Franchising Since: 1987
Headquarters: Manasquan, New Jersey
Estimated Number of Units: 3,000
Franchise Description: The franchisor is A Sub Above, LLC. The franchisor is a subsidiary of Jersey Mike’s Franchise Systems, Inc. (JMFS). The franchisor offers franchises for the establishment, development and operation of restaurant facilities for the on-premises and off-premises consumption of a wide assortment of made-to-order submarine type sandwiches, other sandwiches and related food products and beverages.
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Territory Granted: Franchisees are granted the right to operate a franchised restaurant at a specific location (“designated area”) described in the Franchise Agreement. As long as the Franchise Agreement is in effect and franchisees are not in default, the franchisor and its affiliates will not enfranchise or operate a company-owned or franchised Jersey Mike’s restaurant, within the franchisee’s designated area as assigned in the Franchise Agreement, with the following exception: The franchisor reserves the right to place company-owned or franchised restaurants at “non-traditional venues,” such as airports, casinos, arenas, hospitals, hotels, malls, military installations, national parks, schools, stadiums and theme parks, within the designated area. The designated area typically comprises a 0.5 to 1 mile radius from the front door of the franchised restaurant. At the franchisor’s sole discretion, the designated area could be smaller if there is a densely populated urban area, a readily definable market area like a resort or boardwalk, a specific facility (stadium, hospital, airport, casino, etc.) or a natural boundary like a body of water, bridge or expressway. Franchisees will not receive an exclusive territory.
Obligations and Restrictions: The Jersey Mike’s franchised restaurant is to be at all times under the direct on-premises supervision of the controlling principal, or a competent employee acting as full-time manager or shift supervisor who has satisfactorily completed the franchisor’s initial training program and has been approved in writing by the franchisor. Franchisees, or the controlling principal (if the franchisee is operating as a business entity), or a manager whom the franchisee has designated and the franchisor has approved, must devote full-time energy and best efforts to the management and operation of the franchised restaurant, unless otherwise approved in writing by the franchisor. Franchisees will offer for sale, use and provide at the franchised restaurant all types of sandwiches and other categories of food products that the franchisor authorizes. Franchisees are prohibited from offering for sale, selling or providing at the franchised restaurant or the premises any other category of products and from using the premises for any purpose other than the operation of a franchised restaurant. Franchisees are prohibited from installing or maintaining on the premises any food racks or other sales and promotional items and materials not authorized by the franchisor, and they are prohibited from installing or maintaining newspaper racks, juke boxes, gum machines, games, rides, vending machines or other similar devices on the premises.
Term of Agreement and Renewal: The length of the initial franchise term is 10 years from the date the Franchise Agreement is signed. If franchisees have complied with all the provisions in the Franchise Agreement, they can renew for one additional term of 10 years.
Financial Assistance: In most cases, the franchisor does not offer direct or indirect financing and does not guarantee a franchisee’s note, lease or obligation. However, as part of the Coach Rod Smith Program, JMFS will provide participants with loans to pay for the capital costs associated with the development of the restaurants. The total amount of financing will vary by location. Candidates for the Coach Rod Smith Program will be managers of existing Jersey Mike’s restaurants nominated by senior management of JMFS. Not all nominees will be granted the right to participate in the Coach Rod Smith Program. JMFS will select individuals in its sole discretion. If franchisees are selected by JMFS for the Coach Rod Smith Program, and they choose to participate, the repayment term for the financing will be five years.
Estimated Initial Investment
Name of Fee | Low | High |
Initial Franchise Fee | $18,500 | $18,500 |
Real Estate and Construction Fee | $5,000 | $5,000 |
Rent/Lease CAM/Taxes/Lease and Utility Security Deposits | $0 | $72,480 |
Architectural Fees | $1,050 | $33,142 |
Leasehold Improvements | $75,172 | $722,422 |
Equipment/Furniture/Small Wares | $31,627 | $207,546 |
Initial Inventory | $1,923 | $35,000 |
Insurance | $1,000 | $24,780 |
Training | $1,000 | $68,000 |
Grand Opening Advertising | $12,500 | $12,500 |
Exterior Signage | $1,121 | $40,073 |
Interior Branding/Graphics | $1,610 | $11,208 |
Uniforms, Office Equipment and Supplies, TVs/Stereo System/Security System | $900 | $65,507 |
POS System | $8,250 | $27,509 |
POS System Connection to Private Network | $4,500 | $4,500 |
POS License Fee | $2,000 | $4,000 |
Professional Fees (lawyer, accountant, etc.) | $250 | $21,425 |
Business Licenses and Permits | $500 | $25,000 |
Additional Funds for 3 Months | $15,000 | $15,000 |
ESTIMATED TOTAL | $181,903 | $1,413,592 |
Other Fees
Type of Fee | Amount |
Continuing Services and Royalty Fees | 6.5% of gross receipts for a standard franchise agreement. |
Grand Opening Advertising | $12,500; $5,000 for transfers or relocations. |
Real Estate and Construction Fee | $5,000 |
Corporate Advertising and Development Fund | Currently 1% of gross receipts. |
Cooperative Advertising | Currently not required. |
National Media Fund | 4% of gross receipts. |
Audit | Cost of audit plus interest on underpayment. |
Operation of the Franchised Restaurant in Case of Franchisee’s Default | $125 per hour, plus expenses. |
Late Fees | Highest applicable lawful rate for open account business credit, not to exceed 1.5% per month; 5% charge on late continuing services and royalty fee, and other amounts owed equal to higher of 5% of amount due or $25. |
Supplier/Supplies Approval | Reasonable cost of inspection and actual cost of test. |
General Contractor and Architect Approval | $5,000 each. |
Operation of the Franchised Restaurant in Case of the Franchisee’s Absence, Incapacity or Death | $125 per hour, plus expenses. Rate is subject to change. |
Monthly Software License Fee and Support Package for Point of Sales System, including all Currently Provided Software Programs, Licensing Fees, Software Upgrades, and Support Services (Help Desk) | Currently, $395/month. |
Secure Network Fee for Processing of Credit Cards and Transferring of Sales Data | Currently, $31.85/month. |
Back-Up Cellular Service | Currently, $30/month. |
Teamworx Software Fee | $53.50/month (if franchisees decide to use this software). |
Gift Card Program | $9.50/month. |
Third-Party Delivery Fee | $6.00 - $9.00 per delivery, varying based on delivery distance. |
Online-Ordering Fees | Currently, $0.2921 per transaction and 3.74% of the sale of each such transaction. |
Third-Party Order Fees | Currently, $0.2921 per third party transaction. |
Text Message Fees | Currently, $0.025 per text message. |
Transfer Fee | $5,000 to transfer the Franchise Agreement. |
Replacement Training | Up to $2,500. Rate is subject to change. |
Additional Assistance | $75 per hour, plus expenses. Rate is subject to change. |
Continuing Education | Franchisees must pay their expenses as well as their employees’ expenses in attending these programs. |
Maintenance | Cost of maintenance. |
Cost of Enforcement or Defense | All costs including attorneys’ fees. The franchisor’s in house counsel fee shall be charged at a rate of $300 per hour. |
Relocation Fee | $5,000 |
Bookkeeping/Accounting Fee | Currently, the fee is estimated to be $150 per week, but the fee is subject to change. |
Indemnification | All costs including attorneys’ fees. |
Liquidated Damages | Average monthly royalty and advertising fees for the 12 month period before termination multiplied by the lesser of 36 or the number of months remaining in Franchise Agreement. |
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