Considering a Teriyaki Madness Franchise? Don’t Overlook These 36 Important Franchise Fees

Updated April 28, 2019.

If you are considering a Teriyaki Madness franchise, don’t get blindsided by these 36 important franchise fees (from the initial franchise fee, to the royalty fee, to 34 other fees found in Items 5 and 6 of Teriyaki Madness’s 2019 FDD).

1.  Initial Franchise Fee:  $45,000 to $99,000

• Teriyaki Madness offers 2 different franchise packages depending on the number of Teriyaki Madness Businesses you wish to purchase:

• Single Franchise (1 Teriyaki Madness Business):  $45,000 Initial Franchise Fee
• Standard Franchise (3 Teriyaki Madness Businesses):  $99,000 Initial Franchise Fee

• If you qualify to develop and operate a Standard Franchise package, you will sign the “Multi-Franchise Addendum,” the form of which is attached to the 2019 Franchise Disclosure Document in Exhibit H. There is no development territory.

• Under your development schedule, you will open 1 Teriyaki Madness Business within the first year and the remaining 2 Teriyaki Madness Businesses within 5 years of signing the Franchise Agreement. If you do not open the second or third Teriyaki Madness Business within this timeframe, you forfeit the right to open additional Teriyaki Madness Businesses under the Standard Franchise package.

• You will sign a Franchise Agreement for your first Teriyaki Madness Business and you will be required to sign a “Teriyaki Shop Rider” for each additional Teriyaki Madness Business that you open under a Standard Franchise.

• The Initial Franchise Fee is fully earned by Teriyaki Madness and payable when you sign your Franchise Agreement, and is non-refundable under any circumstances, even if you fail to open any Teriyaki Madness Businesses.

• The Initial Franchise Fee is payment for all of Teriyaki Madness’s pre-opening assistance and training that it provides to allow you to open your Teriyaki Madness Business and also offsets some of its franchisee recruitment expenses.

2.  Shop Opening Assistance Fee:  $0 to $17,500

• In addition to the Initial Franchise Fee, you must pay Teriyaki Madness’s affiliate, MH International, a “Shop Opening Assistance Fee” of $17,500 for the first Teriyaki Shop that you purchase, which offsets Teriyaki Madness’s costs in supporting your efforts to find, develop, and open the Teriyaki Shop (“Shop Opening Assistance”).

• You will pay the Shop Opening Assistance Fee when you sign the Franchise Agreement.

• If you qualify to develop and operate a Standard Franchise, the Shop Opening Assistance Fee is waived for each additional Teriyaki Shop.

• Shop Opening Assistance Fees are fully earned by Teriyaki Madness when paid and are not refundable under any circumstances.

• Unless otherwise agreed to, by way of example, through a franchise sales promotion, or otherwise, all Initial Franchise Fees and Shop Opening Assistance Fees are uniform.

3.  Architecture Fee:  $2,000

• If you use an architect that Teriyaki Madness has not approved, you will pay Teriyaki Madness’s affiliate, MH International, an “Architecture Fee” of $2,000 to cover its costs to assist your chosen architect with designs and plans and may cover other administrative expenses.

• This fee is due before you engage the services of your chosen architect and is uniform and non-refundable under any circumstances.

4.  Opening Extension Fee:  $250 per week

• If you fail to open the Teriyaki Madness Business within 12 months of signing the Franchise Agreement or the applicable Teriyaki Shop Rider, you will be required to pay Teriyaki Madness an “Opening Extension Fee” of $250 per week until the Teriyaki Madness Business is open or Teriyaki Madness has the right to terminate the Franchise Agreement.

• In its sole discretion, Teriyaki Madness may waive the extension fee if requested in writing within 9 months of signing the Franchise Agreement.

5.  Royalty Fee:  6% of Gross Sales

• Due Date:  Tuesday of each week.

• The “Royalty Fee” is based on Gross Sales during the previous week.

• Payments are made via an electronic funds transfer (“EFT”).

• Your Royalty Fee is an ongoing payment that allows you to use the marks and the intellectual property of the System and pays for Teriyaki Madness’s ongoing support and assistance.

6.  Marketing Fund Contribution:  3% of Gross Sales

• Due Date:  Same as Royalty Fee.

• Teriyaki Madness has established a marketing fund (“Marketing Fund”) which is discussed in more detail in Item 11.

7.  Local Advertising Requirement:  $25,000 for first year of operation per Teriyaki Shop, $15,000 per year per Teriyaki Shop after the first year of operation

• Due Date:  As incurred.

• This requirement is discussed in more detail in Item 11.

• If you fail to provide required documentation for the local advertising requirement in any given period, you will be required to pay the difference to the Marketing Fund.

• This requirement is in addition to your grand opening requirement.

