Previewing the prospect's view
Demo mode. The signature emailer is not connected yet — Adam wires the submit endpoint during deployment. Until then, signing confirms on-screen but does not email FMS. Everything else is fully working.
FMS Franchise
Franchise Development Proposal

Franchise Development Program

I
Franchise Strategic Planning
Model, strategy, competitive analysis, fees, business plan
II
Franchise Legal Documentation
FDD, Franchise Agreement, state registrations
III
Operations Services
Manual outline, on-site analysis, full operations manual
IV
Franchise Marketing Services
Marketing plan, brochure, website, sales training
V
Ongoing Support
Strategic alliances, media, consulting and coaching
four months
Development program
5
Integrated workstreams
23
FTC disclosure items
Prepared for
Prepared by
Franchise Marketing Systems
Client contact
Date
Proposal ID
Valid until
FMS FranchiseWhat this engagement delivers
Prepared for
◎ At a glance

Everything included in your program

Five integrated workstreams, delivered end to end. Every item below is included in the development program fee.

I

Franchise Strategic Planning

Included
Implementation call
Franchise fee structure
Current business examination
Franchise structure report
Strategic expansion plan
Franchise business plan
Competitive analysis
Funding readiness (SBA)
II

Franchise Legal Documentation

Included
Franchise Disclosure Document
State registration strategy
Franchise Agreement
23 FTC disclosure items
III

Operations Services

Included
Manual analysis & outline
Comprehensive operations manual
On-site analysis & consulting
Six-section manual (A–F)
IV

Franchise Marketing Services

Included
Franchise marketing plan
Franchise website
Franchise brochure
Franchise sales training
V

Ongoing Support

Included
Marketing & media alliances
Lead-generation listings (3 yr)
Franchise consulting & coaching
Real estate & vendor sourcing
Franchise Marketing Systems · Confidentialwww.FMSFranchise.com
FMS FranchisePart I · Strategic Planning
Prepared for
I
Part I

Brand Franchise Strategic Planning

Franchise Implementation Call

The Franchise Marketing Systems development team will introduce resources, background, and the overall process for the franchise development model. Client will introduce the brand, background, and leadership team to the Franchise Marketing Systems team. An implementation call will be conducted to both start the development process and initiate the engagement and relationship between both parties.

Current Business Examination

Franchise Marketing Systems will collect key information from the client to review, discuss, and analyze the business model, brand, and current state of the organization in order to best prepare to launch the franchise system and begin awarding franchise units.

{K}Review current brand
{K}Current website
{K}Logo / brand colors
{K}Social media
{K}Customer profile
{K}Current suppliers
{K}Technology in place currently
{K}Review of existing financials
{K}Market size
{K}Local competitors
{K}Market trends
{K}Government regulations

Brand Strategic Expansion Plan

Franchise Marketing Systems will develop and work with the brand to complete a franchise strategy questionnaire that accurately describes the brand's expansion goals and key success targets. These points will be used in the franchise development process and communicated through the franchise business plan.

{K}Strategic Survey & Questionnaire — Franchise Marketing Systems will complete a strategic survey and questionnaire with the brand.
{K}Brand Development Focus — Franchise Marketing Systems will work with the brand to formalize a plan for brand and concept expansion.
{K}Goal Establishment — Franchise Marketing Systems will establish and document the goals for the franchise development of the brand.
{K}Market Focus — Franchise Marketing Systems will document and design a market layout for the franchise expansion and develop a regionalized plan of expansion for the brand.

Franchise Competitive Analysis

Franchise Marketing Systems will review the industry competitors for the brand concept and industry segment. This competitive analysis will then be used for benchmarking purposes to understand where to position your brand against competing franchise systems. This will provide the brand with a full understanding of the industry layout and the strategic implications of the brand franchise strategy. Franchise Marketing Systems will document a competitive summary based on the following analysis of the industry segment.

