Franchising Since: 2000
Headquarters: Whitewater, Wisconsin
Estimated Number of Units: 70
Franchise Description: Toppers Pizza, LLC is the franchisor. Franchisees operate a Toppers Pizza restaurant that offers on-premises, carry-out and delivery of pizza, breadsticks, and other related premium food and beverage products. The franchisor also offers area development opportunities in select markets.
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Territory Granted: The franchisor will not operate, or franchise or license others to operate, a Toppers Pizza restaurant located within the franchisee’s “protected area.” In general, the protected area is that area within a circle with a 1/2-mile radius having the restaurant’s location at its center, assuming there are at least 30,000 households located within such area. If there are fewer than 30,000 households in such area at the time franchisees sign the Franchise Agreement, then the radius of the circle will be extended by 1/8-mile increments until there are either (i) 30,000 households in the area, or the area has a radius of 1 mile. The franchisor will establish a “delivery area” for franchisees, outside of which they may not offer delivery service. The franchisor will have the right to adjust, modify, and change the boundaries of the delivery area to account for changing market conditions, population changes and other relevant considerations such as the existence of non-traditional venues.
Obligations and Restrictions: If franchisees operate a single restaurant, one of their principals with at least a 10% ownership interest in the franchise must personally manage and supervise the operation of the Toppers Pizza restaurant. This principal will be designated the “managing partner.” The managing partner must have successfully completed the initial management training program. The managing partner must devote his or her full time and best efforts to the management of the restaurant. The franchisor must approve all goods and services that franchisees offer for sale. Franchisees are required to offer certain goods and services, which will be specified in the operations manual and are subject to change. Franchisees are only authorized to sell goods and services approved by the franchisor.
Term of Agreement and Renewal: The length of initial franchise term is 10 years. Franchisees may renew, if they are in good standing, for up to two additional five-year terms.
Financial Assistance: The franchisor currently provides financing to franchisees that qualify for the sponsorship program for its $15,000 reduced initial franchise fee and an amount that it determines, based on the franchisee’s need, up to $100,000 toward their initial investment in the restaurant. Except as described, 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 Franchise Fee | $30,000 | $30,000 |
| Travel & Living Expenses for Initial Training | $3,000 | $17,000 |
| Travel & Living Expenses for the Franchisor’s Training Team | $1,000 | $15,000 |
| Equipment & Smallwares | $125,000 | $155,000 |
| Construction & Leasehold Improvements | $266,400 | $296,785 |
| Indoor & Outdoor Signage | $7,500 | $11,000 |
| Pre-opening Salaries & Payroll | $4,500 | $11,000 |
| Pre-opening Rent | $0 | $12,000 |
| Utility & Insurance Deposits | $2,000 | $6,000 |
| Initial Marketing Program | $4,000 | $13,000 |
| Opening Inventory | $6,000 | $11,000 |
| Architectural Fees | $13,000 | $20,000 |
| Permits and Professional Fees | $2,100 | $4,500 |
| POS System Hardware | $16,000 | $18,000 |
| POS System Software Licenses | $2,500 | $2,500 |
| POS System Installation | $2,000 | $5,000 |
| Project Management | $0 | $7,500 |
| Opening Extension Fee | $0 | $5,000 |
| Additional Funds | $25,000 | $50,000 |
| ESTIMATED TOTAL | $510,000 | $690,285 |
Other Fees
| Type of Fee | Amount |
| Continuing Royalty | 5.5% of gross sales. |
| Brand Development Fund Fee | Currently 3.0% of gross sales. |
| Additional Investor-Owner Training | $300 to $500 per day for each trainee, plus travel and living expenses. |
| Additional Initial Training | $300 to $500 per day for each trainee, plus travel and living expenses. |
| Initial On-Site Training, Marketing, and Opening Support | Actual travel and living expenses for the franchisor’s training personnel sent to the restaurant. |
| Additional On-Site Training | $300 to $500 per day, plus actual travel and living expenses incurred by the trainers the franchisor sends. |
| Optional Supplementary Training | Training fee to be established, and all travel and living expenses. |
| Relocation Review Fee | $1,500 |
| Transfer Fee | $10,000 if the proposed transfer is to a new franchisee who is not currently operating a Toppers Pizza restaurant; otherwise, $5,000 if the proposed transfer is to a franchisee who is currently operating a Toppers Pizza restaurant. |
| Interest | 18% per year or the highest commercial lending rate that the law allows on amounts owed to the franchisor or to its affiliates that are considered delinquent. |
| Audit Costs and Interest | Cost of audit plus a percentage of interest on underpayments. |
| Testing and Evaluation Fee | The then-current fee. (Currently, the fee will not exceed the actual cost of the test.) |
| Contributions to a Cooperative | Not currently charged. |
| Technology Fee | Currently, 2% of the online gross sales. The franchisor may increase the technology fee to a maximum of 2.5% of the online gross sales. |
| POS System Fees | Currently, $208.33 per month. |
| Inspection | The greater of $500 or the actual cost of re-inspection if the franchisee fails an inspection. |
| Quality and Service Training | Currently $300 to $500 per person, plus travel and living expenses. |
| Additional Printed Materials | Cost of any printed materials ordered on the franchisee’s behalf plus delivery fees. The materials ordered on the franchisee’s behalf will typically cost between $100 and $200. |
| Costs and Attorneys' Fees | Will vary under circumstances. |
| Indemnification | Will vary under circumstances. |
| Insurance Premiums / Rent | Will vary under circumstances. |
| Damages | Will vary under circumstances. |
| Interim Operations | The direct out-of-pocket costs and expenses plus 10% of gross sales if the franchisor assumes interim operations due to their failure to comply with the Franchise Agreement. |
| Franchisor’s Cure of Franchisee’s Default | Will vary under circumstances. |
| Non-Compliance Fee | $100 per day of non-compliance. |
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