Ranking of states by dollar amount of incentives used to recruit industry.

groundbreaking ceremonyIt’s ironic that New York, with one of the greatest net outflows of industry, is first by a country mile when ranked by incentives granted to companies to locate within the state.

The Washington, D.C.-based non-profit, Subsidy Tracker, recently released a report ranking all states by dollar amount of incentives used to attract industry over the past 10 years ending December 31, 2013.

According to their report, these are the top 10 states for the last 10 years:

State Subsidy Value Number of Subsidies
New York $20,932,681,224 68,947
Washington $13,036,329,150 12,788
Michigan $9,988,504,162 15,025
Louisiana $7,663,729,147 5,258
Kentucky $7,356,032,306 3,983
Texas $6,314,830,245 3,942
Indiana $5,875,569,695 6,314
Missouri $4,709,727,204 3,407
Pennsylvania $4,468,568,047 7,804
Oregon $4,212,928,624 10,085

It’s no surprise that Texas made the list, but Louisiana caught my eye at number four nationally.  And Michigan at number three appears to be valiantly trying to stem the net outflow of industry from that state.

My home state of Alabama ranked number 19 on the list.  To see where your state ranks, the full list can be accessed here.

The five states with the lowest incentives used were:

North Dakota $85,425,911 617
Montana $32,056,820 107
New Hampshire $5,958,629 540
Hawaii $516,310 1,415
Wyoming $508,787 9

Boeing was one of the top companies receiving government incentives.  The aerospace giant took over $13 billion from various states over the last 10 years.  This is amusing in light of Boeing’s recent complaint lodged against Airbus for locating an aircraft plant in the U.S.  Boeing’s complaint, ironically, alleged that Airbus had received too much by way of subsidies from European governments.

It seems that all is fair in love, war and industrial recruitment.

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William Bruce is a business broker and appraiser.  He currently serves as president of the American Business Brokers Association.  His practice includes consultations nationally on matters involving business valuations and transfers.  He may be reached at (251) 990-5934 or by email atWilliamBruceOnline@gmail.com.  His business brokerage website may be viewed atwww.WilliamBruce.net.
Posted in Gulf Coast Regional & National Economy | Tagged , , | Leave a comment

Best and Worst Online Retailers Listed for Password Security Risk

by William Bruce

Dashlane, a website password security company, has surveyed the top 100 American online retailers to assess their password security policies. The survey produced surprising results.

Apple received the highest rating and was the only retailer to receive a perfect score, while Newegg, Microsoft, Chegg and Target, surprisingly, rounded out the other highest scoring online retailers.

MLB.com, Karmaloop and Dick’s Sporting Goods received the lowest scores. Amazon, Walmart, Victoria’s Secret and Toys “R” Us were also among the lowest ranked sites.

Some key findings:

  • 55 percent of online retailers still accept notoriously weak passwords such as “123456” or “password.”
  • 51 percent make no attempt to block entry after 10 incorrect password entries including Amazon, Dell, Best Buy, Macy’s and Williams-Sonoma.
  • 61 percent to do not provide any advice on how to create a strong password during sign up, and 93 percent do not provide an on-screen password strength assessment.
  • Eight sites including Toys “R” Us, J.Crew and 1-800Flowers.com send passwords in plain text via email.

Listed below from best to worst are the rankings of America’s top 100 online retailers:

  1. Apple
  2. Microsoft
  3. Chegg
  4. Newegg
  5. Target
  6. Williams-Sonoma
  7. CDW
  8. Amway
  9. Musician’s Friend
  10. Nike
  11. Best Buy
  12. WW Grainger
  13. Walgreens
  14. Express
  15. Sony
  16. Abercombie & Fitch
  17. Bass Pro Outdoor
  18. CVS
  19. MSC Industrial Supply
  20. Hayneedle
  21. Oriental Trading Co.
  22. The Children’s Place Retail Stores
  23. OfficeMax
  24. Nordstrom
  25. Deluxe Corp.
  26. Crate and Barrel
  27. American Eagle
  28. Ann Inc.
  29. Sears
  30. Dell
  31. Neiman Marcus
  32. Saks
  33. Lowe’s
  34. LL Bean
  35. Avon Products
  36. DSW
  37. JC Penny
  38. Foot Locker
  39. Costco
  40. Gap
  41. Green Mountain Coffee
  42.  GameStop
  43. Chico’s FAS
  44. Gilt Groupe
  45. Estee Lauder
  46. PC Connection
  47. HSN
  48. Etsy
  49. The Home Depot
  50. Staples
  51. Barnes and Noble
  52. ShopNBC
  53. CafePress
  54. Office Depot
  55. Macy’s
  56. HP Home/Office Store
  57. Rakuten
  58. Cabela’s
  59. Ralph Lauren
  60. Build
  61. Sierra Trading Post
  62. Northern Tool
  63. Amazon
  64. Walmart
  65. Kohl’s
  66. Fingerhut (Bluestern Brands)
  67. Scholastic Inc.
  68.  Eddie Bauer
  69. 1 Sale a Day
  70. Victoria’s Secret
  71. Overstock
  72. Vistaprint
  73. Fanatics
  74. Urban Outfitters
  75. Shutterfly
  76. Wayfair
  77. PCM
  78. Groupon
  79. REI
  80. Blue Nile
  81. Fresh Direct
  82. RueLaLa
  83. Zulily
  84.  1-800 Contacts
  85. Disney Store
  86. Net-A-Porter
  87. Hulu
  88. Shoebuy
  89. Edible Arrangement
  90. Restoration Hardware
  91. 1-800 Flowers
  92. Vitacost
  93. Nutrisystem
  94. American Girl
  95. J. Crew
  96. Toys R Us
  97. Aeropostale
  98. Dick’s Sporting Goods
  99. Karmaloop
  100. MLB

To review the full study results, please click here.

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The Business of College Football. Who’s Making the Most Money?

By William Bruce

Unless you’ve been living under a rock, you know that college football is big business.   In fact, it’s huge.

Thanks to a recent study by Scott Thomas of the The Business Journals, we are able to clearly see which schools are pulling in the money.

Listed below are the top 20 schools in the country ranked by the total 3-year football revenue from 2009 through 2011:

  • Texas                  $294 million
  • Alabama             $231 million
  • Georgia               $221 million
  • Auburn               $220 million
  • Michigan             $219 million
  • Florida                $216 million
  • Penn State         $209 million
  • LSU                     $206 million
  • Notre Dame       $202 million
  • Ohio State          $183 million
  • Oklahoma           $177 million
  • Arkansas            $174 million
  • Tennessee          $166 million
  • Nebraska            $160 million
  • South Carolina   $152 million
  • Iowa                    $141 million
  • Michigan State   $139 million
  • Texas A&M        $132 million
  • Wisconsin           $130 million
  • Washington        $126 million

Of course, it should be remembered that it’s not all profit.  These are gross revenue numbers and there are significant expenses – in addition to winning football teams – involved in producing these revenue numbers.

Other nuggets from the report: The school with the highest average home game attendance over three years was Michigan with 112,000 seats filled in their stadium.  Ohio State was second with 105,000 and Alabama third with 102,000 attending home games, on average.

How about success on the football field in addition to success at the bank?  The top 10 most successful teams over the last three seasons, including 2012, in winning percentage are:

  • Oregon                    .900
  • Boise State              .897
  • Stanford                  .875
  • Alabama                  .875
  • LSU                          .850
  • No. Illinois               .810
  • Oklahoma                .800
  • Texas Christian      .795
  • Oklahoma State      .795
  • Ohio State                .789

Proponents of a successful college program say that football serves broader university interests, as it encourages more and better student applications and promotes alumni and government support.

In his book on the history of modern era college football, Michael Oriard makes the point that football is “the chief activity through which alumni remain attached to their university.”  It provides, he says, meaningful rituals and a sense of community “whose social benefit is hard to measure but nevertheless is real and powerful.”

Bear Bryant made the same point more succinctly when he said, “It’s kind of hard to rally ‘round a math class.”

Posted in Auburn University, Gulf Coast Regional & National Economy, Other | Tagged , , , , , , , , , , , , , | 1 Comment

Some Franchises Are Not Qualified for SBA Guaranteed Loans

By William Bruce

The following information and long list of franchises that are are ineligible for SBA financing are taken directly from the Small Business Administration website at http://www.sba.gov/content/franchise-findings.  Note that franchise transfer issues are the most commonly cited problem in disqualifying franchises for SBA financing.

(For franchises that are qualified for SBA-guaranteed loans ranked best to worst by loan defaults, please see our article here.)

Quoting the SBA on those franchises that are ineligible for loans:

SBA attorneys have assembled a listing of Issues of Eligibility they have identified in various franchise/license/dealer/jobber or similar agreements (Agreements), which SBA calls Franchise Findings.  This list contains the names of those franchises and systems that have requirements in their Agreements that could cause the business to be ineligible for SBA Financial Assistance.  This list is made available for use by Lenders/CDCs in evaluating the eligibility of a small business that operates under an Agreement. This list is only a guide and is not a substitute for a full review of the Agreement.

The issues listed on the Franchise Findings list reflect SBA’s rules, regulations and SOPs in effect at the time of the attorney’s review. Agreements are constantly updated and changed; therefore, the items on the list may no longer be an issue in the current version of an Agreement. There may, however, be other issues that have not been identified on the list. If you have a specific issue which you need to discuss please contact local SBA District Counsel.