{K}Document competitive concepts and design business plan.
{K}Analyze and document other franchise systems' mistakes, opportunities, and relevant franchise strategies.
{K}Build a competitive analysis of franchise fees to document the brand fee.
{K}Provide the brand with analysis of industry royalty fee averages and value proposition.
{K}Develop market analysis for [segment] concepts to document.
{K}Research and document the sales and earnings of competitive franchises.
{K}Acquire all publicly available franchise documentation from competitive franchise systems for use in developing brand documents.

Franchise Marketing Systems will run a comparative analysis of the top potential competitors of the brand offering. Franchise Marketing Systems will examine the basic concept, operational format, and general marketing characteristics of the brand business model. Each element of the brand concept will be benchmarked against the comparable franchisors and businesses. These comparisons will be evaluated in terms of their overall effect upon the franchise program, encompassing types of products and services offered; types and sizes of locations utilized; total investment for establishing a territory; and sales and earnings of the corporate entity and franchising concept. As a [segment] franchise, the brand will inevitably be compared to other similar concepts, and will be able to benefit from the mistakes those companies have made in their franchise programs.

Franchise Marketing Systems · Confidentialwww.FMSFranchise.com
FMS FranchisePart I · Strategic Planning
Prepared for

Franchise Fee Structure

Franchise Marketing Systems will review brand revenue options and recommend appropriate revenue sources that may contribute to the new franchise organization's income and profits. Among the available revenue sources are the following:

Initial franchise fees

Franchise fees will be determined after weighing various factors, among them the marketability of the franchise at various price levels, competition from other business opportunities available to potential buyers, and the cash flow produced by the business. The recommended initial franchise fee will be structured in light of a number of factors, such as front-end selling expenses, advertising, commissions, training, site and start-up assistance costs, market needs, and other variables. Franchise Marketing Systems will develop the appropriate franchise fee for the brand based on numerous factors:

{K}Competitive analysis
{K}Market positioning
{K}Cost of franchise advertising
{K}Franchise commissions
{K}Training & support expenses
{K}Travel & staffing expenses

Franchise Marketing Systems will develop a structure and business model for working with brokers and independent referral agents for the brand.

Royalties

Royalties will be recommended after a review of the brand business and considering the needs of franchisees and current industry practices. They will be based on the need to maintain sufficient corporate cash flow, to support general and administrative costs and franchise services, and to provide ongoing income for the continuing operation of the franchise. They must also be affordable for franchisees.

Advertising requirements for franchisees

Franchise Marketing Systems typically recommends three levels of franchise advertising requirements that your franchisees will follow:

Local Advertising

Franchisee maintains a minimum advertising spend in their own market.

Regional Co-operative

Franchisees in a region pool funds and advertise together in a given market.

Marketing Fund

Franchisees pay a marketing fund fee to the franchisor alongside royalty fees.

Local, cooperative, and corporate advertising fees will be recommended after an evaluation of the amounts currently spent for advertising in operating units and the type of advertising needed at the unit level. Corporate advertising fees required of franchisees will be based on the opportunity for leveraging buying power to promote the brand and scale the offering. The franchise business plan, in addition to the franchise operations manual, will document and define exactly how brand franchisees may use brand logos, marketing collateral, and branding. Everything a franchisee does from a marketing standpoint will be required to pass through franchisor approval before being released into the marketplace. The brand will retain direct control and management over where the advertising fees will be spent: the corporate ad fund is managed directly by the franchisor, while local advertising is managed by franchisees with franchisor oversight.

Additional Revenue Opportunities

Selling of products to franchisees

Franchise Marketing Systems will work with the brand to develop a business model for additional revenue streams from products and item sales to franchisees. This may include sales of advertising, print, or other related products or supplies, marketing materials, items needed to operate the business, or research and development for new products, lead-support products, materials, supply items, and other services to be offered within the brand business model.

Vendor rebates

Franchise Marketing Systems will support the brand in making decisions related to vendors, suppliers, and structuring vendor rebate programs. This includes potentially identifying vendors, negotiating vendor relationships, and structuring rebate compensation models.

Additional franchise fees

{K}Technology Fee — monthly fee paid by franchisees for technology support.
{K}Additional Training Fees — charged should a franchisee require extra training or support.
{K}Transfer Fee — charged when a franchisee sells the franchise to a new owner.
{K}Special Inspection Fees — charged should an inspection be required.

