What are the requirements for franchise disclosure documents?

In Texas, the requirements for Franchise Disclosure Documents (FDDs) are set forth under Chapter 5 of the Texas Business Opportunity Act. The law outlines the requirements for information that must be disclosed to potential franchisees including, but not limited to, the history of the franchise, financial statements, and any litigation that the franchisor has been involved in over the past five years. Additionally, the franchisor must include a description of the franchise’s business plan, a copy of the franchise agreement, a list of the goods and services offered by the franchisor and any restrictions on those goods and services, information about the fees that the franchisee will pay, and the franchisor’s experience in the industry. Furthermore, the FDD must provide potential franchisees with a clear and concise description of the franchise’s financial performance for at least the past three years, including the number of outlets that a franchisor owns and operates. This information must also include the franchisor’s audited financial statements, its balance sheet, and a statement of any future plans for developing and expanding the franchise. The franchisor must also provide potential franchisees with any information concerning the legal structure, officers, directors, and management of the franchisor, as well as the names and contact information of current franchisees. This also includes a description of the franchisor’s management and operations, including how they are structured. Finally, the FDD must include a list of all of the fees that the franchisee will pay to the franchisor, including all start-up and ongoing fees. Additionally, the FDD must provide the franchisee with an estimate of the costs of starting the franchised business.

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