Agreement Name Type of Agreement ISSUES
10 til 2 Franchising Franchise Agreement 1. Transfer
1-800 Home Services Franchise Agreement 1. Transfer 2. Appraiser Issue
1-800 Plumber Franchise Agreement 1. Transfer; 2 Appraiser Issue;3. Franchisor determines permenant disability
7-Eleven Franchise Agreement 1. Transfer   2. Excessive Fees  3. Require receipts to be deposited in Franchisor Account.  4 Franchisor owns assets of business. 5. Franchisor provides payroll services for franchisee and employess. 6. Appraiser Issue
Aaron’s Rent Franchise Agreement 1. Transfe 2. Possible passive business
Ace Hardware Brand Agreement 1. Transfer
ADECCO Franchise Agreement 1. Franchisor controls hiring of franchisee’s employees. 2. Franchisor provides payroll services franchisee’s employees
Affiliated Foods Franchise Agreement 1. Transfer
AKP International, Inc. Franchise Agreement 1. Transfer
Al & Ed’s Autosound Franchise Agreement 1. Step In; 2. Apprasial; 3. Right of First Refusal on a Partial Transfer
Alamo Drafthouse Cinema Franchise Agreement 1. Franchisor determines permenant disability
Alfy’s (Olsen Franchise Group) Franchise Agreement 1. Transfer
All American Finance Franchise Agreement 1. Franchisor controls the receipts and billing
Allen Oil Co Dealer Agreement (Gas) 1, Transfer
Allstate Agent Agreement 1. Transfer
AmCheck Franchise Agreement 1. Step In Issue ;2. Franchisee remains liable after transfer.
American Express Franchise Agreement 1. Transfer; 2. Franchisor contorls the hiring of franchisee’s employees in some cases
American Family Insurance Agent Agreement 1. Franchisor controls hiring of franchisee’s employees. 2. Transfer
American Honda Dealer Agreement 1.Transfer
Ameriprise Financial Franchise Agreement 1. Transfer
Anago franchising Franchise Agreement 1. Transfer
Anytime Fitness, Inc. Franchise Agreement Franchisor controls the receipts and billing services for the franchisee
Apple Spice Junction Franchise Agreement 1. Transfer. 2. Appraiser Issue
ARCO/AM PM Dealer Agreement (Gas) 1. Transfer; 2. Step In Rights; 3. In Real Estate Transactions, ARCO records a Deed Restriction which requires that the property only be used for the Sale of ARCO Branded Gasoline –
Arena Sport License Agreement 1. Transfer
Arizona Fuel Distributors Dealer Agreement (Gas) 1. Transfer
Arizona Pizza Company Franchise Agreement 1. Appraiser Issue
Ashland Petroleum LLC Dealer Agreement (Gas) 1. Purchase Option for real estate
Ashley Homestore Franchise Agreement 1. Transfer
Assist-2-Sell, Inc. Franchise Agreement 1. Transfer
Associated Wholesale License Agreement 1. Transfer
AT&T Exclusive Dealer Agreement Dealer Agreement 1. Transfer
Atlanta Bread Company Franchise Agreement 1. Appraiser Issue
Atlas Oil Co Dealer Agreement (Gas) 1. Transfer
Atlas Van Lines Dealer Agreement 1. Transfer
Auto Apprasial Network Franchise Agreement 1. Transfer; 2 Step In; 3. Franchisor determines permanent disability; 4. Right of First Refusal on a partial transfer
Auto Check Franchise Agreement 1. Transfer
Auto Driveaway Co. Agency Agreement Franchise Agreement 1. Required receipts to be deposited into franchisor’s account
Auto Star Licensing License Agreement 1. Transfer
Avon License Agreement 1. Multi Level Sales Arrangement (pyramid sale distribution plan)
B&G Milkway Franchise Agreement 1. Transfer
Baby’s Room USA Franchise Agreement 1. Step In Issue
Backyard Burgers Franchise Agreement 1. Transfer
Bally’s Fitness Franchise Agreement 1. Franchisr controls the receipts and billing services for the franchisee
Bar Louie Development Franchise Agreement 1. Transfer
Barnie’s Coffee & Tea Company, Inc. Franchise Agreement 1. Appraiser Issue
Barrick Ent.(Mobil) Dealer Agreement (Gas) 1. Transfer
Beadniks Franchise Agreement 1. Transfer. 2. Franchisee remains liable after transfer
Bear Creak Coffee Franchise Agreement 1. Transfer
Beard Papa’s Franchise Agreement 1. Transfer 2: Apprasial
Bee Hive Homes Franchise Agreement 1. Step In Issue. 2. Purchase option for Real Estate
Bellacino’s Franchise Agreement 1. Step In Issue
Bellair Express Franchise Agreement 1. Transfer
Belzona Inc. Jobber Agreement 1. Transfer
Best Value Inn Franchise Agreement 1. Transfer
Biggy Coffee Franchise Agreement 1. Indemnification Issues
Bikram’s Yoga College of India Franchise Agreement 1. Transfer
Billy McHale’s Franchise Agreement 1. Transfer
Black Bear Diner Franchise Agreement 1. Transfer
Blinds Mart Franchise Agreement 1. Transfer
BMW of North America Motorcycle Dealer Agreement 1. Transfer
BNI Membership Agreement 1. Transfer;2 Excessive Fees;3 Possible Development Agreement Issues
Bo Concepts Franchise Agreement 1. Transfer. 2. Step In Issues
Bobby Salazars Franchise Agreement 1. Appraiser Issue. 2. Step In Issues
Bob’s Big Boy Franchise Agreement 1. Franchisee remains liable after transfer
Bonfare Markets Franchise Agreement 1. Franchisor handles all of Franchisees accounting including tax returns and payroll. 2. Franchisor percures and maintaines the required insurance coverage for the franchisee. 3 Apprasial
Boomer McLoud Dealer Agreement 1. Apprasial Issue
Boston Pizza Franchise Agreement 1. Transfer Issue  2. Apprasial Issue. 3. Purchase option for Real Property. 4. Step In Rights
Boyett Petroleum Dealer Agreement (Gas) 1. Transfer
BP Dealer Agreement (Gas) 1. Transfer; 2. Dealer sets net profit; 3. Brand Covenant Restrictions in some cases; 4. Dealer/Jobber in some cases ownes the equipment
BP Amco Contract Supply Agreement Dealer Agreement (Gas) 1. Transfer
Bridgestone Dealer Agreement 1. Transfer
BrightStar Healthcare Franchise Agreement 1. Step In Issues
Bruster’s Real Ice Cream Franchise Agreement 1. Transfer
Budget Host Int’l Membership Agreement 1. Transfer
Bull Market, Inc. Jobber Agreement Transfer 2: Agreement does not include language which allows reasonable transfer;
Bumper Man Franchise Agreement 1. Franchisor handles the billing services for the franchisee
Burkett Oil Dealer Agreement (Gas) 1. Transfer
Butterfly Life Franchise Agreement 1. Apprasial Issue
Caffino Franchise Agreement 1. Right of first refusal. 2. Transfer. 3. Step In Rights
California Tortilla Franchise Agreement 1. Franchisor has the ability to determine permenant disability
Cam’s Pizzeria Franchise Agreement 1. Transfer. 2. Franchisor has the ability to contorl the sale of the business
Cannon Office Imaging Retail Dealer Dealer Agreement 1. Transfer. 2 Franchisee remains liable after tranfer
Canteen Vending Services Franchise Agreement 1. Appraisal Issue
Captain D’s Restaurant Franchise Agreement 1. Transfer
Cargill Pork Distributor Agreement 1. Transfer
Carl’s Jr. Franchise Agreement 1. Transfer
Carlson Wagonlit Franchise Agreement 1. Possible Excessive Liquidated damages
Carnett’s Franchising Franchise Agreement 1. Apprasial Issue
Carribean Petroleum LP Dealer Agreement (Gas) 1. Transfer
Carrier Transicold Dealer Agreement 1. Transfer
Carthage vision Clinic Franchise Agreement 1. Transfer
Car-X Franchise Agreement 1. Apprasial Issue. 2 Purchase Option for Real Estate. 3. Step In Issue
Case Corporation Dealer Agreement 1. Transfer
Cash Plus Franchise Agreement 1. Transfer. 2. Appraiser Issue
CB Tax Franchise Agreement 1. Transfer
Cellcom Agent Agreement 1. Transfer
Cena Franchising Franchise Agreement 1. Transfer
Central Bark Doggie Daycare Franchise Agreement 1. Step In Rights
Century 21 Franchise Agreement 1. Transfer
Certified Oil Company Dealer Agreement (Gas) 1. Transfer
Charter Practices International, LLC Franchise Agreement 1. Agreement allows the franchisor to control the hiring of agent’s employees. 2.  Receipts deposited into account controlled by franchisor. 3. Transfer. 4. Franchisor controls the accounting for franchisee
Cheeburger Cheeburger Franchise Agreement 1. Appraisal Issue
Chester Fried Chicken Franchise Agreement 1. Transfer
Chevron Dealer Agreement (Gas) 1. Transfer;2 Brand Covenant;3. ROFR contains language for partial transfer; 4. Purchase Option
Chicken Dijon Franchise Agreement 1. Transfer; 2 Step In; 3 Franchisor requires a purchase option on real estate; 4. Franchisor requires payment of purchase of assets by a carry back Note; 5. UCC Issue
Chicken Express Franchise Agreement 1. Transfer. 2. Step In Issues. 3. Security Interest Issue
Chicken Kitchen Franchise Agreement 1. Transfer. 2. Appraiser Issue
Chico’s Int’l Tecate Grill Franchise Agreement 1. Transfer. 2. Secuirty Interest Issue. 3. Franchisor has an option for the purchase of Real Estate
Chuck e  Cheese Franchise Agreement 1. Transfer. 2. Appraiser Issue
Chuy’s Mesquite Broiler’s Franchise Agreement 1. Transfer
Chyten Education Center Franchise Agreement 1. Transfer; 2 Step In
Cindy’s Cinnamon Rolls Franchise Agreement 1. Transfer;2 Step IN Rights; 3 Apprasial Issues
Citgo/Clipper Petroleum Dealer Agreement (Gas) 1. Transfer; 2. Brand Covenant/Deed Restriction Issues
City Looks Salon Franchise Agreement 1. Franchisee remains liable after transfer
CKO Kickboxing Franchise Agreement 1. Transfer; 2. Step In Rights
Clarion Inn (Choice) Franchise Agreement 1. Transfer
Cleaners Depot Franchise Agreement 1. Step In Rights; 2. Franchisee continues to remain liable after transfer
Cleaning Authority Franchise Agreement 1. Transfer
Cleannet USA Franchise Agreement 1. Transfer
CleanStay USA, Inc. Franchise Agreement 1. Transfer
Cleats Restaurant License Agreement 1. Transfer
Clothes Mentor Franchise Agreement 1. Step in Issues
Club Car Distributor Agreement 1. Transfer
Club One Fitness Centers Franchise Agreement 1. Transfer 2. Franchisor has ability to  direclty control hiring and firing employees.
Colbert-Ball Tax Service Franchise Agreement 1. Transfer; 2. Step In Rights
Coldwell Banker Franchise Agreement 1. Transfer
Comet Cleaners Franchise Agreement 1. Transfer
Convenient food Mart Franchise Agreement 1. Step In Rights
Cost Cutters Franchise Agreement 1. Franchisee remains liable after transfer
Counter Custom Built Burgers Franchise Agreement 1. Purchase Option for real estate