These recommendations are incorporated into the legal, operations, and marketing documents and strategies. These issues include policy formulation, market potential, speed of expansion, the franchise structure best suited to the brand situation, and current company resources available to meet franchise goals.

Franchise Marketing Systems · Confidentialwww.FMSFranchise.com
FMS FranchisePart I · Strategic Planning
Prepared for

Franchise Structure Report

Franchise Marketing Systems will make recommendations relating to the critical business decisions that become the foundation of the franchise program for the brand. These recommendations are incorporated into the legal, operations, and marketing documents and strategies. These issues include policy formulation, market potential, speed of expansion, the franchise structure best suited to the brand situation, and current company resources available to meet franchise goals.

Franchise owner profile

{K}Develop a target franchisee profile
{K}Capital requirements
{K}Required background and experience
{K}Markets in which growth will focus
{K}Franchisee required business skills
{K}Owner involvement in the business

Type of franchise offered

{K}Individual franchises — owner / operator
{K}Area development franchises
{K}Multi-unit franchises
{K}Conversion franchises (existing [segment] locations)
{K}International franchise growth
{K}License model & brand licensing structure
{K}Co-branding and co-tenancy evaluation
{K}Structure of franchisee ownership (sole proprietorship, LLC, partnership…)

Territory structure for franchisee

{K}Population base
{K}Demographics of area
{K}Income levels of customer base
{K}Support structure for franchisees
{K}Distance between corporate and franchisees
{K}Competitive analysis for each market
{K}Saturation-level analysis

Franchisee support programs

{K}Corporate training structure
{K}Field training model
{K}Field support — visits to franchisees
{K}Phone support — 800#
{K}Intranet development
{K}Supplying marketing materials to franchisees
{K}Leveraging strategic partnerships
{K}Franchisee conventions
{K}Website support program — content & strategy

Internal staffing

{K}Documenting and identifying key roles for franchise management
{K}Establishing responsibilities
{K}Job functions within the franchise system
{K}Bringing on new team members
{K}When & how to hire franchise management staff
{K}Setting expectations and management structure
Franchise Marketing Systems · Confidentialwww.FMSFranchise.com
FMS FranchisePart I · Strategic Planning
Prepared for

Franchise Business Plan

Following the analysis, Franchise Marketing Systems will review all critical decisions and weigh the impact of these decisions on key aspects of the franchise program. This will include a written business plan for the brand organization, in addition to the individual-unit business plan, which can be used for brand owners.

{K}Financial projections for the brand model
{K}Cash-flow analysis of the brand system
{K}Franchisee ROI analysis
{K}Franchise model cash-flow analysis for operator
{K}Financial projections for sales & business development
{K}Franchise growth goals and analysis
{K}Structured franchise business plan
{K}Operational, legal & marketing recommendations

Additional areas of documentation

Brand LicensingThe brand will also retain the rights to license the brand to other areas and markets outside of the franchise distribution model. This will be documented in the business plan as well as in the legal documents for the brand.

Vendor & Supplier Management — As the brand develops the franchise system, vendors will be added and removed from the strategic growth plan based on discounts, strategic advantages, and relationship-management issues.

Location Analysis — Franchise Marketing Systems will work with the brand to develop a plan for territory types: how large and expansive the territories are, where they are located, and what the office requirements should be for franchisees.

Protection of Intellectual Property & Proprietary Work — Franchise Marketing Systems will develop a business plan that accounts for the brand retaining and protecting all the rights and ownership to all copyrights, trademarks, logos, information, and developments.

Corporate Structure & Defining Entities — Franchise Marketing Systems will develop a business model and approach that defines the overall corporate structure and the relationship between each of the entities. This will require legal input from brand counsel.

{K}Start-up analysis
{K}Market overview
{K}Concept potential
{K}Brand history
{K}Value to the customer
{K}Cash-flow projections & financial analysis

Business planning for brand franchisees

Franchise Marketing Systems will prepare a structured and detailed business plan that franchise partners of the brand may use in presenting to financial institutions, malls, community centers, or other purposes. This business plan will also include a marketing plan for the franchise owners of the brand. This will be a final written document for the brand.

