Franchising Since: 1995
Headquarters: Sherman Oaks, California
Estimated Number of Units: 600
Franchise Description: The franchisor is Gym Consulting, LLC d.b.a. My Gym Enterprises. My Gym centers emphasize children’s physical education by teaching pre-gymnastics, tumbling, fine and gross motor skills, sports skills, group interactive activities (including games and relays) and stretching, in a bright and cheery atmosphere using a warm and caring staff. Franchisees will operate a fixed center in a building that bears the franchisor’s trade dress (interior, exterior, or both) at an agreed-upon location. A fixed center will ordinarily be located in strip shopping centers, malls, and light industrial or commercial streets with heavy traffic. Upon approval, franchisees may operate a mobile business within their territory providing the services and products to institutional facilities and the customers located in such institutional facilities. “Institutional facilities” include, among other things: hotels; airports; federal, state or local government facilities (including military bases); hospitals and other health-care facilities; recreational facilities; schools, colleges and other academic facilities; daycare centers; and seasonal facilities.
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Territory Granted: Franchisees will not receive an exclusive territory. Franchisees may face competition from other franchisees, from outlets that the franchisor owns, or from other channels of distribution or competitive brands that the franchisor controls. The franchisor intends to provide franchisees with a territory that will include a minimum of 7,500 children of 13 years old or younger (as determined using data from the U.S. Census Bureau), which typically will be a circle with a radius of one to seven miles. The radius of the territory will be smaller in urban centers, where there may be a high concentration of residential and working populations. If franchisees are approved to operate a mobile business, they will be permitted to operate the mobile business within the territory described in the Franchise Agreement and may only offer and sell services and products to the institutional facilities (and the customers located therein) that are located within the territory. During the term of the Franchise Agreement, the franchisor will not operate or license a third party to operate, a fixed center to be located inside the territory, or to operate or license a third party to operate, a mobile business to provide services and products to institutional facilities located inside the territory, provided that the franchisee (and each affiliate) do not at any time commit any default under any obligations to the franchisor and/or any affiliate.
Obligations and Restrictions: Franchisees (or a center manager) must devote their full time, energy, and best efforts to the management of the My Gym business. The franchisor has the right to approve the center manager, who must also be successfully trained in accordance with the training program. Franchisees may sell and provide only products and services that conform to the franchisor’s standards and specifications. Franchisees may only sell products to customers that do not resell them. Franchisees may offer and sell products only face-to-face to customers. Franchisees may not sell products by use of other means, such as the Internet, catalog, direct mail, and toll-free numbers.
Term of Agreement and Renewal: The length of the initial franchise term is 12 years. If franchisees have complied with all agreements, they may renew for another 12-year term.
Financial Assistance: The franchisor does not offer direct or indirect financing and does not guarantee a franchisee’s notes, leases or other obligations.
Estimated Initial Investment
Name of Fee | Low | High |
Initial Franchise Fee | $55,000 | $55,000 |
Apparel and Promotional Items | $7,600 | $7,600 |
Advertising and Promotion | $25,000 | $25,000 |
Travel and Living Expenses While Training | $0 | $5,500 |
Real Estate and Improvements | $50,000 | $150,000 |
Equipment | $63,000 | $63,000 |
Signs | $1,700 | $4,500 |
Opening Inventory | $3,000 | $5,000 |
Insurance | $2,000 | $7,000 |
Computer Hardware and Software | $4,500 | $5,500 |
Miscellaneous Costs | $4,000 | $7,500 |
Additional Funds (three months) | $25,000 | $50,000 |
ESTIMATED TOTAL | $240,800 | $425,600 |
Other Fees
Type of Fee | Amount |
Royalty Fees | 7% of gross volume. |
Transfer Fee | $15,000 |
Marketing Fund | Up to 1% of gross volume. |
Regional Ad Fund | Not presently charged. |
Music Licensing Fee | As required by the music licensor; currently $700 per year. |
Enterprise Software (MGM 3.0) Monthly Fee | Currently $320/month. |
Minimum Purchase Requirements | Fixed Center: $8,000 per year. Mobile Business: $4,000 per year. |
Late Fees and Interest on Overdue Payments | $25 late fee, plus interest of 18% per annum. |
Audit Expenses | Cost of audit. |
Additional Assistance and Guidance | $250/person per day plus expenses of the representative. |
Optional Training | Reasonable fee; currently $1,000 per person. |
Web-Based Employee Training | Not presently charged. |
Supplier Testing | Actual costs. Will vary under circumstances. |
Securities Offering Fee | $5,000 or the franchisor’s actual expenses, whichever is greater. |
Relocation Fee | $2,500 |
Indemnification | Will vary under circumstances. |
Costs and Attorneys’ Fees | Will vary under circumstances. |
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