8.  Technology Fee:  up to $600 per month per Teriyaki Shop (currently $99.95 per month until your first Teriyaki Shop opens and then $350 per month per opened Teriyaki Shop thereafter)

• Due Date:  Monthly on the first Tuesday of each month.

• For use of Teriyaki Madness’s application development and service, online systems, email, data sharing, loyalty program, restaurant management platform, and other Internet-related functions.

• Teriyaki Madness collects this fee on the first Tuesday of each month.

• Teriyaki Madness reserves the right to increase this fee upon 30 days written notice.

• If you purchase the Standard Franchise package, you are only required to pay a total of $99.95 per month until your first Teriyaki Shop opens.

• In addition, franchisees may be responsible for paying Teriyaki Madness’s approved third-party vendors directly for certain technology.

9.  Optional Management Services Fee:  $4,500 per month

• Due Date:  On or before the 20th day of the month prior to the month for which the fee is due.

• Payable to Teriyaki Madness’s affiliate, Restaurant Sherpas, if you choose to use their optional management services which include site selection, construction, obtaining health permits, and day-to-day oversight of operations.

10.  Initiation Payment:  $13,500

• Due Date:  Upon signing the Restaurant Management Agreement.

• Payable to Teriyaki Madness’s affiliate, Restaurant Sherpas, if you choose to use their optional management services.

11.  Optional Management Services Incentive Fee:  10% of the profits of your Teriyaki Madness Business

• Due Date:  Within 15 days of the end of each fiscal quarter.

• In addition to the Optional Management Services Fee and Initiation Payment, you must pay Teriyaki Madness’s affiliate, Restaurant Sherpas, an incentive fee equal to 10% of the profit of your Teriyaki Madness Business.

• “Profit” is calculated as the Gross Sales less all expenses for the operation of your Teriyaki Madness Business.

12.  Payment Service Fees:  3% of total charge

• Due Date:  As incurred.

• Teriyaki Madness currently does not accept payment by credit card. If Teriyaki Madness accepts credit card payments in the future, it reserves the right to charge a service charge of 3% of the total charge for payment of any fee required.

13.  Failure to Submit Weekly Inventory or Other Required Report:  $100 per week until submitted

• Due Date:  As incurred.

• Payable if you fail to submit the weekly inventory or other required report within five days of the due date or Teriyaki Madness’s request.

• Your bank account will be debited for failure to submit any requested report within five days of the due date or Teriyaki Madness’s request.

14.  Additional Training or Assistance Fees:  an amount set by Teriyaki Madness (currently $500 per additional person per day for initial training and $500 per person per day for additional training, plus all travel expenses)

• Due Date: Payable in advance of the training or assistance.

• Teriyaki Madness provides the initial training and hands-on training program at no cost for up to 2 people (provided they attend at the same time) for your first Teriyaki Shop and for any initial designated manager for any additional Teriyaki Shops authorized by a Teriyaki Shop Rider.

• Teriyaki Madness may charge you for training newly-hired personnel, refresher training courses, and additional or special assistance or training you need or request. The fee amount will depend on the training required.

• If Teriyaki Madness provides additional training at your Teriyaki Shop, you may be required to pay for its instructors’ travel expenses as well.

15.  Conference Fee:  currently $2,000 for up to 2 attendees, plus expenses; and $1,000 for each additional attendee, plus expenses. You will receive a $500 royalty credit if at least 1 of your required participants attends the conference.

• Due Date:  As incurred.

• The “Conference Fee” is payable to Teriyaki Madness to help defray the cost of your attendance at the conference(s) including the cost of the hotel (based on double occupancy).

• Teriyaki Madness reserves the right to charge this fee whether or not you attend the conference.

• Teriyaki Madness did not hold an annual conference in 2018.

16.  Transfer Fee:  50% of Teriyaki Madness’s then-current Initial Franchise Fee per Teriyaki Shop

• Due Date:  At time of approved transfer.

• Payable or waivable at Teriyaki Madness’s sole discretion only in connection with the transfer of your Teriyaki Shop, a transfer of ownership of your legal entity, or the Franchise Agreement.

17.  Renewal Franchise Fees:  10% of Teriyaki Madness’s then-current Initial Franchise Fee per Teriyaki Shop

• Due Date:  At the time you sign the renewal Franchise Agreement.

• This fee is payable if you qualify for a renewal franchise and choose to enter into a renewal Franchise Agreement.

18.  Relocation Fee:  currently $5,000

• Due Date:  Upon submission of request to relocate.

• Payable if you relocate your Teriyaki Madness Business.

19.  Operations Manual Replacement Fee:  $500

• Due Date:  As incurred.

• Payable if the Manual Teriyaki Madness loans to you is lost, stolen, or destroyed.

20.  Late Payment:  $100 per occurrence, plus lesser of the daily equivalent of 15% per year simple interest or the highest rate allowed by law

• Due Date:  As incurred.