Focus. Build long-term valuation and a sustainable, local market-effective growth network.
Franchise funding. Franchise Marketing Systems affiliate Franchise Funding Solutions (FranchiseFundingSolutions.com) will develop the financial presentation of the brand franchise to be ready for SBA financing. Franchise Funding Solutions will coordinate, implement, and execute franchise funding throughout the franchise sales process. This includes lines of credit, SBA loans, business lines of credit, 401(k) rollovers, and other franchise lending solutions.
Franchise Marketing Systems · Confidentialwww.FMSFranchise.com
FMS FranchisePart II · Legal Documentation
Prepared for
II
Part II

Franchise Legal Documentation

23
FTC disclosure items
Addressed in the Franchise Disclosure Document.
2
Core legal instruments
Disclosure Document & Franchise Agreement.
50
State strategy
Registration & filing pathway across the U.S.

Franchise Disclosure Document

The franchise law firm will draft and prepare the Franchise Disclosure Document for use in signing franchise relationships. This document will define the franchise relationship as based on the Federal Trade Commission guidelines and rules. There are 23 points of disclosure that will be handled in putting together these documents. The Disclosure Document will appropriately describe the principals involved in operating the business and the structure of the franchise program as defined by the franchise business plan.

Franchise Agreement

The franchise law firm will prepare the franchise agreement for use in signing and acquiring franchisees. The Franchise Agreement will appropriately define the structure of the franchise relationship and protect the brand as a franchisor.

State Registrations

The franchise law firm will prepare and manage the state registration process for the brand. The state registration fees will be in addition to this proposal — Franchise Marketing Systems will develop a strategic plan for the brand that appropriately develops a strategy to manage the state registration process.

State coverage for this engagement

U.S. franchise compliance landscape

Registration · 14 Filing · 9 FDD-registered
Alaska & Hawaii follow the same coverage. Hawaii is a registration state.
Registration states
California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Rhode Island, South Dakota, Virginia, Washington, Wisconsin
Filing states
Connecticut, Florida, Kentucky, Maine, Nebraska, North Carolina, South Carolina, Texas, Utah
The white states are all "registered" with the development of the FDD. State registration fees are in addition to this proposal and are the client's responsibility. They vary by the number and identity of states selected.
Franchise Marketing Systems · Confidentialwww.FMSFranchise.com
FMS FranchisePart III · Operations Services
Prepared for
III
Part III

Operations Services

Manual Initial Analysis & Outline

Franchise Marketing Systems will develop a preliminary outline that identifies and describes the topics that should be covered in the brand Operations Manual. Based on discussions through our planning meetings and material supplied by the brand and employees, this outline will reflect Franchise Marketing Systems' initial understanding of the issues relevant to the franchisee and will be specifically tailored to the franchise concept. It will also indicate the points at which the manual should cross-reference the provisions of the Franchise Agreement and will delineate the areas for which systems must be developed to monitor the operations of the franchisee. The outline is designed to aid the process of implementing the franchise program and will further serve as the agenda for the field visit.

{K}Operations definition
{K}Structuring the brand
{K}Defining the operating standards
{K}POS management
{K}Inventory management
{K}OSHA requirements
{K}Establishing the business
{K}Hiring staff
{K}Marketing the business
{K}Working with customers

Operations Manual — Table of Contents

A

Introduction

Welcome letter from management team
Quality assurance
Services of the franchise organization
Site selection · training & assistance
Advertising materials & sales aids
Operations consulting · helpline
Franchisee networking association
Website · social media · newsletter
Responsibilities to clients, franchisees, employees & franchisor
Monthly sales report meeting
Visits from corporate · field consultant
The client survey
B

Establishing a Franchise Business

Selecting your business type
Proprietorship · partnership · LLC · S-corp
Your status as a franchisee
Business name & required bank accounts
Special licenses and permits
Required [segment] insurance coverage
Selecting & leasing space · lease inclusions
Signage · utilities & services
Phone service · voicemail · protocol
Logo specifications & sample logo
Checks, stationery & business forms
Countdown-to-opening schedule
Required hardware & software
Recommended equipment & furnishings
Required initial inventory
B+