Country Inn & Suites Franchise Agreement 1. Transfer – Reasonable Business judgment issues
Country Kitchen Franchise Agreement 1. Transfer. 2. Franchisee remains liable after transfer
Country Waffles, Inc. Franchise Agreement 1. Transfer. 2. Appraiser Issue
Coverall Services, Inc. Franchise Agreement 1. Franchisor controlls billing services for franchisee
Creating Wellness Franchise Agreement 1. Transfer
Creno’s Pizza Co. Franchise Agreement 1. Apprasial Issue
Culligan Franchise Agreement 1. Transfer
D.Vine Franchise Agreement 1. Franchisor determines permenant disability
D.W. Drum Workshop Distributor Agreement 1. Transfer
Daily Brew Franchise Agreement 1. Transfer
Dairy Queen  (Please note there are multiple Dairy Queen Agreements for different locations – some of these have  been approved on the Franchise  Registry – you need to check the specific location for your agreement) Franchise Agreement 1. Transfer 2. Franchisee remians liable after trasnfer
Dalworth Clean Franchise Agreement 1. Franchisor controls money, clients and bookings
Dash In Food Stores Franchise Agreement 1.Agreement calls for excessive franchise fees (50%). 2. Agreement calls for all receipts to be deposited into a common account servicing a number of franchise locations and controlled by franchisor. 3. Agreement allow the franchisor to pay the employees of the franchisee.4. Franchisor leasses the equipment to franchisee
Dashing Divas Franchise Agreement 1. Transfer; 2. Liquidated Damanges
Dealer Specialties Distributor Agreement 1. Step In Issues
Diedrich Coffee Franchise Agreement 1. Transfer
Del Rancho Restuarants Franchise Agreement 1. Transfer
Del Sol Franchise Agreement 1. Transfer
Del Taco Franchise Agreement 1. Apprasial Issues
Delta Powersports Inc Dealer Agreement 1. Transfer
Dennys Franchise Agreement 1. Transfer. 2. Appraiser Issue. 3. Credit Card Issue; 4. Franchisee remains liable after transfer
DHL Agent Agreement 1. Transfer
Dial Oil Co. Dealer Agreement (Gas) 1. Transfer
Dickey’s BBQ Franchise Agreement 1. Apprasial Issue. 2. Permanent Disability determined solely by franchisor
Digital Zone Franchise Agreement 1. Apprasial Issue
Discovery Point Child Developmnt Ctr Franchise Agreement 1.  Transfer. 2. Apprasial Issue
Dish Network Agent Agreement 1. Transfer  2. Franchisor controlls the biling for franchisee.
Do It Best Corporation Membership Agreement 1. Transfer
Doctor’s Express Franchise Agreement 1. Transfer
Dollar Rent a Car Franchise Agreement 1. Overbroad indemnficiation agreement
Ducati North America Dealer Agreement 1. Transfer
Duncan Oil, Co. Dealer Agreement (Gas) 1. Transfer
Dysarte Service Franchise Agreement 1. Transfer
Eastern Petroleum Dealer Agreement (Gas) 1. Transfer; 2. Possible Environmental Indemnficiation Issues
EDT Learning Franchise Agreement 1. Transfer
Eggspectation Franchise Agreement 1. Transfer; 2. Apprasial Issues
El Chico Restaurant Franchise Agreement 1. Transfer. 2. Step In Issues
El Pollo Loco Franchise Agreement 1. Apprasial Issues
Elements for Women Franchise Agreement Transfer 2: Franchisee must supply “affidavit” and “Floor Plan” as noted in the SOP as the franchise appears to cater to one gender.
Englert LeafGuard Dealer Agreement 1. Transfer Issues
Entrée Vous Kitchens Franchise Agreement 1. Transfer. 2. Apprasial Issues. 3. Step In Issues
Entrepreneurs Source (The) Franchise Agreement 1. Transfer
Environmental Control Franchise Agreement 1. Receipts deposited into account controlled by franchisor
Epicor Software License Agreement 1. Transfer; 2. Franchisor controls the billings
ERA Real Estate . Agent Agreement 1. Transfer
Erie Insurance Group Agent Agreement 1. Transfer
Esso Standard Oil Dealer Agreement (Gas) 1. Transfer
Estrella Insurance Agent Agreement Excessive Control  1(d) Receipts deposited into account controlled by franchisor
Expert Heating and Cooling Dealer Agreement 1. Transfer
Express Personnel Services ** Franchise Agreement 1. Temporary Employment Agency where Franchisee hires the employees on their payrol. 2. Franchisor controlls the billing for the franchisee
Extreme Pizza Franchise Agreement 1. Transfer; 2. Step In
Exxon Dealer Agreement (Gas) 1. Transfer; 2. Brand Covenant/Deed Restriction Issues
ExxonMobil Oil Corp Dealer Agreement (Gas) 1. Transfer; 2. Brand Covenant/Deed Restriction Issues
Farm Bureau Life Insurance Company Agent Agreement 1. Transfer
Farmer’s Insurance Agent Agreement 1. Transfer. 2. Apprasial Issues
Fatburger Franchise Agreement 1. Transfer
FedEx Ground Agent Agreement 1. Transfer
Fed-Ex Home Delivery Agent Agreement 1. Transfer
Firestone Distributor Agreement 1. Transfer
Firestone Building Products Distributor Agreement 1. Transfer
Firkin Pubs, LLC Franchise Agreement 1. Permanent disability determined solely by franchisor
Fish City Crill Franchise Agreement 1. Permanent disability determined solely by franchisor
Five Guys Burgers Franchise Agreement 1. Permanent disability determined solely by franchisor
Flooring America Dealer Agreement 1. Transfer
Foster’s Grille Franchise Agreement 1. Step In Rights Issues
Fuddrucker’s Franchise Agreement 1. Transfer
G & G Oil Co. Dealer Agreement (Gas) 1. Transfer
Gambinos Pizza Franchise Agreement 1. Apprasial Issue
Gateway Station LLC Dealer Agreement (Gas) 1. Transfer; 2. Dealer/Jobber controls net profits
Geico License Agreement 1. Transfer; 2. Licensor controls bank account
Gene’s Seafood of America Franchise Agreement 1. Transfer
Gente Linda Franchise Agreement 1. Transfer
George Weston Bakery Franchise Agreement 1. Transfer issue on death of franchisee
Getty Petroleum Dealer Agreement (Gas) 1. Transfer
Gillison’s Variety Fabracation Dealer Agreement 1. Transfer
Gioninos Pizzeria Franchise Agreement 1. Transfer
Gloria Jeans Gormet Cofffee Franchise Agreement 1. Transfer
GMAC Real Estate Franchising Franchise Agreement Transfer 2: Agreement does not include language which allows reasonable transfer;
GN Hearing Care Corp Franchise Agreement 1. Transfer
GNC (General Nutr Center) Franchise Agreement 1. Transfer
Godfather’s Pizza Franchise Agreement 1.Transfer
Gold Star Chili Franchise Agreement 1. Transfer; 2 Excessive Royalty Fees
Golden Corral Franchising System Franchise Agreement 1. Transfer: 2. Apprasial Issue; 3. Franchee remains liable after transfer
Golden Spoon Franchise Agreement 1. Transfer
Golden Spoon Franchise Agreement 1. Transfer
Golfsmith Distributor Agreement 1. Transfer
Goodyear Distributor Agreement 1. Transfer
Gracie Barra Franchise Agreement 1. Transfer
Grand Harbour License License Agreement 1. Appraiser Issue
Grand Rental Station Franchise Agreement 1. Transfer
Grand Traverse Pie Franchise Agreement 1. Transfer
Great Florida Insurance Agent Agreement 1. Transfer; 2. Franchisee remains liable after transfer
Green Cactus Grill Franchise Agreement 1. Step In Rights; 2. Franchisor controls decision of Physian
Growmark, Inc. Distributor Agreement 1. Transfer
Gulf Dealer Agreement  (Gas) 1. Franchisee remains liable after transfer
Gulshan  Enterprises, Inc. Jobber Agreement 1. Franchisor Sets Net Profits; 2. Transfer
H&R Block Tax Serv. Franchise Agreement 1.Excessive Royalty Fee. 2. Transfer Restriction – property can only be used for an H&R business operation.
Haagen-Dazs (The) Franchise Agreement 1. Transfer
Hallmark Franchise Agreement 1. Transfer
Halo Candle Distributor Agreement 1. Transfer
Hampton Inn Franchise Agreement 1. Transfer; 2. Apprasial
Hampton Inn & Suites Franchise Agreement 1. Transfer
Hand & Stone Massage Spa Franchise Agreement 1. Transfer
Hardees Franchise Agreement 1. Transfer
Harley-Davidson Motorcycles Dealer Agreement 1. Transfer
Health Force Franchise Agreement 1  Receipts deposited into account controlled by franchisor; 2. Franchisor controlls the payment of taxes and payroll
HealthCare Recruiters Franchise Agreement 1. Receipts deposited into account controlled by franchisor; 2. Franchisor controlls the billing services
Healthy Subs Franchise Agreement 1. Transfer
Herdrich Petroleum Dealer Agreement (Gas) 1. Transfer
Heritage Home Health Franchise Agreement 1. Apprasial Issue
Hess Dealer Agreement 1. Transfer
Hilton Inns Franchise Agreement 1. Transfer
Home 2 Suites by Hilton Franchise Agreement 1. Transfer
Home Vestors Franchise Agreement 1. Ineligible business operation due to investment reasons.
Home Video System Franchise Franchise Agreement 1 Transfer
Honey Baked Hams Franchise Agreement 1, Transfer
Hooters Franchise Agreement 1. Ineligible business practice
Host Communications License Agreement 1. Transfer
Hotbox Pizza Franchise Agreement 1. Transfer
Hotstuff Foods Inc Franchise Agreement 1. Transfer
HuHot Mongolian Grill Franchise Agreement 1. Step In Rights
IGA, USA, Inc. Distributor Agreement 1. Transfer
Illico Inc Jobber Agreement 1. Transfer
Image Arts Etc. Franchise Agreement 1. Transfer
Independent Wholesale Distributor Agreement 1. Transfer
Intero Real Estate Services Agent Agreement 1. Transfer
Interstate Batteries Distributor Agreement 1. Transfer; 2. Apprasial; 3. Franchisor has the right to control property owned by franchisee.
Invisable Fence Dealer Agreement 1. Transfer
Iowa Wireless Agent Agreement 1. Transfer
J. C. Penny Catalog Franchise Agreement 1. Transfer; 2. Franchisor has the right to control funds
Jack in the Box Franchise Agreement 1. Step In
Jackson Hewitt Tax Services Franchise Agreement 1. Transfer
Jacksons Sports Grill Franchise Agreement 1. Transfer
Janbury Franchise Franchise Agreement 1. Franchisor has controll over the hiring of employees.
Jani-King Regional Franchise Agreement 1. Ineligible due to the fact that it is an development agreement
Jani-King Franchise Agreement 1. Transfer; 2. Franchisor controlls all billing and payment services; 3. Franchisor determines permanent disability;4. Franchisor contorls the contracts and receipt of funds
