Franchising Since: 1983
Headquarters: Carmel, Indiana
Estimated Number of Units: 365
Franchise Description: The franchisor is Wild Birds Unlimited, Inc. A Wild Birds Unlimited franchisee operates a retail store that sells birdfeeders, birdseed and nature-related gifts. Franchisees and their staff need to be bird feeding hobbyists and nature enthusiasts, thoroughly trained in the hobby of backyard bird feeding. Franchisees must operate the store under the Wild Birds Unlimited system and in accordance with the franchisor’s specified standards. The system is characterized by distinctive product, layout and decor, all of which the franchisor may change. The store typically will have 1,200 to 1,700 square feet.
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Territory Granted: As long as franchisees are not in default of the Franchise Agreement, the franchisor will not establish or grant a franchise to establish other retail “brick and mortar” stores using its trademark or trade name that are geographically located within the designated territory. The size of the designated territory will range from a portion of a metropolitan statistical area in a heavily populated city to one or more counties in a rural area. 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.
Obligations and Restrictions: The store must be under the franchisee’s control and supervision, or the control and supervision of a designated manager who has successfully completed the initial training program. If franchisees are a legal entity, all general partners and all direct and indirect holders of an interest in the franchise exceeding 10% must sign a written agreement with the franchisor personally guaranteeing the performance of all of the obligations under the Franchise Agreement. The store may only offer for sale the types of bird feeders, bird seed and other nature-related products and services that meet the standards and specifications that the franchisor establishes, although franchisees are not required to obtain the franchisor’s approval for any specific suppliers of those products. Unless franchisees have received prior written consent and subject to any limitations under applicable law, they must operate the store at least 6 days per week, with one of those days being Saturday, and the store must be open for at least 48 hours per week (the recommendation is that the store is open 8 hours per day Monday through Saturday and 4 hours on Sundays for a total of 52 hours per week). Franchisees may not, without prior written consent, offer any types of products or services not related to the hobby of backyard bird feeding or gardening, nor may the store be used for any purpose other than the operation of a Wild Birds Unlimited store in compliance with the Franchise Agreement.
Term of Agreement and Renewal: The length of the initial franchise term is 10 years. Franchisees may renew the franchise for an unlimited number of additional five-year terms, if requirements are met.
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 |
Training | $5,000 | $5,000 |
Travel, Meals, Lodging | $500 | $6,000 |
Lease Deposit | $4,000 | $7,500 |
First Month’s Rent | $4,000 | $7,500 |
Leasehold Improvements | $26,981 | $105,778 |
Insurance | $1,500 | $4,000 |
Legal/Accounting | $750 | $7,000 |
Office Equipment | $12,946 | $14,464 |
Signs | $3,000 | $10,000 |
Advertising | $6,841 | $13,191 |
Retail Fixtures | $21,853 | $34,066 |
Opening Inventory | $39,750 | $48,745 |
Technology | $2,064 | $2,064 |
Misc. Expenses | $5,800 | $10,743 |
Additional Funds for First 3 Months | $51,616 | $62,926 |
ESTIMATED TOTAL | $226,601 | $378,977 |
Other Fees
Type of Fee | Amount |
Royalty | 4% of the store’s gross sales. |
Local Advertising Expenditure | A minimum of 2% of the store’s gross sales. |
Regional/Local Advertising Cooperative or Local Advertising Group | Maximum of 2% of the store’s gross sales. |
Wild Birds Unlimited Advertising Fund | 1% of the store’s gross sales. |
Assignment | 50% of the then-current initial franchise fee, plus a $5,000 training fee. |
Court Costs and Attorneys’ Fees | Actual costs; Will vary under circumstances. |
Audit | Cost of audit, which will not exceed $5,000, plus interest on amount of overdue monies. |
Indemnification | Will vary under circumstances. |
Relocation of Store | A per diem fee (currently ranging from $43 to $67) to assist franchisees with site location, plus the franchisor’s out-of-pocket costs of assisting them, which includes the franchisor travel costs. |
Late Payment Charges | Late fee of $35 plus interest at an annual rate of 2% in excess of Prime Rate, as reported in the Wall Street Journal or the maximum amount allowed by state law. |
Monthly Marketing Activity Report Late Fee | Late fee of $25. |
Technology Fee | Currently $350 per month, which includes a $115 per month license fee for the use of the MyWBU program plus sales tax, if applicable. |
Annual Conference Fee | Registration fee to attend the Wild Birds Unlimited Annual Conference (currently $400). |
Daily Savings Club Customer Loyalty Program | Various expenditures for ongoing purchases of Daily Savings Club® customer applications, ranging from $0 to $100 per month. |
Customer Satisfaction Programs | Currently $0. |
Insurance Payment Default | The actual cost for insurance premiums and a reasonable fee (up to $500) for expenses the franchisor incurs. |
Gift Card Program Service Fees | Currently $0. |
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