Paying Taxes & Additional Fees

EIN — how & when to apply
IRS-required reports & federal taxes
Income & self-employment tax
Social Security, Medicare & withholding
Unemployment & excise taxes
State income & unemployment tax
Retail, county & town sales tax
Personal property & business tax
Federal tax filing checklist
Late payments & audits
Insurance policies · transfer fees
Maintenance, renovation & legal fees
Emergency operating & relocation fees
Alternate suppliers · FDD Item 6 · modifications
C

Personnel

Contacting U.S. Dept. of Labor & state bureaus
Complying with Dept. of Homeland Security
Policy on sexual harassment
Creating your staff database
Recruiting & interviewing candidates
Maintaining staff compliance
Job descriptions
Recruitment & selection process
Protecting the brand system
Opening personnel files
Orientation & training of personnel
Sample employee training outline
Uniform / dress code
Establishing personnel policies
Evaluating employees
Discipline, termination & progressive discipline
D

Administrative Procedures

Suggested business hours
Monthly, financial & annual reports
Customer service & handling complaints
Pricing brand products & services
Products sold by the brand
Ordering equipment & supplies
Using vendors & approved vendor list
E

Daily Procedures

Daily procedures for a franchise
How to set up new customers
Conducting customer service
Job safety & hazard citation
Accident & incident reporting
Minor first-aid & emergency treatment
Emergency phone numbers
First-aid training — wounds, burns, eye, spine
Heat exhaustion · workers' compensation
General safety rules & fire safety
F

Selling & Marketing

Brand services & generating business
Potential customers · prospect research
Referrals
Corporate marketing fund
Cooperative & local advertising
The business opening & activities
Developing a local advertising program
Google Business · internet · website
Word of mouth & publicity
Sample marketing pieces
Sales process & phone protocol
Using brand marks & ad approval
Franchise Marketing Systems · Confidentialwww.FMSFranchise.com
FMS FranchisePart III · Operations Services
Prepared for

On-Site Analysis & Consulting

Franchise Marketing Systems will visit the brand headquarters and areas of business to observe the operations first-hand and to discuss the preliminary outline. Franchise Marketing Systems will be at the place of business for at least a one-day visit. At the client's discretion, Franchise Marketing Systems will be available for a second trip as well. This time spent in the operation will be long enough to fully understand the operation and business model. Subject to brand approval, Franchise Marketing Systems will determine the manual's style, scope, and format, and will document procedures, collecting any materials that are to be included in the manual. The manuals will cover every aspect of running and operating a location, including establishing the business, OSHA requirements, hiring procedures, and other start-up processes. The Operations manual will also include photographic representations of the operating unit. The photos and illustrations will coincide with the operational documentation and will aid in describing the business in further detail.

Efficiency Consulting — Franchise Marketing Systems will work with the brand to effectively design, document, and implement a business model that is as efficient as possible to replicate the brand system through franchising.

Developments & Discovery — Any discovery or improvements that are made to the business model by a franchisee will be the ownership and intellectual property of the brand.

Business Development & Vendor Sourcing — FMS will provide guidance as to how to structure the business for maximum efficiency, locate vendors and suppliers for increased scalability, and optimize the business model for growth. This is provided through FMS Sourcing.

Franchise Operations Manual

Full
Operating system
A complete, end-to-end operations manual.
6
Manual sections
Introduction through selling & marketing.
100%
Tailored
Built on your business & FMS experience.

Franchise Marketing Systems will create a customized, comprehensive operations manual that documents the full brand operating system — the definitive reference a franchisee relies on to run a unit to your standards. It captures every part of the business: establishing and setting up the location, day-to-day operating procedures and standards, hiring and managing staff, customer service, administration and reporting, compliance and safety, and local marketing and sales. The manual is built specifically around your concept rather than a template, drawing on detailed meetings with the brand team, first-hand observation of the business, the final franchise documents prepared for the program, and Franchise Marketing Systems' extensive franchise-development experience. It is structured across six sections (A–F), cross-referenced to the Franchise Agreement, and supported with photographic and illustrative documentation so the system can be consistently replicated across every location.