• Payable if any payment due to Teriyaki Madness is not made by the due date.

• Interest accrues from the original due date until payment is received in full.

21.  Returned Check or Insufficient Funds Fee:  $100 per occurrence

• Due Date:  As incurred.

• Due each time a check you write to Teriyaki Madness is dishonored or you have insufficient funds for an EFT payment.

22.  Food Safety Audit:  cost of audit (estimated to be approximately $250)

• Due Date:  As incurred.

• If you fail a food safety audit, Teriyaki Madness will require you to undergo an additional food safety audit at your own expense within 45 days. You will pay the third-party auditor directly upon invoicing.

• This fee is uniformly imposed and is not refundable in any circumstances.

23.  Audit:  cost of audit, plus lesser of the daily equivalent of 15% per year simple interest or the highest rate allowed by law (Teriyaki Madness estimates this cost to be between $1,000 and $15,000)

• Due Date:  Upon demand.

• Payable only if audit shows an understatement of at least 2% of Gross Revenues for any month or if you fail to fully cooperate with Teriyaki Madness’s third-party auditors or inspectors, as determined by the third-party auditors or inspectors.

24.  Taxes:  amount assessed by federal, state, and local tax authorities on any payments you make to Teriyaki Madness

• Due Date:  Upon demand.

• Payable if Teriyaki Madness is assessed any taxes on any payments you make to it (including sales, gross receipt, excise, use, or similar taxes, but not income taxes).

25.  Indemnification:  varies under circumstances

• Due Date:  As incurred.

• You must indemnify and reimburse Teriyaki Madness for any expenses or losses that it or its representatives incur related in any way to your Teriyaki Madness Business, franchise, or the operation of your Teriyaki Madness Business.

26.  Legal Costs and Professional Fees:  will vary under circumstances

• Due Date:  As incurred.

• You will be required to pay any costs that Teriyaki Madness incurs as a result of any breach or termination of your Franchise Agreement.

• This fee will include a minimum administrative cost of $250 to cover Teriyaki Madness’s expenses.

27.  De-Identify Premises:  will vary under circumstances

• Due Date:  As incurred.

• If you do not de-identify your Teriyaki Shop following expiration or termination of the Franchise Agreement, you will be required to reimburse Teriyaki Madness the cost to re-enter the premises and perform de-identification.

28.  Insurance:  reimbursement of Teriyaki Madness’s costs, plus a 20% administration charge

• Due Date:  On demand.

• If you fail to obtain insurance, Teriyaki Madness may obtain insurance for you and you must reimburse it for the cost of insurance obtained, plus 20% of the premium for an administrative cost of obtaining the insurance.

29.  Management Fee:  $500 per day per representative, plus expenses

• Due Date:  As incurred.

• Payable if Teriyaki Madness manages the franchise after you materially breach the Franchise Agreement, or upon you or your Designated Manager’s absence, termination, death, or disability.

30.  Liquidated Damages:  will vary under the circumstances

• Due Date:  15 days after termination of the Franchise Agreement.

31.  Unauthorized Advertising Fee:  $250 per occurrence

• Due Date:  Upon demand.

• This fee is payable to the Marketing Fund if you use unauthorized advertising in violation of the terms of the Franchise Agreement.

32.  Failure to Submit Required Financial Report Fine:  $100 per occurrence and $100 per week

• Due Date:  Your bank account will be debited for failure to submit any requested report within 5 days of request.

• Fines collected are paid to the Marketing Fund.

33.  Maintenance and Refurbishment:  varies under the circumstances

• Due Date:  As incurred.

• You must perform regular maintenance for your Teriyaki Madness Business.

• You must refurbish your Teriyaki Madness Business within 6 months after Teriyaki Madness’s request.

• You will not be required to refurbish your Teriyaki Madness Business within your first 3 years of operation.

34.  Supplier and Product Evaluation Fee:  cost of inspection (estimated to be approximately $100 to $500)

• Due Date:  As incurred.

• Teriyaki Madness currently does not charge this fee. If it chooses to charge a supplier and product evaluation fee in the future, this fee is payable if it inspects or tests product samples from proposed suppliers nominated by you.

35.  Customer Satisfaction Reimbursement:  varies under circumstances

• Due Date:  As incurred.

• Teriyaki Madness may, in its sole discretion, remedy any issues with customers of your Teriyaki Madness Business, including full reimbursement of any fees paid to you. You are required to reimburse Teriyaki Madness for any such remedy.

36.  Broker Fees:  Teriyaki Madness’s actual cost of the brokerage commissions, finder’s fees, or similar charges

• Due Date:  As incurred.

• If you transfer your Teriyaki Madness Business to a third party or purchaser, you must reimburse all of Teriyaki Madness’s actual costs for commissions, finder’s fees, and similar charges.