Franchising Since: 1995
Headquarters: Salem, Oregon
Estimated Number of Units: less than 10
Franchise Description: Figaro’s Italian Pizza, Inc. is the franchisor. The Franchise Agreement for a Nick-N-Willy’s franchise relates to the establishment, development and operation of businesses for the retail sale of a limited menu of pizzas, salads, desserts, beverage products and other menu items prepared in accordance with specified recipes and procedures using the trade secret food products as defined in the Franchise Agreement and utilizing the trade secret process as defined in the Franchise Agreement and confidential operations manual. The franchisor also franchises a concept named “Figaro’s Pizza.”
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Territory Granted: The franchisor will grant franchisees a geographic area (“designated area”). The designated area is a one-mile radius from the authorized street address. The franchise will be only for the specific authorized location approved by the franchisor. If a portion of the territory has previously been assigned, the specific territory will be identified in the agreement and may be smaller than the one-mile radius. Franchisees will not receive an exclusive territory. However, if franchisees purchase a Nick-N-Willy’s franchise, then while the Franchise Agreement is in effect and they are not in default, the franchisor will not establish nor license anyone other than the franchisee to establish any Nick-N-Willy’s facility in the designated area. Franchisees may elect to provide delivery as an additional service to consumers within an area that the franchisor approves.
Obligations and Restrictions: Each franchised store that franchisees own is to be at all times under the direct on-premises supervision of the franchisee, or a trained and competent employee acting as a crew leader or manager. Franchisees will at all times faithfully, honestly and diligently perform their obligations and will not engage in any business or other activities that will conflict with these obligations. Franchisees will offer for sale and sell at the franchised store all of the menu items, trade secret food products and other categories of food products that the franchisor periodically approves for the specific type of franchise purchased.
Term of Agreement and Renewal: The length of the initial franchise term is 10 years from the date the Franchise Agreement is signed. The franchisor is willing to give a different length of term upon the franchisee’s reasonable request ranging from 5 years to 20 years. Franchisees can renew for additional successive terms of 10 years if all of the conditions in the Franchise Agreement have been met.
Financial Assistance: The franchisor does not provide direct or indirect financing. The franchisor does not guarantee a franchisee’s notes, leases, or obligations.
Estimated Initial Investment
Name of Fee | Low | High |
Initial Franchise Fee | $0 | $39,000 |
Franchise Coordination Fee | $0 | $10,000 |
Grand Opening Advertising | $0 | $12,500 |
Lease Acquisition | $2,000 | $20,000 |
Leasehold Improvements | $10,000 | $215,000 |
Equipment & Fixtures | $20,000 | $150,000 |
Opening Inventory | $5,000 | $8,500 |
Employees | $500 | $3,000 |
Training | $500 | $5,000 |
Signs | $4,500 | $10,000 |
Delivery Vehicles | Varies | |
Additional Funds | $15,000 | $50,000 |
Miscellaneous | $16,500 | $40,000 |
ESTIMATED TOTAL | $86,500 | $549,000 |
Other Fees
Type of Fee | Amount |
Continuing Licensing Fees | 6% of gross receipts; Minimum of $150 per week from initial opening of the store. |
Branding Fee | 3% of gross receipts. Each month that franchisees are current on all financial reports and franchise fee payments and all other payments owed, they may take a 1% discount on their branding fee. A 1 % increase in the branding fee will automatically be triggered by failure to spend the minimum local advertising requirement or to report local advertising contributions. |
Local Advertising | 3% of gross receipts; can be increased to 4% of gross receipts with 30 days prior written notice, with a credit for any cooperative advertising paid. Out of this amount, the franchisor may require that at least, 0.125% of gross receipts be sent to us as a contribution to H.E.L.P. the charity or other charitable causes. |
Cooperative Advertising | Amount not to exceed 4% of gross receipts. |
Rebates | All rebates received. The franchisor estimates between $0 and $75,000 per year. |
Promotional Items | The franchisor’s cost plus reasonable markup. The franchisor estimates between $1,000 and $12,000 per year. |
Multi-Area Marketing and Discount Programs | Marketing kits, commissions, discounts, or free products. The franchisor estimates between $800 to $5,000 per year. |
Late Fee for Failure to Submit Report or Payment on Time | $50 per incident. |
Late Payments | Highest applicable legal rate for open account business credit, not to exceed 1.5% per month. |
Tax Payments | If the franchisor is charged with any tax by the authorized taxing authority of any state or political subdivision, including taxes on sales made to or licenses granted to the franchisee, or sales made by the franchisee at the franchise premises, the franchisee will pay these taxes. |
Audit | Cost of audit plus interest on underpayment. The franchisor estimates up to $20,000. |
Insurance Policies | Premium amounts. The franchisor estimates between $500 and $8,000 per year. |
Transfer Fee | Greater of $16,000 or 2% of gross proceeds from sale of the franchised store. |
Additional Training and Assistance | The franchisee’s cost. The franchisor estimates between $3,000 and $7,000. |
Additional Manager Training | $900 per week per individual. |
Continuing Education | The franchisee will be required to pay his or her expenses as well as his or her employees' expenses in attending these programs. |
Renewal Fee | None. There is a monthly late renewal fee of $250 if franchisees elect to renew but fail to sign the new franchise agreement prior to the renewal deadline. |
Cost of Enforcement or Defense | All costs including attorneys' fees. |
Operation of the Franchised Store in Case of Absence, Incapacity or Death | Reasonable compensation and expenses for the franchisor’s representative. The franchisor estimates up to $2,500 per month. |
Operation of the Franchised Store in Case of Franchisee’s Default | $400 per day plus expenses. |
Indemnification | All costs including attorneys' fees. |
Supplier/ Supply Approval | Actual cost of test. The franchisor estimates between $6,000 and $9,000. |
Lost Confidential Operations Manual | $500 |
Cure Costs, Penalties, and Cure Fee | The cost to correct the default or $100 per day until the franchisor has resolved the default. Cure fee: $2,500. $800 a day service fee, plus expenses. |
Mystery Shopper Fee | Standard charges by mystery shopper service. The franchisor estimates up to $1,200. |
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