Jan-Pro Cleaning Systems Franchise Agreement 1.  Require applicant to deposit all receipts into account which F’or controls orfrom which withdrawals may be made only w/ F’or’s consent.; 2.  Excessive fees; 3. Possible development agreement issues; 4 Franchisor has direct involvement in the everyday business operation; 5. Franchisor has the right to control franchisee’s customers.
Java Dave’s Inc Franchise Agreement 1. Transfer
Java Station, LLC License Agreement 1. Transfer
Java’s Brewin Shoreline Franchise Agreement 1. Transfer; 2. Step In Issues
Jazzercise, Inc Franchise Agreement 1. Transfer
Jersey Mike’s Franchise Agreement 1. Transfer; 2. Step In Issues; 3. Franchisor determines perminate disability
Jimmy John’s Franchise Agreement 1. Step In Issues
John L. Scott, Inc. Franchise Agreement 1. Transfer; 2. Franchisor has the right to control property owned by franchisee
John Robert Powers Franchise Agreement 1. Transfer
Johnny Rockets Franchise Agreement 1. Step In Issues
Jones Oil Co., Inc. Dealer Agreement (Gas) 1. Transfer
Jumpin Juice & Java Franchise Agreement 1. Transfer; 2. Step In Issues
Jumping Party Franchise Agreement 1. Transfer
Jungle Quest Franchising Franchise Agreement 1. Transfer
Kalolgie Skin Care Franchise Agreement 1. Transfer
Keeway Motors Dealer Agreement 1. Transfer
Keller Williams Agent Agreement 1. Transfer; 2. Apprasial
Kelly’s Cajun Grill Franchise Agreement 1. Transfer
Kelly’s Fudge Franchise Agreement 1. Transfer
Kemp Associates Agent Agreement 1. Transfer
KFC Franchise Agreement Transfer 2: Agreement does not include language which allows reasonable transfer; 2. In some cases the agreement contains an option to enter into a franchise agreement.
Kocolene Marketing Jobber Agreemenet 1. Transfer
Kooler Ice Franchise Agreement 1. Transfer
Kubota Tractor Dealer Agreement 1. Transfer
Kudo Beans Franchise Agreement 1. Step In Issues; 2. Franchisor controls perminate disability determination
Kumon Math and Reading Center Franchise Agreement 1. Escessive Royalty Fees
Kyoto Bowl Franchise Agreement 1. Apprasial Issue
Kwality Ice Cream License Agreement 1. Transfer
La -Zy Boy Distributor Agreement 1. Transfer
Lady of America 1. Transfer; 2. Excessive Royalty Fees; 3. Franchisor controlls billing and collection services for the franchisor; 4. Step In Rights; 5. Apprasial Issues;  6.Possible Women only facility and franchiee would have to provide proof that they will not discreminate and proof to two bathrooms
LaMar’s Donuts Franchise Agreement 1. Transfer; 2. Step In Issue
Lampost Pizza Franchise Agreement 1. Step In
Laptop Xchange Franchise Agreement 1. Apprasial Issue
Larson Glastron Boats Dealer Agreement 1. Transer
Le Bleu Corp Distributor Agreement 1. Transfer
Le Peep License Agreement License Agreement 1. Transfer
Leo’s Coney Island Franchise Agreement 1. Transfer; 2. Apprasial
Lil’Kickers License Agreement 1. Transfer
Link Staffing Franchise Franchise Agreement 1. Franchisor controls the franchisee’s billings and payroll
Little Ceasers Franchise Agreement 1. Transfer; 2. Franchisor requires senior lien on all personal property collateral
Lloyd Staffing Franchise Agreement 1. Excessive Royaltys;2 Franchisor controlls the billing services;3. Franchisor controls emoloiyees
Long John Silver’s Franchise Agreement 1. Transfer
Long Wong’s Franchise Agreement 1. Transfer
LSAA LLC Jobber Agreement 1. Transfer
LunchStop, Inc. Franchise Agreement 1. Franchisor owns all M&E  – and leases to franchisee
Macs Convenience Store Franchise Agreement 1. Transfer
Madmoe Corporation Distributor Agreement 1. Step in Rights
Mahon Distribution Distributor Agreement 1. Transfer
MaidPro Franchise Franchise Agreement 1. Transfer
Maid-Rite Corp. Franchise Agreement 1. Step In Rights
Mainstay Suites Franchise Agreement 1. Transfer
Maple Ridge Health Franchise Agreement 1. Transfer; 2. Step In
Marathon Dealer Agreement (Gas) 1.  Transfer
Marathon Gas Dealer Agreement (Gas) 1. Restrictive Covenant
Marble Slab Creamery Franchise Agreement 1. Transfer;2 Apprasial
Massage Envy Franchise Agreement 1. Transfer
Master Shield Gutter Protection Dealer Agreement 1. Transfer
MasterCraft Boats Dealer Agreement 1. Transfer
Mastic Spa Franchise Agreement 1. Transfer
Mayflower Agent Agreement 1. Transfer
Mazzio’s Italian Eatery Franchise Agreement 1. Franchisor determines permenant disability
McAlister’s Deli Franchise Agreement 1. Step In Rights
McCullough /CITGO Dealer Agreement (Gas) 1. Brand Covenant/Deed Restriction Issues
McDonalds Franchise Agreement 1. Transfer; 2. Step In; 3 Franchisor requires existing franchsiee to remain liable once the franchise has been assigned
McPherson Oil Dealer Agreement (Gas) 1. Transfer
MellowMushroom Pizza Franchise Agreement 1. Transfer
Menchies Franchise Agreement 1. Transfer; 2 Apprasial
Mercury Marine Dealer Agreement 1. Transfer
Midias Franchise Agreement 1. Transfer
Miki House Distributor Agreement 1. Transfer
Mobil Oil Dealer Agreement (Gas) 1. Transfer
Moe’s Italian Sandwiches Franchise Agreement 1. Step In Issue
Monical’s Pizza Franchise Agreement 1. Franchisee remains liable after transfer
Monster Mini Golf Franchise Agreement 1. Transfer
Monterey Boats Dealer Agreement 1. Transfer
Moorehead Communications Dealer Agreement 1. Transfer
Mossy Oaks Prop. Franchise Agreement 1. Transfer
Mountain West Farm Bureau Mutual Agent Agreement 1. Transfer
Mr. Greek, LLC Franchise Agreement 1. Franchisor determines permanent disability
Mr. Payroll Franchise Agreement 1. Transfer; 2. Possible Eligiblity Issues regarding percentage of business related to check cashing
My Friend’s Place Franchise Agreement 1. Apprasial  Issue
NAPA Distributor Agreement 1. Transfer
Nathan’s Famous Franchise Agreement 1. Transfer; 2. Apprasial
Nathan’s Frank and Fry License Agreement 1. Transfer
National Tenant Network Franchise Agreement 1. Step In Rights
Nationwide Insurance Agent Agreement 1. Transfer
Nationwide Lifts Franchise Agreement 1. Transfer; 2. Apprasial
Nature’s Table Franchise Agreement 1. Step In Rights
New Tech Touch up System Dealer Agreement 1. Transfer
Nissan Fork Lift Dealer Agreement 1. Transfer
Nitro Fitness Franchise Agreement 1. Possible eligiblity issue – men only fitness center – will need to compy with the SOP requirement of Affidavit and diagrammed layout with two sepearte bathrooms
Noco Distributor Agreement 1. Transfer
Norrel Services Franchise Agreement 1. Franchisor controls billings and payroll; 2. Excessive fees; 3. Franchisor hires and controls the employees ; 4. Excessive liquidated damages
Northwest Mutual Agent Agreement 1. Transfer
Nothing Bundt Cakes Franchise Agreement 1. Transfer; 2. Step-In Rights
Nutrishop Franchise Agreement 1. Transfer
O’Charley’s Franchise Agreement 1. Transfer
Olivier Distributor Agreement 1. Transfer
On the Grill Franchising Corp Franchise Agreement 1. Apprasial Issue
Open2View.com Franchise Agreement 1. Step In Issues; 2. Franchisor requires receipts to be deposed into franchisor’s account; 3 Franchisor sets prices. 4. There are two separate agreements types, these comments relate to the real estate type agreement
Orange Tree Hot Dogs Franchise Agreement 1. Transfer
Oreck Sales Dealer Agreement 1. Transfer
Original Pancake House Franchise Agreement 1. Franchisor maintains ability to purchase or lease real estate owned by franchisee
Original Pizza Pan Franchise Agreement 1. Transfer
Overhead Door Distributor Agreement 1. Transfer
Owens Corning Distributor Agreement 1. Transfer
P. Jays Pizza Franchise Agreement 1. Transfer
Pacific Cycle Distributor Agreement 1. Transfer
Palace Resorts Franchise Agreement 1. Transfer
Papa’s Pizza to Go Franchise Agreement 1. Step In Issue
Parable Christian Stores Franchise Agreement 1. Ineligible business  – Non franchise related
Park Hospitality Franchise Agreement 1. Transfer
Park Inn Franchise Agreement 1. Transfer
Party Land Franchise Agreement 1. Apprasial Issues; 2. Step In Rights
Pat’s Pizza, Inc. Franchise Agreement 1. Transfer
Paul Mitcehll Partner School Franchise Agreement 1. Transfer issues on death and disability
Perkins Pancakes / Restaurant & Bakery Franchise Agreement 1. Transfer 2. In some cases the agreement contains an option agreement which is not acceptable.
Perko’s Café Franchise Agreement 1. Apprasial Issue; 2. Step In Rights
Permapave Distributor Agreement 1. Transfer
Pettit Oil Company 1. Transfer
Philips 66 Dealer Agreement (Gas) 1. Transfer; 2. Dealer /Jobber has the right to control the price
Pik-a-Pop Franchise Agreement 1. Transfer
Pillar to Post Franchise Agreement 1. Transfer; 2. Apprasial Issues; 3. Step In Rights
Pioneer H-Bred Distributor Agreement 1. Transfer
Pizza Guys Franchise Agreement 1. Transfer; 2. Franchisee remains liable after transfer
Pizza Hut, Inc. Franchise Agreement 1. Transfer
Pizza Pan Franchise Agreement 1. Transfer
Planet Fitness Franchise Agreement 1. Transfer
Play Date Drop in Child Care Franchise Agreement 1. Step In Rights
PM Terminals, LLC Jobber Agreement 1. Transfer
Polaris Dealer Agreement 1. Transfer – Reasonable Business judgment issues
Port of Subs, Inc. Franchise Agreement 1. Step In Rights; 2. Post Transfer Liability for Franchisee
Powell’s Sweet Shoppe USA LLC Franchise Agreement 1. Transfer
Powerhouse Gym Franchise Agreement 1. Transfer
Premier Garage Distributor Agreement 1. Transfer
Premier Learning Center Franchise Agreement 1. Apprasial Issue
Premier Rental Purchase Franchise Agreement 1. Transfer
PrimoHoagies Franchise Agreement 1. Apprasial Issue
Professional Auto Spa Franchise Agreement 1. Transfer
Proforma Franchise Agreement 1. Franchisor controls the franchisee’s billings and receipts
Prometric Testing Centers Franchise Agreement 1. Franchisor controls the franchisee’s billings and receipts
Prudential Agent Agreement 1. Transfer; 2. Franchisor controlls the franchisee’s billings and receipts.
Quality Tune-up Shops Franchise Agreement 1. Security Interest Issue; 2. Franchisor has right to approve 3rd party loans including SBA loans
Quik Stop Markets Franchise Agreement 1. Franchisor controlls the franchisee’s billings and receipts; 2. Franchisor owns all M&E and franchisee is required to lease
