Franchising Since: 2008
Headquarters: Denver, Colorado
Estimated Number of Units: 225
Franchise Description: The franchisor is Smashburger Franchising LLC. The franchisor’s parent company is Jollibee Foods Corporation. The franchise is for the right to establish and operate a Smashburger restaurant featuring hamburgers, sandwiches, salads, other food items and beverages. The franchisor may elect to grant franchisees a franchise for a single Smashburger restaurant but will primarily offer the right to enter into a Multi-Unit Development Agreement to acquire franchises for an agreed upon number of Smashburger restaurants within a specifically described geographic territory according to a development schedule.
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Territory Granted: The Franchise Agreement grants franchisees the right to operate a Smashburger restaurant at a single location that franchisees select, and the franchisor approves. 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 Multi-Unit Development Agreement grants franchisees the right to acquire franchises to develop, own and operate Smashburger restaurants within the designated development area that will be described in the Multi-Unit Development Agreement.
Obligations and Restrictions: If franchisees are an entity, they must identify a “managing owner” with at least a 25% ownership interest and voting power in the franchise. The franchisor may require approval of the managing owner. Franchisees (or the managing owner) are responsible for the management, direction and control of the restaurant, subject to the terms and conditions of the Franchise Agreement. Franchisees (or the managing owner) must supervise the management and operation of the restaurant and continuously exert their best efforts to promote and enhance the restaurant. Franchisees may elect not to supervise their restaurant on a full-time basis, provided that they appoint a manager who has completed the then-current initial training program to supervise operation of the restaurant. Franchisees agree that they (1) will offer and sell from their restaurant all of the products and services that the franchisor periodically specifies; (2) will not offer or sell at their restaurant, the premises or any other location any products or services the franchisor has not authorized; and (3) will discontinue selling and offering for sale any products or services that the franchisor disapproves of at any time. The franchisor may periodically set a maximum or minimum price that franchisees may charge for products and services offered by their restaurant.
Term of Agreement and Renewal: The length of the initial franchise term is 15 years. If franchisees meet the requirements, they may extend for one additional term of 15 years. For Multi-Unit Development Agreements, the term ends on the scheduled opening date of the last restaurant as specified in the development schedule. Franchisees have no right to renew their Multi-Unit Development Agreement without the franchisor’s approval.
Financial Assistance: The franchisor does not offer direct or indirect financing. The franchisor does not guarantee a franchisee’s promissory notes, mortgages, leases or other obligations.
Estimated Initial Investment
| Name of Fee | Low | High |
| Initial Fees | $40,000 | $40,000 |
| Leasehold Improvements | $710,000 | $1,257,000 |
| Furniture, Fixtures and Equipment | $264,000 | $458,000 |
| Signage | $25,000 | $57,000 |
| IT, POS System | $40,000 | $57,000 |
| Three Months’ Rent | $28,000 | $38,000 |
| Security Deposit, Business Licenses | $0 | $26,000 |
| Opening Inventory and Supplies | $20,000 | $28,000 |
| Training Expenses | $35,000 | $101,000 |
| Grand Opening Advertising | $10,000 | $15,000 |
| Grand Opening Training | $0 | $30,000 |
| Miscellaneous Opening Costs | $1,000 | $5,000 |
| Professional Fees | $5,000 | $15,000 |
| Insurance Premiums—3 months | $20,000 | $40,000 |
| Liquor Licensing | $10,000 | $21,000 |
| Lease Review Fee | $1,500 | $1,500 |
| Additional Funds – 3 months | $10,000 | $20,000 |
| ESTIMATED TOTAL | $1,239,500 | $2,255,500 |
Multi-Unit Development Agreement
| Name of Fee | Low | High |
| Development Fee for Multiple Restaurants – $20,000 times the number of Restaurants (excluding the 1st one) that the franchisee agrees to open. | $40,000 | $500,000 |
| TOTAL ESTIMATED INITIAL INVESTMENT | $40,000 | $500,000 |
Other Fees
| Type of Fee | Amount |
| Royalty | 5.5% of gross sales. |
| Proprietary Software Fee | The franchisor does not currently charge this fee. It estimates that this fee will range between $150 to $250 per month if implemented. |
| Marketing Fund | Currently 2.25% of gross sales, but up to 4% of gross sales. |
| Local Advertising Cooperative | Up to 3% of gross sales (currently this requirement is not imposed). |
| Local Advertising | Up to 3% of gross sales (currently this requirement is not imposed). |
| Interest on Late Payment | 2% per month or the maximum rate allowed by applicable state law, whichever is lower. $100 per returned check or ACH denied. |
| Transfer Fee – Franchise Agreement | $15,000 |
| Transfer Fee – Multi-Unit Development Agreement | The greater of 1% of the purchase price or $25,000. |
| Renewal Fee | 50% of then-current initial franchise fee. |
| Inspection Fee | Reimbursement of all inspection costs. |
| Audit Fee | Reimbursement of all audit costs. |
| Interim Operations Fee | 10% of gross sales plus costs and expenses. |
| Product or Supplier Testing | Variable (estimated to be between $0 to $250). |
| Additional Training | Then-current per diem charge (currently $250) plus the franchisor’s direct costs, including travel. |
| Insurance | If franchisees fail to obtain insurance, the franchisor may obtain insurance for them, and they must reimburse the franchisor for these amounts, plus the franchisor’s expenses. |
| Indemnification | Will vary under circumstances. |
| Costs and Attorneys’ Fees | Will vary under circumstances. |
| Music Fee | Currently ranges from $49.08 to $51.24 per month (plus applicable taxes, does not include set up fees). |
| Pest Control Services | Currently ranges from $73.69 per month plus applicable taxes. |
| Customer Survey and Mystery Shop Services | Currently $40 to $70 per month (subject to change). |
| Gift Card Service (including Aloha Command & Configuration Center) | Currently $4.75 per day (subject to change). |
| 3rd Party Gift Card Fee | Currently ranges from 14.8% to 30.64% of 3rd party gift cards that are redeemed at the restaurant. |
| Loyalty Program | The franchisor does not currently charge this fee. The franchisor estimates that this fee will be $75 per month if implemented. |
| Non-Compliance Charge | Up to $1,000 per failure to comply with the Franchise Agreement (at the franchisor’s discretion). |
| Development Late Fee – Multi Unit Development Agreement | $800 per month behind schedule. |
| Digital Menu Board Service Fee | Currently $39 per month. |
| Printed Manual | Then-current charge (currently, the franchisor’s direct out of pocket costs). |
| Online Presence Maintenance Fee | Then-current charge (currently, not charged). |
| Tax Reimbursement | Franchisees must reimburse the franchisor’s expenses. |
| Deficiency Correction | The franchisor’s direct out-of-pocket costs. |
| Appraisal Fees | Direct out-of-pocket costs (shared equally). |
| Lost Revenue Damages | Will vary under circumstances. |
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