Franchising Since: 1990
Headquarters: Prairie du Sac, Wisconsin
Estimated Number of Units: 1,000
Franchise Description: Culver Franchising System, LLC is the franchisor. The franchisor grants franchisees the right to operate a Culver’s restaurant within a certain geographic area. Culver’s restaurants offer burgers, sandwiches, salads, dinners, frozen custard desserts, beverages and other menu items for drive-thru, carryout and on-site consumption in a quick-service, casual dining setting.
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Territory Granted: Under the Franchise Agreement, franchisees may only operate their restaurant at a specific location. Franchisees will typically receive a “designated territory” that will be a three-mile radius around the location of the restaurant, which may be smaller if such area contains a physical or perceived barrier (e.g. a river or a highway), a high population of people who live or work near that area, if franchisees propose a location which is not a freestanding site, and/or does not have a drive thru, and/or does not have its own dedicated parking lot, or if it contains another existing or potential trade area.
Obligations and Restrictions: If franchisees are an individual, they must be the full-time on-site owner-operator and personally manage the restaurant unless they receive the franchisor’s prior consent to delegate their authority to do so. If franchisees operate more than one restaurant, they may delegate certain management duties for additional restaurants to one or more managers that the franchisor approves. If franchisees are a corporate entity or a partnership, one individual (the operator) must retain at least 50% of the equity and voting interest in the corporate entity or partnership and will be obligated to be the full-time on-site operator who personally manages the restaurant. In the alternative, one individual operator may retain at least 25% of the equity and voting interest in the corporate entity or partnership, so long as that individual also has at least 25% ownership in the building and real estate, and he or she must be the full-time on-site operator and personally manage the restaurant. If franchisees are a corporate entity or a partnership, they must indicate the ownership structure and identify the ownership interests on the franchisor’s Certification of Business Entity. Franchisees must offer and sell all, and only, those goods and services that the franchisor has approved. Except for off-site sales that the franchisor specifically agrees to in writing, franchisees may serve customers only from the restaurant they have been authorized to operate.
Term of Agreement and Renewal: The length of the initial franchise term is 15 years. If franchisees are in good standing, they can renew the Franchise Agreement for one additional term of 10 years.
Financial Assistance: The franchisor does not offer direct or indirect financing. The franchisor does not receive payments or other consideration for the placing of financing or guarantee any note, lease or other obligation franchisees may enter into or incur. The franchisor currently offers a “Veterans’ Discount”, whereby it will reduce the initial franchise fee by $10,000 for qualified franchisees.
Estimated Initial Investment
| Name of Fee | Low | High |
| Initial Franchise Fee | $20,000 | $55,000 |
| Land | $240,000 | $2,700,000 |
| Site Work | $95,000 | $1,590,000 |
| Building | $1,507,000 | $2,946,000 |
| Travel, Living and Expenses During Training | $20,000 | $80,000 |
| Initial Inventory | $50,000 | $65,000 |
| Furniture, Fixtures Equipment and Supplies (Excluding Sign Package and POS Cash Register System) | $467,000 | $590,000 |
| Sign Package | $120,000 | $336,000 |
| POS System | $38,500 | $51,000 |
| Miscellaneous Expenses | $20,000 | $40,000 |
| Additional Funds (working capital) - for 3 months | $65,000 | $120,000 |
| ESTIMATED TOTAL | $2,642,500 | $8,573,000 |
Other Fees
| Name of Fee | Amount |
| Service Fee | 4% of gross sales. |
| Advertising Fee | 2.5% of gross sales. |
| Cooperative Advertising | Up to 4% of the gross sales, as approved by a majority vote of the members of the co-op advertising region. |
| Additional Training | $1,000 per person. |
| Additional Assistance | $500 per week. |
| Site Review Fee | $500 per site after four site reviews. |
| Custom Design Fee | Up to $5,000. |
| Extraordinary Building Assistance Fee | Up to $50,000. |
| Building Conversion Fee | Up to $10,000. |
| Excessive Site Location Design Fee | $500 per site location after four site locations. |
| Transfer Fee | $10,000 plus the franchisor’s attorneys’ fees; $5,000 plus the franchisor’s attorneys’ fees if the buyer is an existing franchisee. |
| Renewal | $30,000 |
| Insurance | Will vary under certain circumstances. |
| Audit | Cost of inspection or audit. |
| Interest | Lesser of 1.5% per month or highest contract rate of interest allowed by law. |
| Management Fee | To be determined under circumstances. |
| Gift Card Fees | Currently $0.22 cents per redeemed transaction. |
| Costs and Attorneys’ Fees | Will vary under circumstances. |
| Indemnification | Will vary under circumstances. |
| Supplier Payments | Will vary under circumstances. |
| Testing | Cost of testing. |
| Relocation Expenses | Costs of relocation. |
| Technology Fee | Estimated $600 - $1,000 per month. |
| Development Schedule Extension Fee | $20,000 per restaurant for an extension of up to six months for the dates to sign the Franchise Agreement and to open the restaurant. |
| Development Agreement Termination Fee | $50,000 for each restaurant to be developed under the franchisee’s development schedule for which they have not signed a Franchise Agreement or paid an initial franchise fee. |
| Territory Reservation Extension Fee | $20,000 for an extension of up to six months for the date to sign the Franchise Agreement. |
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