Radio Shack Franchise Agreement 1. Transfer
Radisson Hotel Franchise Agreement 1. Transfer; 2. Death or Disability Issue; 3. Reasonable Business Judgment Rule
Rascal’s Comedy Clubs Franchise Agreement 1. Transfer; 2. Post trasnfer liability for franchisee
Raymond James Financial Services License Agreement 1. Transfer
RE/MAX Franchise Agreement 1. Transfer
Real Deals, Inc. Franchise Agreement 1. Apprasial Issue
Red Lion Hotel Franchise Agreement 1. Transfer
Red Mango Franchise Agreement 1. Transfer
Red Robin Franchise Agreement 1. Transfer; 2 Development Issues
Remedy Intelligent Staffing Franchise Agreement 1. Franchisor controlls billing services for franchisee; 2. Franchisor controlls the employees;
Residence Inn by Marriott Franchise Agreement 1. Trnasfer – Reasonable Business Judgment Issues 2. Deed Restriction Issue
Residential Pacific Mortgage Franchise Agreement 1. Franchisor controlls billing services for franchisee
Rocky Rococo Franchise Agreement 1. Apprasial; 2. Post transfer liablity for transferee
Roly Poly Franchise Franchise Agreement 1. Transfer; 2. Step In rights
Romio’s Pizza Franchise Agreement 1. Step in rights
Romp N Roll Franchise Franchise Agreement 1. Step In rights
Roosters Franchise Agreement 1. Transfer
Rosati’s Pizza Franchise Agreement 1. Transfer; 2. Step In rights; 3. Apprasial
Rosie O’Grady’s Irish Pub Franchise Agreement 1. Transfer
Roto Rooter Franchise Agreement 1. Transfer; 2 Post transfer liability for transferee
Round Table Pizza Franchise Agreement 1. Step in rights
Ruby Tuesdays Franchise Agreement 1. Franchise
Rug Décor Franchise Agreement 1. Transfer
Russo’s NY Pizza Franchise Agreement  1. Apprasial Issue
Salvatores Franchise Agreement 1. Transfer
Sam Snead’s Tavern Franchise Agreement 1. Transfer
Samsung America Franchise Agreement 1. Transfer
Samuel Mancino’s Italian Eatery Franchise Agreement 1. Transfer
SAV-A-LOT, LTD Franchise Agreement 1. Transfer
Scooter’s Coffee House Franchise Agreement 1. Apprasial Issue
Scotts LawnService Franchise Agreement 1. Purchase Option for real estate
Seagrave Distributor Agreement 1. Transfer
Sedona Staffing Services Franchise Agreement 1. Transfer; 2. Franchisor controlls employees; Franchisor controlls franchise billings and services; 2. Franchisor controls disability determination.
Sgt Peppers Chicken Franchise Agreement 1. Step In Rights
Shape Up Sisters Franchise Agreement 1. Step in rights
Sharkey’s Franchise Agreement 1. Transfer; 2. Apprasial
Shave it Nation Franchise Agreement 1. Transfer
Shell Oil Dealer Agreement (Gas) 1. Transfer; 2. ROFR Contains unacceptable provisions; 3. Liquidation Damages recorded against the Real Estate
ShipOnSite Franchise Agreement 1. Transfer
Signs by Tomorrow Franchise Agreement 1. Transfer; 2. Apprasial; 3. Step in rights
Sinclair Oil Dealer Agreement (Gas) 1. Transfer
Sizzler USA Franchise Agreement 1. Transfer
Skewers Franchise Agreement 1. Transfer
Sky Taxi Franchise Agreement 1. Franchisor controlls billings services/payroll for the franchisee; 2. Franchisor controlls employees
Slender Lady Franchise Agreement 1. Possible ineligible business – non-franchise related; 2. Transfer
Snap Fitness 24-7 Franchise Agreement 1. Transfer; 2. Franchisor controlls the franchisee’s billings and receipts.
Snap-on Tools Franchise Agreement 1. Transfer
Snelling and Snelling Franchise Agreement 1. Franchisor controlls the franchisee’s billings and receipts;
Soccer Post Franchise Agreement 1. Transfer; 2. Apprasial;. 3 Step In Rights
Soho Hero Franchise Agreement 1. Transfer
Sotheby’s International Realty Franchise Agreement 1. Transfer
Southern Tsunami Franchise Agreement 1. Franchisor controlls the franchisee’s billings and receipts.
Spectrum Home Services Franchise Agreement 1. Transfer; 2. Step in rights
Speedy Car-X, Inc. Franchise Agreement 1. Apprasial Issue
Spherion Workforce Architects Franchise Agreement 1. Franchisor controlls the franchisee’s billings and receipts; 2. Franchisor controlls the employees
Sprint Agent Agreement 1. Transfer
Stagecoach Pizza Franchise Agreement 1. Step In Issues
Star mart Dealer Agreement (Gas) 1. Transfer
State Farm Agent Agreement 1. Transfer
Steak Escape Franchise Agreement 1. Transfer. 2. Step In Rights Issues
Stop N’ Save Franchise Agreement 1. Franchisor controlls the franchisee’s billings and receipts;
Streets of New York Franchise Agreement 1. Transfer
Stride Rite Franchise Agreement 1. Transfer
Strings Italian Café Franchise Agreement 1. Apprasial; 2. Step in rights
Sunbelt Business Brokers Network Franchise Agreement 1. Transfer
Sunoco Dealer Agreement (Gas) 1. Transfer; 2. Receipts deposited into Dealer/Jobber’s account;3. Purchase Option; 4. Restrictive Covenant
SunShine RV, LTD Franchise Agreement 1. Step in rights
Super America Franchise Agreement 1.  Transfer
Super Petroleum Inc Dealer Agreement (Gas) 1. Brand Covenant/Deed Restriction Issues
Superior Tool Sales Distributor Agreement 1. Transfer
Superiour Walls of America Franchise Agreement 1. Transfer; 2. Apprasial
Suzuki Dealer Agreement 1. Transfer
Sweet Candy Franchise LLC Franchise Agreement 1. Transfer; 2. Apprasial
Taco Bell Franchise Agreement 1. Transfer
Taco Mayo Franchise Agreement 1. Step In rights
Tan World Franchise Agreement 1. Transfer
Taylor Rental Franchise Agreement 1. Transfer
TBS Petroleum, LLC Dealer Agreement (Gas) 1. Transfer
Team 21 Franchise Franchise Agreement 1. Transfer
Teavana Franchise Agreement 1. Transfer
Tesoro Jobber Agreement 1. Transfer
Texaco Dealer Agreement (Gas) 1 Transfer; 2. Restrictive Covenant
The Greene Turtle Franchise Agreement 1. Franchisor determines permanent disability; 2. Apprasial; 3. Step In
The Meat House Franchise Agreement 1. Transfer; 2. Apprasial
The Old Spaghetti Factory Franchise Agreement 1. Transfer
The Pasta House Co. Franchise Agreement 1. Step In Rights; 2. Franchisee continues to remain liable after transfer
The Tutoring Cente Franchise Agreement 1. Step In Issues
Thomas Petroleum Dealer Agreement (Gas) 1. Transfer
Thrifty Nickle License Agreement 1. Franchisor controlls the franchisee’s employees; 2 Affiliation Issues; 3Apprasial Issues;4 Transfer;5
Tilted Kilt Franchise Agreement 1. Ineligible business pracitce
Tim Horton’s Franchise Agreement 1. Transfer;2 Franchisee containues to remain liable after tranfser; 3. Franchisee needs franchisor’s consent to obtain security interest.
Time Oil Dealer Agreement (Gas) 1. Transfer
Tire Factory Franchise Agreement 1. Transfer
T-Mobil Agent Agreement 1. Transfer
Tom’s Foods, Inc. Franchise Agreement 1. Apprasial Issues
Tony Roma’s Franchise Agreement 1. Apprasial Issues
Too Hottiest Franchise Agreement 1. Ineligible business practices;2.Transfer;3. Franchisor controls billing services
Tosco / Union 76 Dealer Agreement (Gas) 1. Transfer; 2. Appraisal Issue
Toshiba America Dealer Agreement 1. Transfer
Town Place Suites by Marriott Franchise Agreement 1. Transfer(reasonable business judgement issues)
Trane Company Distributor Agreement 1. Transfer
TRAQ Ltd Franchise Agreement 1. Transfer2. Step In rights
TriVision Energy, LLC Dealer Agreement (Gas) 1. Transfer
TriVision Energy, LLC Dealer Agreement (Gas) 1. Transfer
Truck Options Franchise Agreement 1. Apprasial Issues
True Value Membership Agreement 1. Trnasfer
TSO Marketing, Inc. License Agreement 1. Transfer
Tutti Frutti Franchise Agreement 1. Transfer
Twirl Inc Franchise Agreement 1. Transfer
U.S. Lawns, Inc. Franchise Agreement 1. Apprasial Issues
U.S. Pizza Company Franchise Agreement 1. Transfer
Umbria Pizzeria Franchise Agreement 1. Step In Issues
Union 76 Branded Reseller Agreement Dealer Agreement (Gas) 1. Transerr
Union Distributing Company Jobber Agreement 1. Transfer
Union Distributing Company Dealer Agreement (Gas) 1.Transfer; Receipts deposited into Dealer/Jobber ‘s Account
Unique Pizza Franchise Agreement 1. Transfer
United Hardware License Agreement 1. Transfer
Vagabond Franchise Agreement 1. Transfer
Valentino’s of America Franchise Agreement 1. Apprasial Issue
Valero Refining Company Dealer Agreement 1. Transfer; 2. Dealer (borrower) remains liable after transfer
Velocity Sports Performance Franchise Agreement 1. Transfer; 2 Appraisl Issue
Verizon Wireless Agent Agreement 1. Transfer
Village Coffee Franchise Agreement 1. Transfer
Vintner’s Cellar Franchise Agreement 1. Transfer; 2. Apprasial
Vision Source Franchise Agreement 1. Transfer; 2. Apprasial
Voo Doo BBQ & Grill Franchise Agreement 1. Apprasial;2 Franchisee remains liable after transfer
Wachovia Security Financial Network, LLC Agent Agreement 1. Transfer;2 Franchisor has ability to close out accouts.
Wahoo’s Fish Taco LLC Franchise Agreement 1. Transfer
Wellcraft Marine Dealer Agreement 1. Transfer
Wendy’s Franchise Agreement 1. Apprasial; 2. Franchisor has the ability to purchase the real estate
Wheat Montana Franchise Agreement 1. Transfer
Wheaton Van Lines Agency Agreement 1. Transfer
Wheel Repair Solutions Intnl., Inc. Dealer Agreement 1. Transfer; 2. Apprasial Issues.
Which Which Franchise Agreement 1. Franchisor determines permanent disabiltiy
Whiskey Creek Franchise Agreement 1. Step In Rights Issues
White House Chicken Franchise Agreement 1. Step In Rights
Wienerschnitzel Franchise Agreement 1. Transfer
Wine Loft Franchise Agreement 1. Apprisal; 2. Framchisee containes to remaine liable after transfer; 3. Franchisor determines permanent disability
Wings To Go Franchise Agreement 1. Step In Rights
Wolford America, Inc Franchise Agreement 1. Transfer
World Gym Franchise Agreement 1. Transfer
Xerox Corporation Distributor Agreement 1. Transfer
Yamaha Motor Corp Dealer Agreement 1. Transfer
Yogurtland Franchise Agreement 1. Step In Rights
Yogart Mountian Franchise Agreement 1. Apprasial
Zeus License Agreement 1. Transfer
Zodiak Boats Dealer Agreement 1. Transfer
Posted in Franchises, Valuing, Buying or Selling a Business | Tagged , , , , , , , , , , , , , , , , , , , , , , | 8 Comments