Franchise Marketing Systems · Confidentialwww.FMSFranchise.com
FMS FranchisePart IV · Marketing Services
Prepared for
IV
Part IV

Franchise Marketing Services

The Franchise Marketing Plan

Franchise Marketing Systems will develop a comprehensive plan for generating franchise sales leads in the United States. This plan, based on an understanding of the expansion goals for the brand and the profile of the target franchise owner, will recommend specific marketing activities and will include appropriate creative materials — such as direct mail letters and copy and layout for franchise sales ads — that can be utilized in the franchise sales campaign. The Marketing Plan will incorporate specific media suggestions, a budget for the campaign, and a timetable for implementation. It will also contain useful information on topics such as legal constraints on franchise marketing, how to obtain publicity, and whether to conduct seminars and participate in trade shows. Copy for the ad and letter will be developed within the context of Franchise Marketing Systems' experience, with guidelines established by the Federal Trade Commission and by various state regulatory agencies whose approval is required before any advertising materials can be used in connection with the offer of a franchise.

{K}Media analysis
{K}Strategic partner implementation
{K}Branding and value proposition
{K}Unique sales proposition for the franchise
{K}Sales presentation for the franchise
{K}Sales process for the franchise
{K}Qualifying the franchise buyer

Franchise Brochure

Franchise Marketing Systems will develop copy and layout for a brochure of approximately six to twelve pages for the brand, plus cover, designed to describe the franchise and to build enthusiasm among prospective franchisees. Current marketing materials and documentation will be used to develop this process and sales model. The brochure will describe in detail the distinctiveness of the concept, the benefits of the franchise program, and the market for its products and/or services. Franchise Marketing Systems will provide an electronic copy of the brochure containing the franchise brochure layout.

Franchise Website

Franchise Marketing Systems will be developing and building a franchise portion of the corporate website for the brand. This will be used to market not only the brand, but also the franchise model and concept. The current site will be adapted with franchise marketing and a sales presentation incorporated into the site presentation.

Franchise Sales Training

Franchise Marketing Systems will provide franchise sales training and structure. The franchise sales training program will typically be provided online through a virtual sales training program to all brand team members who choose to take part in sales training sessions. Franchise sales training will include documentation and materials supporting franchise sales execution, and provide the necessary information to the client to execute the franchise sales model.

{K}Franchise sales compliance
{K}Franchise sales process
{K}Franchise candidate tracking
{K}Franchise lead generation
{K}Franchise lead nurturing process
{K}Franchise closing process
Franchise Marketing Systems · Confidentialwww.FMSFranchise.com
FMS FranchisePart V · Ongoing Support
Prepared for
V
Part V

Ongoing Support

Marketing & Media

Franchise Marketing Systems will leverage existing strategic alliances and relationships in the franchise industry to develop value and enhance the effectiveness of the overall franchise development model. This would include the following relationships and groups in the franchise market:

{K}Leadmaster — used to manage sales leads and facilitate franchise sales and recruitment. Included at no additional cost
{K}Franchise Expositions — targeted franchise shows and events FMS leverages to market and sell franchises. Included at no additional cost

Franchise lead-generation platforms Included · 3-year listings

{K}
Entrepreneurentrepreneur.com
{K}
Franchise ConduitFranchiseConduit.com
{K}
American Veteran Franchisesamericanveteranfranchises.com
{K}
The Franchise CourierTheFranchiseCourier.com
{K}
Buy A Canadian Franchisebuyacanadianfranchise.com
{K}
FranchiseConsultants.livefranchiseconsultants.live
{K}
Strategic Franchise Brokersstrategicfranchisebrokers.com
{K}
Business Reviews For Youbusinessreviewsforyou.com
{K}
Franchise Business Interviewsfranchisebusinessinterviews.com
{K}
Franchise Industry Blogfranchiseindustryblog.com
{K}
Franchise RadioFranchiseRadio.net

Franchise Support & Real Estate

Franchise Marketing Systems will provide real estate support to help franchisees find the right locations, finalize locations, and establish quality leases for franchise units. This is provided through FMS Franchise Real Estate.

