Serving clients nationally from offices in Fairhope, Alabama and Baton Rouge, Louisiana. Contact William at Will@WilliamBruce.org or by phone at 251-990-5934 (Fairhope) or 225-465-5799 (Baton Rouge). We look forward to hearing from you!
It’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:
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:
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.
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:
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.”
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.
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
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
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
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.
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
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;
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.)
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
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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.
# # #
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.
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.
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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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.
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.