Franchising Since: 1987
Headquarters: Houston, Texas
Estimated Number of Units: 390
Franchise Description: Shipley Franchise Company LLC is the franchisor. A Shipley Do-Nuts franchisee will operate a retail shop specializing in the offer and sale of donuts, kolaches, coffee and specialty drinks prepared on-site and related products and services.
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Territory Granted: Franchisees may establish only one shop at a location which the franchisee selects and the franchisor approves. The franchisor will grant franchisees a protected territory equal to a one-mile radius around the shop location within which neither the franchisor nor any affiliate will operate or grant a franchise for a shop of the type franchised to the franchisee under the Franchise Agreement during the term thereof, except as provided by the franchisor.
Obligations and Restrictions: Franchisees must personally supervise the operation of the shop, unless the franchisor permits otherwise in writing, and devote the necessary time and best efforts for the proper and effective operation of the shop. The shop must have an “operating principal.” The operating principal must have complete decision making authority with regard to the shop and must have the authority to act on the franchisee’s behalf in all respects. If franchisees are an individual, then they must serve as operating principal. If the franchisee is a partnership comprised of multiple individuals and/or a business entity, then the franchisee must designate an individual who owns an interest in the franchise and shop to serve as serve as operating principal. Franchisees must at all times offer and sell all products, services and programs which the franchisor designates part of the system, unless franchisees are prohibited by local law or regulation from selling a product, service or program or the franchisor has granted them our advance written approval to exclude a product, service or program.
Term of Agreement and Renewal: The length of the initial franchise term is 10 years. Two consecutive renewal terms of five years each are available if franchisees comply with certain conditions to renewal.
Financial Assistance: The franchisor does not offer direct or indirect financing. The franchisor does not guarantee a franchisee’s note, lease or obligation.
Estimated Initial Investment
| Name of Fee | Low | High |
| Initial Franchise Fee | $40,000 | $40,000 |
| Travel and Living Expenses While Training | $1,000 | $10,000 |
| Lease Deposits / Payments | $8,400 | $20,000 |
| Equipment, Furnishings, Technology and Computer Systems, including POS System | $133,952 | $230,532 |
| Leasehold Improvements | $218,887 | $510,692 |
| Signage | $15,329 | $64,920 |
| Opening Inventory – Food Items | $20,000 | $30,000 |
| Opening Inventory – Non-Food Items | $1,500 | $3,000 |
| Grand Opening Advertising Campaign | $20,000 | $20,000 |
| Utility and Other Security Deposits | $2,500 | $5,500 |
| Insurance | $1,000 | $2,000 |
| Architectural / Legal | $14,893 | $44,802 |
| Business Licenses / Permits | $1,000 | $3,500 |
| Additional Funds / Working Capital - 3 Months | $25,000 | $40,000 |
| ESTIMATED TOTAL | $503,461 | $1,024,946 |
Other Fees
| Type of Fee | Amount |
| Royalty Fee | 5% of previous week's gross sales. |
| System Brand Fund Fee | 1% of previous week's gross sales. |
| Regional Advertising Cooperative Contribution | 1% of gross sales. |
| Required Minimum Expenditure for Local Advertising and Promotion | 2% of gross sales. |
| Technology Fee | Currently, $0. |
| Insufficient Funds Fee | $50 per occurrence, subject to state law. |
| Late Payment Fee | 20% on overdue amounts, subject to state law. |
| Interest | 1.5% per month, or the maximum interest rate permitted by law. |
| Non-Compliance Fee | $500 per instance of noncompliance, plus $500 for each week that such noncompliance remains uncured. |
| Relocation Fee | $10,000 plus the franchisor’s actual reasonable costs. |
| Delayed Opening Fee | $500 per week for each week the shop's opening date is delayed. |
| Financial Statement / Tax Return Late Fee | $50 per month. |
| Management Fee | Greater of (i) two times the compensation paid to the individual(s) assigned by the franchisor to operate the shop, or (ii) 10% of the shop's weekly gross sales, plus reimbursement of the franchisor’s actual expenses to manage and operate the shop. |
| Advertising and Promotional Materials Handling Fee | 10% of actual cost. |
| Franchisor Products and Services | Varies. |
| Audit Fee | Full cost of audit. |
| Renewal Fee | 25% of the then-current initial franchise fee. |
| Transfer Fee | 50% of the then-current initial franchise fee. |
| Training Fee | $2,000 per trainee. |
| Additional On-Site Training Fee | $2,000 per training representative per week, plus reimbursement for the franchisor’s actual expenses incurred in connection with additional on-site training. |
| Ongoing Training Fee | $2,000 per week per trainee. |
| Annual Franchisee Meeting Fee | $1,500 per attendee. |
| Insurance / Trade Account Fees | Reimbursement of the franchisor’s actual costs. |
| Brand Payment Programs | The then-current fees and costs charged by third-party vendors. |
| Loyalty Program | The then-current cost, currently: $110 per month per shop. |
| Cost of Enforcement or Defense | Reimbursement of the franchisor’s actual costs. |
| Liquidated Damages | Royalties for remainder of term, based on prior 12 months of royalties paid or owed. |
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