Franchising Since: 2019
Headquarters: Minneapolis, Minnesota
Estimated Number of Units: 15
Franchise Description: The franchisor is Tierra Encantada Franchising, LLC. Franchisees will operate an early childhood education franchise that provides a warm, Spanish-language immersion learning environment for children featuring fresh cooked, globally inspired meals, under the name “Tierra Encantada.”
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Territory Granted: The Franchise Agreement will specify the site that will be the approved location for the franchised center. The Franchise Agreement may also specify a protected territory. The size and scope of the territory will be contained in the Franchise Agreement and will be determined, in the franchisor’s sole discretion, during the site confirmation process based upon various factors such as (a) whether the approved location is an urban area or a suburban area; (b) the number of residents living in the area; and (c) the number of children living in the area; among other factors. Because each location is different, the territory for each franchised center will be different; however, each territory will generally contain a population of 50,000 people or more.
Obligations and Restrictions: Under the Franchise Agreement, franchisees (or, if franchisees are an entity, their operating principal) must be involved in the general oversight and management of the operations of the franchised center. If the operating principal or the center director fails to satisfactorily complete the initial training program or if the center director is no longer an employee, franchisees must designate a replacement operating principal or center director as soon as is practical, who is acceptable to the franchisor and who satisfactorily completes the training program. The operating principal must own at least a 10% beneficial interest in the franchised center. Franchisees or their operating principal must hold the required licenses and certifications for the center. Franchisees must not use the franchised center for any other business or operation or for any other purpose or activity at any time without first obtaining the franchisor’s prior written consent. Franchisees must keep the franchised center open and in normal operation for the minimum hours and days as the franchisor may specify. Franchisees must operate the franchised center in strict conformity with the methods, standards, and specifications as prescribed in the operations manual or in writing.
Term of Agreement and Renewal: The length of the initial franchise term is 10 years. One renewal term of 10 years is available, if requirements are met.
Financial Assistance: The franchisor does not offer direct or indirect financing. The franchisor does not guarantee a franchisee’s notes, leases or other obligations.
Estimated Initial Investment
Name of Fee | Low | High |
Initial Franchise Fee | $48,000 | $60,000 |
Professional Services | $53,277 | $99,446 |
Lease, Real Estate and Improvements | $776,505 | $2,468,936 |
Security, Fire, Video Surveillance, and Keycard Access System | $104,512 | $125,181 |
Outdoor Fence and Playground Area | $145,380 | $208,788 |
Interior and Exterior Signage | $49,960 | $57,253 |
Facility Furniture, Equipment, and Supplies | $178,140 | $267,609 |
Computer Equipment and Software | $3,490 | $4,414 |
Business Licenses and Certifications | $500 | $1,419 |
Insurance | $911 | $4,265 |
Initial and Grand Opening Training | $1,000 | $13,930 |
Opening Advertising/Marketing | $30,000 | $47,113 |
Additional Funds/Working Capital (Pre-Opening – First Three Months of Operation | $150,000 | $300,000 |
ESTIMATED TOTAL | $1,541,675 | $3,658,354 |
Other Fees
Type of Fee | Amount |
Royalty Fee | Greater of (i) 7% of gross sales or (ii) $500 per week. |
Advertising Fund Contribution | Currently 1% of gross sales. |
Minimum Local Advertising Obligation | Franchisees are required to spend a minimum of $2,000 per month on local advertising until their center is full. |
Advertising Cooperative Fees | Not applicable until there is an advertising cooperative in the franchisee’s region. Will not be more than the minimum local advertising obligation per annum and the franchisor will credit the expenditures to the advertising cooperative toward this requirement. |
Technology Fee | The then-current fee (currently, $79 per month). The fee may increase upon notice to franchisees. |
Accounting Services Fee | $500 |
Additional Assistance or Additional Training | $500 per day per person, plus expenses. |
Annual Convention Registration | The then-current registration fee, which will vary by program. |
Product/Supplier Testing Evaluation Costs | The greater of $500 or the reasonable costs incurred in evaluating the product and/or services. |
Transfer Fee | An amount equal to 50% of the then-current initial franchise fee if the franchised center is open and operating. If the center is not open and operating at the time of transfer, this amount will be 100% of the then-current initial franchise fee. |
Renewal Fee | $5,000 |
Relocation Fee | $1,000 provided that if the franchisor’s actual expenses exceed this amount, franchisees must pay the amount which exceeds the fee. |
Charges for Inspections and “Mystery Customer” Quality Control Evaluation | Will vary under circumstances. |
Late Fee and Interest on Overdue Payments | A late fee equal to 5% of the overdue amount, and interest equal to 1.5% per month (but not more than any maximum rate set by law). |
Dues and Assessments Imposed by a Franchisee Advisory Council | As determined by a franchisee advisory council (if established). Currently – none. |
Center Refurbishment | Will vary under circumstances. |
Audit Expenses | All costs and expenses associated with the audit, reasonable accounting and legal costs. |
Costs and Attorneys’ Fees | Will vary under circumstances. |
Standard Default Fee | Up to $250 per month per violation. |
Prohibited Product or Service Fine | $250 per day of use of unauthorized products or services. |
Failure to Provide Required Agreements | $250 per day of failure to provide. |
Additional Cure Expenses, Collection Costs, and Post Termination / Expiration Expenses | The franchisor’s cost and expense if it takes action to cure any default by franchisees under the Franchise Agreement, including costs of collection for unpaid amounts. |
Indemnification | Will vary under circumstances. |
Liquidated Damages | See FDD. |
Taxes | Amount of taxes. |
Late Crisis Notification Fee | $2,500 for each and every failure to notify plus $500 per day beginning on the second day. |
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