Franchise Coaching & Support

Franchise Marketing Systems will provide ongoing management, consultation, and coaching throughout the launch of the franchise system. The Franchise Marketing Systems team will be available for assistance and support needed to implement and execute the franchise model. This will include the following categories:

{K}Strategic planning for franchise growth
{K}Leadership decision making
{K}When to hire & staff support team members
{K}Vendor analysis and support
{K}Development & management of franchise system
{K}Franchise marketing & advertising support
{K}Training & support for training franchisees
{K}Technology support and advice
{K}Support with franchise compliance needs
{K}General support and management
Franchise Marketing Systems · Confidentialwww.FMSFranchise.com
FMS FranchiseInvestment & Agreement
Prepared for
§
Investment & Agreement

Investment & Agreement

Total program investment · Steps I–IV
$30,000
12 monthly payments
of $2,500
Base development fee$36,000
Discount–$6,000
Net development fee$30,000
Sales commission25% of the initial franchise fee on each unit sold. Non-exclusive. FMS receives no royalties.

Third-party expenses — all included

Payment covers Steps I–IV. The development program will be four months in total in order to be ready to sell, market, and award franchise locations. Franchise sales relationship is non-exclusive. Franchise sales commission is calculated off the initial franchise fee only. FMS does not receive any monies from royalties.
State registration fees are additional to this proposal and are the client's responsibility. They vary by the number and identity of states selected.
Franchise Marketing Systems · Confidentialwww.FMSFranchise.com
FMS FranchiseTerms & Conditions
Prepared for

