means maintaining good standing with Mrcool is crucial to capitalize on the waived franchise fee for subsequent development centers. Defaulting on the development schedule or any agreement with Mrcool, or if any affiliate defaults, could result in the franchisee having to pay the Development Center Initial Franchise Fee for each additional center. This fee is $50,000 for the first development center, so the cost for additional centers could be significant if the waiver conditions are not met.
This type of conditionality is common in multi-unit franchise agreements. Franchisors want to ensure that franchisees are committed to the brand and are fulfilling their obligations before granting additional benefits like fee waivers. It's important for prospective franchisees to carefully review all agreements and schedules to ensure they can meet the requirements and maintain good standing. Franchisees should also ensure that their affiliates are aware of these requirements, as their actions could impact the franchisee's ability to obtain the fee waiver.
In summary, the waiver of the Development Center Initial Franchise Fee for additional Mrcool centers is a valuable incentive, but it comes with the responsibility of adhering to all agreement terms and ensuring that neither the franchisee nor their affiliates are in default. Prospective franchisees should carefully consider these conditions and their ability to meet them before entering into a multi-unit development agreement with Mrcool.