A franchise or business opportunity seller must give the prospective buyer a detailed disclosure document at least ten (10) business days before the buyer pays any money or legally commit himself to a purchase. The disclosure document includes:
" Names, addresses, and telephone numbers of at least 10 previous purchasers who live closest to the buyer; " A fully audited financial statement of the seller; " Background and experience of the business's key executives; " Cost of starting and maintaining the business; and " The responsibilities buyer and the seller will have to each other once the buyer has invested in the opportunity.
Franchise sellers also must tell a prospective buyer in writing the number and percentage of owners who have failed.
San Jose, California is a vibrant city located in the heart of Silicon Valley. Known as the capital of the tech industry, it offers a dynamic and diverse environment for both residents and businesses. Entrepreneurs considering investing in a franchise opportunity in San Jose must be aware of the checklist of matters that must be disclosed to prospective franchisees in accordance with the FTC Franchise and Business Opportunity Rule. This ensures transparency and provides crucial information for individuals who are interested in starting their own franchise in the city. Here are some key points that must be covered in the checklist: 1. Franchise Fee: The initial franchise fee that the prospective franchisee needs to pay should be clearly stated in the disclosure document. This fee covers the rights to use the franchisor's brand, trademarks, and business methods. 2. Initial Investment: This section should provide a detailed breakdown of the estimated initial investment required to start the franchise. It should include costs such as equipment, leasehold improvements, inventory, and professional fees. 3. Royalty Fees: The disclosure must specify the ongoing royalty fees that the franchisee is obligated to pay to the franchisor. These fees are usually a percentage of the franchisee's sales or a flat fee, and they contribute to the ongoing support and services provided by the franchisor. 4. Advertising and Marketing: Franchisors often require franchisees to contribute to local or national advertising and marketing campaigns. The checklist should outline the franchisor's requirements in this regard, including any associated costs or obligations. 5. Training and Support: Prospective franchisees need to know the extent and duration of the training and ongoing support provided by the franchisor. This may include initial training programs, ongoing operational support, and assistance with marketing strategies. 6. Territory and Competition: The checklist should disclose whether the franchisee will operate within an exclusive territory and, if so, define the boundaries and any restrictions. It should also provide information about other existing franchisees in the area and potential competition. 7. Financial Performance Representation: If the franchisor provides any financial performance representations or earnings claims, they should be disclosed in the checklist. This may include information on average sales, gross margins, or expenses, presenting a realistic picture of the potential financial performance of the franchise. 8. Franchise Agreement and Renewal Terms: All relevant terms and conditions of the franchise agreement, including the duration, renewal options, and termination clauses, should be clearly outlined to the prospective franchisee. It is essential for prospective franchisees to review and understand the checklist of matters that must be disclosed to them in accordance with the FTC Franchise and Business Opportunity Rule. This helps them make informed decisions and evaluate different franchise opportunities available in San Jose, California.San Jose, California is a vibrant city located in the heart of Silicon Valley. Known as the capital of the tech industry, it offers a dynamic and diverse environment for both residents and businesses. Entrepreneurs considering investing in a franchise opportunity in San Jose must be aware of the checklist of matters that must be disclosed to prospective franchisees in accordance with the FTC Franchise and Business Opportunity Rule. This ensures transparency and provides crucial information for individuals who are interested in starting their own franchise in the city. Here are some key points that must be covered in the checklist: 1. Franchise Fee: The initial franchise fee that the prospective franchisee needs to pay should be clearly stated in the disclosure document. This fee covers the rights to use the franchisor's brand, trademarks, and business methods. 2. Initial Investment: This section should provide a detailed breakdown of the estimated initial investment required to start the franchise. It should include costs such as equipment, leasehold improvements, inventory, and professional fees. 3. Royalty Fees: The disclosure must specify the ongoing royalty fees that the franchisee is obligated to pay to the franchisor. These fees are usually a percentage of the franchisee's sales or a flat fee, and they contribute to the ongoing support and services provided by the franchisor. 4. Advertising and Marketing: Franchisors often require franchisees to contribute to local or national advertising and marketing campaigns. The checklist should outline the franchisor's requirements in this regard, including any associated costs or obligations. 5. Training and Support: Prospective franchisees need to know the extent and duration of the training and ongoing support provided by the franchisor. This may include initial training programs, ongoing operational support, and assistance with marketing strategies. 6. Territory and Competition: The checklist should disclose whether the franchisee will operate within an exclusive territory and, if so, define the boundaries and any restrictions. It should also provide information about other existing franchisees in the area and potential competition. 7. Financial Performance Representation: If the franchisor provides any financial performance representations or earnings claims, they should be disclosed in the checklist. This may include information on average sales, gross margins, or expenses, presenting a realistic picture of the potential financial performance of the franchise. 8. Franchise Agreement and Renewal Terms: All relevant terms and conditions of the franchise agreement, including the duration, renewal options, and termination clauses, should be clearly outlined to the prospective franchisee. It is essential for prospective franchisees to review and understand the checklist of matters that must be disclosed to them in accordance with the FTC Franchise and Business Opportunity Rule. This helps them make informed decisions and evaluate different franchise opportunities available in San Jose, California.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
