Franchising Since: 2006
Headquarters: Denver, Colorado
Estimated Number of Units: 700
Franchise Description: Einstein Bros. Bagels Franchise Corporation is the franchisor. The corporate parent company is Einstein Noah Restaurant Group, Inc. Franchisees operate a business that specializes in the sale of fresh-baked bagels, cream cheese and other spreads, specialty coffees and teas, baked sweets and snacks, and creative lunch items, among other things.
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Territory Granted: During the term of the Franchise Agreement, so long as franchisees remain in compliance with the terms of the Franchise Agreement, the franchisor will not establish or franchise anyone else to establish, another Einstein Bros. restaurant at any location within the “protected territory” that is designated in the Franchise Agreement (except as noted in the FDD with respect to “non-traditional facilities” or “captive market locations”). The protected territory will typically be a circle, the center of which will be the front door of the restaurant, and that circle will have a radius that is specified in the Franchise Agreement (two miles, except in dense urban centers, where it could be less). 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 it controls. The franchisor does not grant franchisees a protected territory or similar rights under the License Agreement.
Obligations and Restrictions: The Franchise Agreement and License Agreement do not require franchisees to participate personally in the direct operation of the restaurant, although the franchisor encourages and recommends active participation by franchisees. The franchisor does, however, require that franchisees and/or their certified manager(s) devote full time, energy, and best efforts to the management of the restaurant. Franchisees may sell and provide only products and services that conform to the franchisor’s standards and specifications. Franchisees also will have certain obligations to offer for sale particular items.
Term of Agreement and Renewal: The length of the initial franchise term is 10 years under the Franchise Agreement from the date the Restaurant opens, or 11 years from the effective date of the agreement. The term under the License Agreement is five years from the effective date of the agreement, and 10 years for all airport locations. If requirements are met, renewal of the Franchise Agreement is for one additional 10-year term, two additional five-year terms for the License Agreement, and one additional 10-year term for airport locations.
Financial Assistance: Neither the franchisor nor any agent or affiliate offers direct or indirect financing to franchisees, guarantees any note, lease or obligation of franchisees.
Estimated Initial Investment
Franchised Restaurant
Name of Fee | Low | High |
Construction Costs | $240,000 | $515,000 |
Computer Equipment & Electronics | $25,000 | $40,000 |
Furniture, Fixtures & Equipment | $150,000 | $225,000 |
Signage & Graphics | $25,000 | $60,000 |
Professional Fees (incl. architectural or engineering fees and permit and impact fees) | $28,000 | $45,000 |
Initial Franchise Fee | $35,000 | $35,000 |
Design Review Fee | $2,000 | $2,000 |
Opening Inventory, Smallwares and Supplies | $16,000 | $25,000 |
Initial Marketing and Promotion | $2,500 | $8,000 |
Insurance | $7,500 | $15,000 |
Training Expenses | $1,000 | $14,000 |
Miscellaneous Opening Costs | $1,000 | $2,500 |
Business Licenses | $1,000 | $1,500 |
Security Deposits | $1,000 | $2,500 |
Additional Funds (three months) | $20,000 | $40,000 |
ESTIMATED TOTAL | $555,000 | $1,030,500 |
Licensed Restaurant
Name of Fee | Low | High |
Construction Costs | $25,000 | $250,000 |
Furniture, Fixtures & Equipment | $50,000 | $200,000 |
Signage & Graphics | $8,000 | $15,000 |
Initial Franchise Fee | $10,000 | $12,500 |
Opening Inventory, Smallwares and Supplies | $15,000 | $25,000 |
Initial Marketing and Promotion | $2,500 | $2,500 |
Insurance | $2,500 | $3,500 |
Training Expenses | $2,500 | $6,000 |
Miscellaneous Opening Costs | $1,000 | $2,000 |
Business Licenses | $500 | $5,000 |
Security Deposits | $800 | $3,750 |
Additional Funds (three months) | $20,750 | $95,000 |
ESTIMATED TOTAL | $138,550 | $620,250 |
Other Fees
Type of Fee | Amount |
Royalty | 5% of gross sales under the Franchise Agreement; 6.5% of gross sales under the License Agreement (reduced to 4% of gross sales for airport locations). |
Marketing Contribution | 4% of gross sales under the Franchise Agreement. |
Grand Opening Marketing Program | $10,000 under the Franchise Agreement. |
Transfer Fee | 50% of the then-current initial fee. |
Interest on Overdue Amounts | 1.5% per month on the underpayment. |
Late Fee (License Agreement only) | 15% of amount due, plus any bank charges. |
Costs and Attorneys’ Fees | Will vary under circumstances. |
Supplier Testing | Will vary. |
Audit Costs | All costs and expenses associated with the audit, reasonable accounting and legal costs. |
Indemnity | Will vary under circumstances. |
Reinspection Fee (License Agreement only) | An amount not to exceed $1,500. |
Securities Offering Fee | Under the Franchise Agreement, $7,500 or the franchisor’s actual expenses, whichever is more. |
Additional Training and Onsite Assistance | $350 per trainer per day, plus the franchisor’s per-diem charges and the franchisor’s out-of-pocket costs. |
Additional and Replacement Certified Manager Personnel Training | $1,600 under the Franchise Agreement, and $850 under the License Agreement, for each additional individual to be trained; The franchisor’s personnel's wages, per diem charges, and travel, hotel, and living expenses under the License Agreement. |
Renewal Fee | Franchise Agreement: 10% of the then-current initial franchise fee; License Agreement: 10% of the then-current initial license fee, or $1,250, whichever is more. |
Lost Future Royalties | Will vary, but is calculated based on the average of the franchisee’s monthly royalty fees for the previous 12 months, multiplied by the lesser of 36 or the number of months remaining in the Franchise Agreement. |
System Support Fees for Subscription-Based System | $500 - $1,100 per month. |
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