How to Sell a Business: Getting Your Business Ready to Sell

By William Bruce, President, American Business Brokers Association.

This series of articles covers the issues involved in selling your business.  In our last article, we discussed possible reasons for selling your business and the importance of being able to give a legitimate reason for the sale.

This time we’ll talk about getting your business ready to sell.  The time, effort and expense that you expend in getting your business ready to take to market will pay handsome dividends. Don’t underestimate the crucial importance of preparation.

Your Location

In short, spiff up the place! Start first with curb appeal. Stand back and take an objective look at your business location as you approach from the street. Look critically and make a list of the things that need attention. Prune the overgrown shrubs, haul off the trash, clear the sidewalks, paint the building. Do whatever you need to in order to give a good first impression.

Even in the sale of a business, first impressions really do count. You might think that business buyers would normally concentrate on the profit and loss statement to the exclusion of appearance, but some prospective buyers that I’ve worked with were just never able to get over a shoddy look when they turned into the parking lot.

On the other hand, I’ve had some buyers tell me they knew from the moment they saw the business that it was the one they wanted. And this was before they saw any of the financials! The first impression was just that good.

Next, go inside your business with the same critical eye and clean it up. Get all those files off the floor and back into the cabinets. Steam clean the carpets and wax the floors. Paint the dirty walls. Replace the light bulbs. Put inventory on the shelves. In summary, make the place look neat and inviting. After all, the prospective buyer is trying to convince himself that your business is where he ought to spend the next ten to twenty years. Make it easy for him to picture himself enjoying the nice, neat, bright environment of your business.

In summary, there is just no sense in taking the chance of getting off on the wrong foot with an otherwise good prospect because of a poor appearance. This is one phase of the selling process that you can control one hundred percent. Take control, and turn it to your advantage.

Your Books

Business buyers – and their lenders – will expect, at some point in the process, to see at least three years of your financial statements and tax returns. As we’ll discuss later, you should not give these records to every Tom, Dick and Harry; however, qualified prospects who have signed a confidentiality agreement will expect to be able to review the financial performance of the business.  Accordingly, you should make sure that all of your financial statements and tax returns are up to date.

Which brings us to a real problem. Your profit and loss statements and tax returns, if they are like the books of most privately held businesses, don’t show much profit. They may even show a loss.  It’s because – let’s see, how shall I delicately say this – most business owners do not keep books to pay income taxes. In fact, most business owners make strenuous efforts to write down any profits. You may be making an excellent living out of your business, but you’re taking advantage of all available possibilities to reduce the profit that you show Uncle Sam.

As an example, take the sale of a large restaurant that I recently handled.  The profit and loss statement from the business was actually showing a small loss.  However, the owner’s wife drove a Lincoln Navigator which was listed on the books of the business as a company vehicle. The company also paid for all her gas and maintenance on the Navigator although she has no role in the operation of the restaurant. Same for the daughter’s Honda which she drove back and forth to college.  The daughter was also on the payroll as an employee of the restaurant which furnished her with spending money at college, although she never actually worked at the restaurant. The family ski vacation to Colorado was charged to the business  because the owner attended a business meeting for a couple of hours while in Aspen.

You see where I’m heading here, don’t you? By the time all these items plus any non-cash expenses were accounted for, the restaurant was actually producing a nice yearly cash flow for the family.  (Hey, I’m not with the IRS and don’t express an opinion here!)

But the situation presents a problem for a potential buyer of the business. The owner’s bookkeeping practices camouflage the actual cash producing ability of the business. The solution for someone selling his or her business is the cash flow worksheet.

Computing Cash Flow

So first let’s define cash flow. Some business brokers refer to it as owner’s discretionary cash  flow or ODCF. Owner’s discretionary cash flow is defined as that amount of cash that the business produces in a year’s time that is available (1) to pay back any debt that the owner of the business incurred to buy the business, and (2) for the owner’s compensation.

Another way to express it is that ODCF is the amount of cash the business produces after all necessary operating expenses – and only the absolutely necessary operating expenses –have been deducted.

This process of computing cash flow is referred as the recasting or normalizing of income. In recasting a profit and loss statement, this is the procedure that is used to compute ODCF:

  • Start with the company net profit (or loss) as shown on the profit and loss statement or tax return.
  • Add any non-cash deductions that have been taken such as depreciation and amortization. (These are “paper deductions” allowed by the IRS for which no check is written.)
  • Add any interest expense (because you will be selling the assets free and clear so the buyer will not incur this expense. It will be available for his debt service, if any.)
  • Add the owner’s salary and perks (because this amount will be available to the new owner for his own compensation.
  • Add any family perks (cars, vacations, non-working employees, etc) that have been run through the business as a business expense.
  • Add any one-time, extraordinary expense items that will not be routinely incurred again (such as a major repair bill).

The total of these items will give prospective buyers a more accurate assessment of the cash producing ability of your business and is referred to as owner’s discretionary cash flow (ODCF).

You should have a cash flow worksheet prepared for each of the last three years, plus an interim worksheet for the current year. If you’re using a business broker, he has a form and software for quickly producing this report. But he’ll need your help in identifying the items on your P&L that are not necessary business operating expenses, so plan on sitting down with him and assisting in this project.

There is one more point I need to make here before we leave the subject of cash flow. If you have had cash income that you cannot prove, just remember that this is part of the owner’s income that you have already benefited from and, if you can’t prove it, then it cannot be reflected in your selling price.

Now that you’ve spiffed up the place and cash flow has been computed, we’re ready to talk about how to value your business, which will be covered in the next article.

(Readers of this blog can order the entire series of articles by requesting the 26-page booklet, “How to Sell Your Business While Avoiding Costly Mistakes.”  To request your copy, please email William Bruce at WilliamBruceOnline@gmail.com.)

Posted in Valuing, Buying or Selling a Business | Tagged , , , , , , , | 5 Comments

Why Do Business Buy-Sell Agreements Fall Apart?

We are indebted to BusinessesForSale.com for the following article.  BusinessesForSale.com is one of the world’s largest and most repsected business-for-sale websites.  – William Bruce

____________________________

In many cases, the buyer and seller reach a tentative agreement on the sale of the business, only to have it fall apart.

There are reasons this happens, and, once understood, many of the worst deal-smashers can be avoided. Understanding is the key word. Both the buyer and the seller must develop an awareness of what the sale involves–and such an awareness should include facing potential problems before they swell into floodwaters and “sink” the sale.

What keeps a sale from closing successfully? In a survey of business brokers across the United States, similar reasons were cited so often that a pattern of causality began to emerge. The following is a compilation of situations and factors affecting the sale of a business.

The Seller Fails To Reveal Problems.   When a seller is not up-front about problems of the business, this does not mean the problems will go away. They are bound to turn up later, usually sometime after a tentative agreement has been reached. The buyer then gets cold feet–hardly anyone in this situation likes surprises–and the deal promptly falls apart. Even though this may seem a tall order, sellers must be as open about the minuses of their business as they are about the pluses. Again and again, business brokers surveyed said: “We can handle most problems… if we know about them at the start of the selling process.”

The Buyer Has Second Thoughts About the Price.   In some cases, the buyer agrees on a price, only to discover that the business will not, in his or her opinion, support that price. Whether this “discovery” is based on gut reaction or a second look at the figures, it impacts seriously on the transaction at hand. The deal is in serious jeopardy when the seller wants more than the buyer feels the business is worth. It is of prime importance that the business be fairly priced. Once that price has been established, the documentation must support the seller’s claims so that buyers can see the “real” facts for themselves.

Both the Buyer and the Seller Grow Impatient.   During the course of the selling process, it’s easy–in the case of both parties–for impatience to set in. Buyers continue to want increasing varieties and volumes of information, and sellers grow weary of it all. Both sides need to understand that the closing process takes time. However, it shouldn’t take so much time that the deal is endangered. It is important that both parties, if they are using outside professionals, should use only those knowledgeable in the business closing process. Most are not. A business broker is aware of most of the competent outside professionals in a given business area, and these should be given strong consideration in putting together the “team.” Seller and buyer may be inclined to use an attorney or accountant with whom they are familiar, but these people may not have the experience to bring the sale to a successful conclusion.

The Buyer and the Seller Are Not (Never Were) in Agreement.   How does this situation happen? Unfortunately, there are business sale transactions wherein the buyer and the seller realize belatedly that they have not been in agreement all along–they just thought they were. Cases of communications failure are often fatal to the successful closing. A professional business broker is skilled in making sure that both sides know exactly what the deal entails, and can reduce the chance that such misunderstandings will occur.

The Seller Doesn’t Really Want To Sell.   In all too many instances, the seller does not really want to sell the business. The idea had sounded so good at the outset, but now that things have come down to the wire, the fire to sell has all but gone out. Selling a business has many emotional ramifications; a business often represents the seller’s life work. Therefore, it is key that prospective sellers make a firm decision to sell prior to going to market with the business. If there are doubts, these should quelled or resolved.

Some sellers enter the marketplace just to test the waters; to see if they could get their “price,” should they ever get really serious. This type of seller is the bane of business brokers and buyers alike. Business brokers generally can tell when they encounter the casual (as opposed to serious) category of seller. However, an inexperienced buyer may not recognize the difference until it’s too late. Most business brokers will agree that a willing seller is a good seller.

Or…the Buyer Doesn’t Really Want To Buy.   What’s true for the mixed-emotion seller can be turned right around and applied to the buyer as well. Buyers can enter the sale process full of excitement and optimism, and then begin to drag their feet as they draw closer to the “altar.” This is especially true today, with many displaced corporate executives entering the market. Buying and owning a business is still the American dream–and for many it becomes a profitable reality. However, the entrepreneurial reality also includes risk, a lot of hard work, and long intense hours. Sometimes this is too much reality for a prospective buyer to handle.

And None of the Above.   The situations detailed above are the main reasons why deals fall apart. However, there can be problems beyond anyone’s control, such as Acts of God, and unforeseen environmental problems. However, many potential deal-breakers can be handled or dealt with prior to the marketing of the business, to help ensure that the sale will close successfully.