Terms & Conditions

  1. Proposal Period. The pricing and terms of this Proposal are valid for 90 days from the date on the first page of this Proposal.
  2. Term. One-month periods until the Client or Franchise Marketing Systems terminates the agreement.
  3. Termination. Client may terminate this agreement at any time on a month-to-month basis, given notice to the provider.
  4. Independent Legal Counsel. Franchise Marketing Systems and its agents cannot and will not act as the Client's attorney in any capacity. Client should seek the advice of their own legal counsel with regard to this Proposal and the franchise documents and forms provided by Franchise Marketing Systems that are required for compliance with state and federal law. Upon the request of the Client, any necessary documents will be submitted to the Client's attorney, who is included in this proposal.
  5. Outside Costs. Not applicable.
  6. Billing. All amounts due under this Proposal shall be due on the date stated herein, and all additional fees and expenses billed to the Client shall be due on the date billed to the Client. All payments will be deemed late if not paid within 30 days of the due date. Late payments shall bear a late charge of an additional 5% for each successive 30-day period in which the debt is not paid.
  7. Copyrights. All of the materials comprising the deliverables shall be characterized as a "work made for hire" as defined in 17 U.S.C. § 101, such that the Client shall be the author. Furthermore, FMS hereby irrevocably assigns to Client any copyright interest in the deliverables it may now or later be deemed to possess.
  8. Patents. Any inventions or processes, as defined by 35 U.S.C. § 100, developed by Client, Franchise Marketing Systems, or its agents, including but not limited to business methods, shall be patentable solely by Client at their discretion.
  9. Trade Secrets. Any information that can be classified as a trade secret shall be the exclusive intellectual property of the Client. Franchise Marketing Systems will ensure that the confidentiality of all information prepared for the Client in the course of performing this contract is maintained by requiring each of its agents to execute written confidentiality agreements prior to such persons providing any Services for Client.
  10. Pre-existing IP Rights. Client will have ownership of all materials, content, and deliverables created in the development process.
  11. Confidentiality. Each party agrees to treat all trade secrets, technology, information pertaining to business operations and strategies, customers, pricing, marketing, finances, sourcing, personnel or operations of the disclosing party, its affiliates or their suppliers or customers, in each case whether spoken, printed, electronic or in any other form or medium (the "Confidential Information"), of the other party as strictly confidential; not to disclose Confidential Information or permit it to be disclosed, in whole or part, to any third party without the prior written consent of the disclosing party in each instance; and not to use any Confidential Information of the other party for any purpose except as contemplated by this Proposal.
  12. No Guaranty. Franchise Marketing Systems cannot and does not guaranty that the actual results or the success of any franchise program will be similar to any of the projections or forecasts provided by Franchise Marketing Systems.
  13. Breach. Neither party shall be deemed to be in breach of any of their respective obligations hereunder unless and until the other shall have given specific written notice by certified or registered mail, return receipt requested, of the nature of the breach, and the receiving party shall have failed to cure such breach within thirty (30) days after receipt of such written notice.
  14. Timeliness. Franchise Marketing Systems reserves the right to immediately suspend the term of this Proposal and discontinue any and all services and obligations to Client if Client fails to: (a) ensure that all materials necessary for Franchise Marketing Systems to perform its services are provided within a reasonable time period; (b) pay Franchise Marketing Systems all fees during the term of this Proposal by the due dates set forth herein.
  15. Indemnity. Both parties agree to and do hereby indemnify, defend and hold harmless the opposite party and its affiliates, officers, directors, agents, members, successors, assigns and licensees from any and all loss, expense, liability, damage or claim, including reasonable attorneys' fees, arising out of or resulting from either party's breach of any of its representations, warranties or obligations under this Proposal.
  16. Choice of Law. This Proposal shall be governed by and construed in accordance with the Federal Laws of the United States of America and the laws of the State of Georgia.
  17. Mediation. In the event a dispute shall arise between the parties, the parties agree to participate, in good faith, in at least 8 hours of Mediation, to take place in the Atlanta metro area, prior to either party filing suit against the other. The parties agree to share equally in the costs of the Mediation. A mediator registered with the Georgia Commission on Dispute Resolution shall administer the Mediation. The mediation session must take place within 30 days of the date that notice is given.
  18. Entire Proposal. This Proposal, together with any other documents incorporated herein by reference and related exhibits and schedules, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
  19. Severability. If any term or provision of this Proposal is deemed invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Proposal or invalidate or render unenforceable such term or provision in any other jurisdiction.
  20. Liability Cap. The liability of the work and deliverables included in this proposal for Franchise Marketing Systems is limited to the amount paid to Franchise Marketing Systems.
  21. Attorney's Fees. Not applicable.
  22. Notice. All notices, requests, consents, claims, demands, waivers and other communications hereunder shall be in writing and addressed to the parties at any of the mailing addresses, email addresses or fax numbers set forth on the signature page of this Proposal, or to such other address that may be designated by the receiving party from time to time. All notices shall be delivered by personal delivery, nationally recognized courier with all fees pre-paid, certified mail, facsimile, or e-mail of a PDF document with confirmation of transmission.
  23. Electronic Signature & Consent. The parties agree to conduct this transaction by electronic means and to execute this agreement through Franchise Marketing Systems' electronic signing system. Each party agrees that its electronic signature, together with the date and time it is recorded, is intended to sign and authenticate this agreement and shall have the same legal force and effect as a handwritten signature. The parties agree that this agreement, once electronically signed, is a binding and enforceable contract under the U.S. ESIGN Act (15 U.S.C. § 7001 et seq.) and applicable state Uniform Electronic Transactions Act provisions, including California Civil Code §§ 1633.1–1633.17. Each party confirms it is able to access, print, and retain a copy of this agreement, and that its signature is attributable to it through the secure access and records maintained by the signing system.
Franchise Marketing Systems · Confidentialwww.FMSFranchise.com
FMS FranchiseAcceptance & Signatures
Prepared for
Acceptance

Acceptance & Signatures

A legally binding agreement

By signing below through Franchise Marketing Systems' electronic signing system, both parties agree to execute this agreement electronically and accept that the electronic signature is binding and enforceable under the U.S. ESIGN Act and applicable state law (see clause 23). A timestamped, retainable copy is generated for both parties.

Client
Franchise Marketing Systems
Franchise Marketing Systems
Christopher James Conner · President
www.FMSFranchise.com
Signature
Date
www.FMSFranchise.com
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