Franchising Since: 1982
Headquarters: Salt Lake City, Utah
Estimated Number of Units: 170
Franchise Description: The franchisor is TCBY Systems, LLC. The ultimate parent company is Famous Brands International, LLC. TCBY franchises offer products approved or required by the franchisor from time to time, including premium soft serve frozen yogurt, hand-dipped frozen yogurt and other frozen and non-frozen dessert and treat items, such as cakes and pies, sorbet, smoothies, fresh yogurt, mix-ins, toppings, chocolate, dried fruit, nuts, candies, popcorns and drinks. The franchisor offers franchises to own and operate TCBY-branded retail outlets in two different formats: a store and a kiosk.
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Territory Granted: Franchisees may not operate their store at any site other than the designated premises without the franchisor’s prior written consent. 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. Franchisees receive no minimum territory, and franchisees must obtain the franchisor’s approval of the location of the store.
Obligations and Restrictions: The franchisor recommends that franchisees participate personally in the direct operation of their store, although the Franchise Agreement does not specifically obligate them to do so. However, franchisees must either manage the store themselves or use a full time “on premises” manager. The manager need not have an equity interest in the franchisee entity to act as manager. Both the franchisee (or one of the entity owners, if franchisees are an entity) and the manager of the store must be certified by the franchisor as having completed all phases of the training program to its satisfaction and must participate in all other activities required to open the store. If franchisees are an entity, each entity owner must guarantee the obligations under the Franchise Agreement. The franchisor also will require the entity owner’s spouse(s) to sign the guaranty. In operating the store or machine, franchisees must use and offer for sale all of, and only, the approved products and any other products or services that the franchisor mandates or approves from time to time for them to sell at the premises.
Term of Agreement and Renewal: The length of the initial franchise term is 10 years from the date the Franchise Agreement is fully executed. Franchisees may renew for one additional 10-year term, subject to conditions.
Financial Assistance: The franchisor does not offer direct or indirect financing. The franchisor does not guarantee a franchisee’s note, lease or any other obligation. The initial franchise fee is reduced to $25,000 if franchisees are an honorably discharged veteran of the United States military or if they are an existing franchisee. The franchisor also offers a first responders discount of 20% off the initial franchise fee for law enforcement officers, firefighters, and emergency medical technicians who have at least 10 years of experience.
Estimated Initial Investment
Store
| Name of Fee | Low | High |
| Initial Franchise Fee | $35,000 | $35,000 |
| Travel and Living Expenses While Training | $2,000 | $3,000 |
| Real Estate Lease | Varies | |
| Equipment | $238,000 | $278,617 |
| Improvements | $180,130 | $322,300 |
| Opening Product and Soft Goods Inventory | $1,500 | $10,000 |
| Grand Opening Promotion (if opening a new store) | $10,000 | $10,000 |
| Local Store Marketing | $2,000 | $2,000 |
| Deposits and Other and Prepaid Expenses | $4,000 | $5,000 |
| Professional Fees | $3,000 | $10,000 |
| Insurance (3 months) | $2,500 | $3,500 |
| Computer Hardware and Software | $1,500 | $8,050 |
| Additional Funds (3 months) | $8,000 | $12,000 |
| ESTIMATED TOTAL | $487,630 | $699,467 |
Kiosk
| Name of Fee | Low | High |
| Initial Franchise Fee | $35,000 | $35,000 |
| Travel and Living Expenses While Training | $2,000 | $3,000 |
| Real Estate Lease | Varies | |
| Equipment | $41,200 | $101,500 |
| Improvements | $21,200 | $88,200 |
| Opening Product and Soft Goods Inventory | $5,000 | $10,000 |
| Grand Opening Promotion (if opening a new store) | $10,000 | $10,000 |
| Local Store Marketing | $2,000 | $2,000 |
| Deposits and Other and Prepaid Expenses | $4,000 | $5,000 |
| Professional Fees | $3,000 | $10,000 |
| Insurance (3 months) | $2,500 | $3,500 |
| Computer Hardware and Software | $1,500 | $5,150 |
| Additional Funds (3 months) | $8,000 | $12,000 |
| ESTIMATED TOTAL | $135,400 | $285,350 |
Other Fees
| Type of Fee | Amount |
| Royalty Fees | 6% of gross revenue. |
| Brand Fund Contribution | 3% of gross revenue. |
| Local Store Marketing | Monthly minimum of $2,000, beginning at month 3 of operations and continuing for 9 months after opening. After the first year of operations, franchisees must spend a minimum of 2% of gross revenue or $1,000 per month, whichever is greater. |
| Technology Fee | None currently but may be charged in the future. |
| Training Fee | None currently but may be charged in the future. |
| Refresher/Additional Training | Then-current fees for such training, currently estimated at $500 per day per person plus travel expenses. |
| Computer System Compliance Fee | The greater of $500 per month, or the then current monthly rate of the software license. |
| Delinquent Opening Fee | $1,000 per month. |
| Late Payment Fee | $100 for each delinquent payment. |
| Late Reporting Fee | $100 for each delinquent report. |
| Interest Expenses | A rate equal to the lesser of the highest rate allowed under applicable law or 1.5% per month. |
| New Supplier Testing | The costs the franchisor incurs in evaluating a proposed supplier. |
| Advertising Cooperative | Not currently applicable. |
| Audit | Cost of financial audit. |
| Transfer Fee | 50% of then-current initial franchise fee for existing franchisees. |
| Renewal Fee | 20% of then-current initial franchise fee. |
| Interim Management Fees | 10% of gross revenues during the period of management. |
| Costs and Attorney’s Fees; Indemnification | Will vary under the circumstances. |
| Lost Revenue Damages | Will vary under the circumstances. |
| National Convention and Regional Meetings Fee | A reasonable fee for each of the attendees, although, currently, the franchisor does not charge this fee. |
| Fee for Failing to Attend Mandatory National Convention or Regional Meeting | A reasonable fee for the franchisee and each of their required representatives, although, currently, the franchisor does not charge this fee. |
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