A Final Note.   Remember these three components in working toward the success of the business sale:

  • Good chemistry between the parties involved.
  • A mutual understanding of the agreement.
  • A mutual understanding of the emotions of both buyer and seller.
  • The belief, on the part of both buyer and seller, that they are involved in a good deal.

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William Bruce is a business broker and appraiser who is a member of BusinessesForSale.com, the firm that supplied the above information.

William Bruce consults nationally on issues involved in business transfers and valuation.  He may be reached at WilliamBruceOnline@gmail.com or (251) 626-4949.  His business brokerage website may be viewed at www.WilliamBruce.net.

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What is a Franchise REALLY Worth? How to Value any Franchise.

We are indebted to Business Brokerage Press for the following article and information. Business Brokerage Press is the most respected and authoritative source of small business pricing guidelines available.  They may be reached at http://www.bbpinc.com.

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From the October newsletter of Business Brokerage Press:

From the upcoming 2013 Business Reference Guide, we have listed franchises with a “quick” rule of thumb, or range, usually expressed as a percentage of sales. For many of them we have based it on quite a few actual sales; others may have been based on just a few; and, in some cases, just one where we felt it was appropriate. They can be a good starting point for pricing the business.

Many of the franchises are well known while others are very new with just several units. By the time this goes to press, some of the franchises may have folded, sold or merged. We try to keep this as up-to-date as possible. We could use your help. To contribute to our ever-growing list, just complete the franchise resale form on our web site. Please also email tom@bbpinc.com if you find that a franchise has disappeared or merged, etc. Obviously the big changes such as Mail Boxes to UPS Store will be caught by us or by our researchers (hopefully).

Keep in mind that rules of thumb are just that. Every business is different and rules of thumb will never take the place of a business valuation or even an opinion of value. Rules of thumb are also not intended to create a specific value or to be used for an appraisal. But, they will give you a quick ballpark idea of what the business might sell for with everything else being equal. A rule of thumb will tell you whether a seller is in the ballpark when he or she tells you what they think their business is worth or what they want to sell it for.

For up-to-date information and for those companies where the number of units is not shown, track down their web site. Read the footnotes where indicated.

FRANCHISE LIST – A thru C:

A number in parentheses beside a franchise indicates a note at the end of the list.

Ace Cash Express 1.25

Ace Hardware stores (1) 45%

Adam and Eve 35%

Andy on Call 25%

Aero Colours 70%

All Tune & Lube 20 – 25%

AlphaGraphics 60 – 65%

Allegra Printing 60 – 65%

American Poolplayers Association (APA) (2) 140%

Andy OnCall 25%

Arctic Circle 40%

Atlanta Bread Company 25 – 30%

Baskin-Robbins Ice Cream 45 — 50%

Batteries Plus 30 – 35%

Beef O’Brady’s 22%

Ben & Jerry’s 35 – 40%

Between Rounds Bagel Deli & Bakery (3) 40 – 45%

Big Apple Bagels 35 – 40%

Big City Burrito 55 – 60%

Big O Tires  – 35%

Black Jack Pizza 45 — 50%

Blimpies 45 — 50%

Boba Loca 30%

Bresler’s Ice Cream 35 – 40%

Bruster’s Ice Cream 50%

Budget Blinds (4) 45 – 50%

Burger King 40%

Camille’s Sidewalk Café 30 – 35%

Carl’s Jr 40 – 50%

Cartridge World 30 — 35%

Carvel Ice Cream/Restaurants 55%

Car X Auto Service 35 – 40%

CertaPro Painters 45%

Chester’s International 45%

Cheeburger Cheeburger 35 — 40%

Chick-Fil-A 60 – 70%

Closets by Design 50%

Closet Factory 50%

Cold Stone Creamery 30%

Conroy’s Flowers 55 – 60%

Cost Cutter’s Family Hair 55 – 60%

Coverall Cleaning Systems (5) 2–3 times mo. sales

Culligan Dealerships 80 – 120%

Curves for Women (6) 35 — 40%

(1) Sales seem to indicate that smaller sales bring a higher multiple (50% +) than stores with sales over a million, which seem to bring lower multiples. Price is plus inventory which may be the cause of lower multiples for larger stores.

(2) $1,000 to $1,800 per team in sales; selling price – $2,000 to $2,500 per team

(3) 3 – 4 times earnings

(4) 2 times annual EBIT, plus inventory & equipment

(5) Master/Area developer – Sell for 3 to 5 times earnings plus some blue sky for size and potential of market (some cases).

(6) Prices for Curves for Woman seem to be all over the place. Some sales have been reported at 75+% of sales. One sale reported was 1.31 times sales for four units.

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FRANCHISE LIST – D thru L:

A number in parentheses indicates a note at the end of the list.

Dairy Queen 45 — 50%

Deck the Walls 35 – 40%

Del Taco 90%

Dick’s Wings and Grill 35%

Dollar Discount Stores 20%

Domino’s Pizza 50 – 55%

Dream Dinners 45%

Dr. Vinyl 75%

Dry Cleaners USA 55%

Dunkin’ Donuts (7) 75 – 80%

Eagle Transmission Shops (8) 40%

Environment Control 42%

Fantastic Sam’s (9) 35 – 40%%

Fast Fix (Jewelry) 80 – 85%

Fast Frame 32%

FasTrac Kids 45%

Fast Signs 42 – 46%

FedEx Ground 65 – 70 %

Firestone Tire Stores 35%

Floppy’s Mouse Club 70%

Foot Solutions 60%

Framing & Art Centers 60%

Friendly Computers 30% — 35%%

Friendly’s Restaurant 40%

Geeks on Call (Australia) 60%

General Nutrition Centers 40%

Godfather’s Pizza 28%

Goin’ Postal 30 – 35%

Goodyear Store (Business Opportunity) 35%

Grease Monkey 50%

Great Clips 1 – 1.5 SDE

Great Harvest Bread Co. (10)

Great Steak 50– 55%

Grout Doctor 85 — 90

Hallmark Cards 40%

Harley-Davidson Motors (11) 87%

Heavenly Hams 30 — 35%

Home Helpers 35%

Home Team Inspection 35%

Honest 1 Auto Care 70 %

House Doctor 24%

Hungry Howie’s Pizza & Subs 35%

Huntington Learning Center 60%

i9 Sports 65 – 70%

Iceberg Drive Inn 40 – 45%

Jani-King 26-5 — 30%

Jersey Mike’s Subs 50%

Jiffy Lube 50%

Jimmy Johns 65 — 70%

Johnny Rockets 75%

Jon Smith Subs 20%

Juice It Up 24%

Kentucky Fried Chicken (KFC) 30 – 35%

Kuman Math & Reading Centers 80 – 90%

Kwik Kopy (printing) 50 – 60%

Lady of America 45 — 50%

Laptop Xchange 85 — 90%

Lenny’s Subs 15%

Liberty Tax Service 40%

Lil’ Dino’s Subs (12) 64%

Little Caesar’s Pizza 55%

Logan Farms (honey-glazed hams) 30%

(7) Dunkin Donuts shops now sell for 75 – 125% of annual sales, depending mainly on geography. It’s about 125% in New England, 100% of sales in the Mid-Atlantic States, and lower in the South and Midwest. There really is not a Dunkin Donut market in the West. A sale in Colorado was reported that sold for 22% of sales.

(8) Eagle is a Texas based franchise http://www.eagletransmission.com. They are the strongest transmission franchise in the Dallas area with 21 locations and are a minor player in Houston and Austin. The attraction is the royalties at 4% in Dallas and 6% Houston and Austin, and the training is “hands on” locally.

(9) These stores sell for maximum 2 times SDE versus $120,000 to $150,000 + for new. 10 to 12 sales have been reported at 2 times SDE for absentee owner stores (most are) and 2 times SDE + manager’s salary of owner operated.

(10) 3.3 – 3.4 times SDC

(11) Netted $2,100,000 and seller retained 20% of ownership

(12) One sold for 80% of sales, but it was located in an office building with vending rights.

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FRANCHISE LIST – M thru Z:

A number in parentheses indicates a note at the end of the list.

MAACO Auto Paint 40%

MaggieMoo’s Ice Cream (13) 32%

Maid Brigade 45%

Mama Fu’s 30%

Marble Slab Creamery 45 — 50%

Martinizing 60%

McGruff’s Safe Kids ID System 52%

Meinke Car Care Center 30 – 35%

Merry Maids 45%

Midas Muffler 35 – 40%

Minuteman Press 65%

Molly Maid 40%

Money Mailer 40 – 45%

Mountain Mike’s Pizza 27%

Moto Photo 72%

Mr. Gatti’s Pizza 25 – 30%

Mr. Jim’s Pizza 35 – 40 %

Mr. Payroll 1.3%

Mr. Rooter Plumbing (14)

Mrs. Fields Cookies 68%

Murphy’s Deli 50%

Music Go Around 40 %

My Favorite Muffin 30 — 35%

Nathan’s Famous 100%

Nature’s Way Café 45%

Natural Chicken Grill 25 – 30%

New York Pizzeria 35 — 40%

Obee’s Soup/Salad/Subs 55 — 60%

Oil X Change 30%

Once Upon A Child 25%

Orange Julius 32%

Original Italian Pie 35 — 40%

OXXO Dry Cleaners 65%

Pak Mail 50%

Panera Bread 35 – 40%

Papa Johns PIzza (18)

Papa Murphy’s Pizza 35 – 40%

Parcel Plus 25%

Petland 57%

Pillar to Post – Home Inspection 40%

Pizza by George 50%

Pizza Factory (15) 35%

Pizza Inn 47%

Planet Beach 35 — 40%

Play It Again Sports 40 — 45%

Precision Tune Auto Care 36%

Pump It Up 30%

Purrfect Auto 50 – 55%

Quaker State Lube 50%

Quizno’s Classic Subs (16) 25 — 30%

Red Robin Gourmet Burgers 32%

Reniassance Executive Forums 75%

Rocky Mountain Chocolate 65 – 70%

Rita’s – Ices, Cones, Shakes 80 – 1.3%

Roly Poly Sandwiches 34%

Safe Ship 40%

Samurai Sam’s Teriyaki Grill 50%

Sarpino’s Pizza 50%

Sears Carpet & Upholstery Care 30%

Senior Helpers 40 – 45%

ServiceMaster Clean 55 – 60 %

Serv Pro 90%

Shell Rapid Lube (Business Opportunity) 50%

Signarama 55 – 60%

Sir Speedy (printing) (17) 55 – 60

Smart Box 48%

Smoothie King 40 – 45%

Snap Fitness 40%

Soup Man (Original) 30%

Subway (18) 65 – 70 %

SuperCoups 40 – 45%

Superior Inspection 1.3%

Swisher (restroom hygiene service) 75%

Taco John’s 31%

Tan USA 60 – 65%

TCBY 40 – 45%

The Maids 40 – 45%

Togo’s Eatery 60 – 65%

Topz Healthy Burgers 40%

Tropical Smoothie Café 55 — 60%

Two Men and a Truck 43%

U Save (auto rental) (18) 10 – 15%

UPS Stores 40 – 45%

Valpak Mailers 3 SDE

Valvoline Instant Oil Change 50%

We the People 86%

Wild Birds Unlimited 30 – 35%

Wine Kitz (Canada) 55%

Wingstop Restaurants 33%

Wireless Toyz 45 — 50%

Worldwide Express 50 – 55%

Your Office USA 60%

You’ve Got Maids 60%

Ziebart International (auto services) 42%

Zoo Health Club 20%

(13) One MaggieMoo’s Ice Cream & Treatery sale was reported at 92%, three years old, great location, growth at 15% approx a year; but only 15% down payment

(14) 1 – 4 times SDC plus hard assets. The number between 1 – 4 depends on several factors such as the owner operating a truck, etc.

(15) Pizza factory has approximately140 units in the 10 Western States.

(16) Two sales in the Western states were reported at 99% of sales and another at 65% of sales. However, two sales in the lower Midwest were reported at 38% and 40%. One sale in New York was reported at 48% of annual sales, another in Massachusetts at 51% and one in Nevada at 45%.

(17) One sale was reported at 70% of sales.

(18) “As a former multi-unit Subway franchisee and a Development Agent, now a business broker Subway stores, there are many different formulas I have seen. 30 to 40 weeks sales, or 60 to 70% of sales is a popular one. Actual sales price depends on supply and demand and is closer to 70% of sales in So. CA.”

“On stores with gross sales of $300,000 to $500,000, multiple of 40% of annual sales. On stores with sales of $500,000+, multiple of 50% of annual sales. Franchisor would like 30% as a down payment on resales.”

“I would suggest for Subway, in New England and maybe all of New England, due to the high number of pizza restaurants, Subways tend to sell for a much lower of percentage of sales than 47% — sometimes as low as 20 – 25%.”

(19) Price does not include cost of vehicles, and revenues do not include auto sales.

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William Bruce is a business broker and appraiser who subscribes to the Business Brokerage Press publications.  He consults nationally on issues involved in business transfers and valuation.  He may be reached at WilliamBruceOnline@gmail.com or (251) 990-5934.  His business brokerage website may be viewed at www.WilliamBruce.net.

 

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What Is a Master or Regional Franchise?

Updated March 24, 2021 by William Bruce, President, American Business Brokers Association.

Sometimes called regional franchises, a master franchise is a special type of franchise agreement that gives an entrepreneur the exclusive rights to sell or open a given number of franchises in a large geographical area.

Stated another way, it is the owning of the rights to develop a franchise system within a territory.  The territory can be a metropolitan area, an entire state, several states or a whole country.

It is common for master franchises to encompass an area containing millions of people.  In these territories, the entrepreneur who obtains the master franchise rights controls where all franchise locations will be and how many will be built; however the master franchise agreement may specify the number and a timetable for development.

This system may be one of the least known business ownership opportunities available today.  The master franchise model allows the entrepreneur to build a large business operation within a relatively short period of time with a concept that has already been developed by the franchisor.  Entrepreneurs with the necessary capital and management talent can experience significant growth and value appreciation.

The investment in this type of franchise may be large, but the rewards can far exceed those of other franchise opportunities.

This is usually a low-overhead business requiring few if any employees in the beginning.  With hard work and the right franchise, the territory can be methodically built into a business worth millions of dollars.

Increased Revenue Potential

As a master franchisee, the methods of generating income are expanded versus a traditional franchise. With a traditional franchise, the business owner is generally only offering the product or service directly to the end-use customer such as in a retail outlet. With a master franchise, the entrepreneur enjoys several very important advantages:

  • When a master franchisee sells a franchise to a buyer in the territory, he/she receives a portion of that franchise fee. Some agreements allow the master to retain up to half of the net franchisee fee.
  • The master has the option of opening their own additional franchise locations at a significantly reduced franchise fee.
  • The master earns on-going monthly royalties from the services performed or products sold in the territory.  Once the master has set up the franchisee, he/she receives royalty income for the rest of the life of that franchise, usually 2% to 4% of the franchisee’s volume every month.
  • If real estate is involved with the franchisee’s location, often the master can become involved in development of sites and receive other types of real estate related income. This type of income is optional for the master franchisee.

The master’s main responsibility will be to act as a business consultant to his/her franchisees and help them succeed in their own business.

These are key characteristics of the typical master franchise:

  • Very few customers: The master’s customers are the franchisees. The master helps support a small number of franchisees who may own several franchise units each.
  • Very few employees: Typically a master franchisee will work without employees in the beginning and add staff as the business grows.
  • Very little office space: Many master franchises can get started out of a home office and expand to an outside office as needed.
  • Master franchisees can build equity in the business at a much faster rate than a normal business. Once a few franchises are sold or opened, the value of the business increases significantly. Not only does the master have an existing business with cash flow, but additional franchise opportunities to sell, which gives the entrepreneur a higher business valuation.  Instead of the typical 2 to 3 times multiple of earnings for most business appraisals, a master franchise territory could average a valuation of between 4 to 5 times earnings.
  • A master franchise entrepreneur doesn’t need prior experience in the specific industry.  Extensive industry specific training and support from the corporate office in included in the initial investment.

Skills Needed as a Master Franchisee

  • Management or sales experience. Real life experience owning or running a business is helpful. Sales and marketing experience can also be valuable.
  • Good people skills. The master will be dealing with franchisees and will need to treat them like customers, which they are.
  • The ability and desire to follow a proven system. The right franchise system is fully developed for success.  Don’t invest in a master franchise unless you believe you can follow the company’s system.
  • Financially qualified. Franchise fees for a master franchise will typically range from $150,000 to $500,000 to invest in an exclusive area. In addition, an entrepreneur will need operating capital.  Typical operating capital requirements will range from $25,000 to $200,000 depending on several variables.

Not all franchisors offer master franchise agreements.  And some that did in the past are now sold out.

William Bruce has personally investigated many franchises but selected only a few master franchise opportunities to offer to entrepreneurs.  The opportunities have been highly screened.  Criterion for selection includes a solid, non gimmicky concept, a multi-year track record of success and earnings that are fully documented in disclosures properly filed with the federal government.

As one example of the opportunities uncovered, investigated and now recommended is a niche retail store that has earned a net profit of over $300,000 for several years in a row.  This flagship store is 30 years old and is now franchising.  The master franchise investment for this opportunity averages $426,000 and gives the master franchisee the opportunity to open multiple stores in a large territory.

If you think master franchising might be right for you, please contact William Bruce to take the next step in your investigation of the opportunities.  He may be reached at (251) 990-5934 or by email at WilliamBruceOnline@gmail.com.

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For our article on the best and worst franchise investments based on SBA loan default rates, please click here.

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Small Business Survival Index Ranks States for Entrepreneurship

The Small Business and Entrepreneurship Council has released its 2011 ranking of the states according to their public policy climates for small business and entrepreneurship in the “Small Business Survival Index.”

The Index stands out as a comprehensive measure of how friendly or unfriendly states are for small business in terms of public policy decisions. The factors included in the Index – taxes, various regulatory costs, government spending and debt, property rights, health care policies, energy costs, and much more – matter to the competitiveness of each state and to the well being of small business.

The 2011 Index has been expanded to cover 44 major government-imposed or government related costs affecting small businesses and entrepreneurs. The measures are  added together for an overall rating.

The top 15 states are: 1) South Dakota, 2) Nevada, 3) Texas, 4) Wyoming, 5) South Carolina, 6) Alabama, 7) Ohio, 8 Florida, 9) Colorado, 10) Virginia, 11) Washington, 12) Mississippi, 13) North Dakota, 14) Utah, and 15) Arizona.

Meanwhile, the bottom fifteen are: 37) North Carolina, 38) Maryland, 39) Hawaii, 40) Illinois, 41) Iowa, 42) Massachusetts, 43) Minnesota, 44) Connecticut, 45) Maine, 46) California, 47) Rhode Island, 48) Vermont, 49) New Jersey, 50) New York and 51) District of Columbia.

Any surprises for you?  I was surprised to see North Carolina ranked low.  I thought they were pretty business friendly.  All comments are welcome.

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William Bruce is a business broker and appraiser.  He currently serves as president of the American Business Brokers Association.

He is available nationally to assist with issues of business valuation and the transfer of ownership interests in privately held businesses.

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What is Business Goodwill? How is it Valued?

Updated May 24, 2021 by William Bruce, President, American Business Brokers Association.

As a business broker I’m often asked about business goodwill.  There appears to be a bit of confusion about the term.

It’s fairly simple.  Goodwill is an intangible asset of an ongoing business.  It is intangible as opposed to the tangible assets of a business which may include furniture, fixtures, equipment, inventory and real estate.

What creates goodwill?  Many factors may contribute to the goodwill value of a business.  Such considerations as the company’s reputation, size and loyalty of the customer base, number of years in business, market penetration and brand awareness can all create goodwill.

In addition, such things as proprietary products and also agreements giving the business exclusive rights to sell products or deliver services can definitely enhance the value of goodwill.  Outstanding employees who are highly trained and motivated also lend goodwill value to a business operation.

And intellectual property can become a significant part of the goodwill value (ie: patents, trademarks, copyrights and trade secrets).

In fact, any intangible situation in a business, whether subtle or not so subtle, which gives the business some competitive advantage will add to the goodwill value of the company.

Although goodwill is an intangible asset, it can be calculated as a definite dollar figure.  This is the way it’s done:

  • Let’s say ABC Corporation has a business appraisal done on the business to determine the total market value of the company.  The appraiser of the company will use several methods of valuation to come to a conclusion of the total market value of the business.  (For our article on using rule of thumb guidelines to estimate the value of a business, please click here.)
  • Once the total market value of the company has been determined, we can easily calculate the value of the goodwill asset.  You simply subtract the value of the tangible assets of the company as outlined in the written appraisal (which may include furniture, fixtures, equipment, inventory and real estate) from the total market value of the company.  The balance is goodwill.
  • For example, if ABC Corporation has a total market valuation of $300,000 with tangible assets of $200,000, then the value of goodwill of the company would be worth $100,000.

Is goodwill the same as “blue sky?”

Absolutely not.  At least not to this business broker with graying hair who has “seen it all” – or almost all!

Goodwill is an accepted business and accounting reality that is validated by CPA and law firms worldwide.  Goodwill lends definite and quantifiable value to a business entity.

Blue sky connotes – at least to me – something that is essentially worthless.

Any questions?  Or comments?  All are welcome and encouraged.

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William Bruce is an Accredited Business Intermediary and currently serves as president of the American Business Brokers Association.

His practice includes consulting nationally on issues involving the valuation and transfer of business interests.  He may be reached at (251) 990-5934 or by email at Will@WilliamBruce.com.

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