Clause guide

FDD Item 19 Earnings Claims

How fdd item 19 financial performance representation allocates risk, which wording controls, and what to verify in the signed agreement.

High attentionFranchise (FDD)
Inkvex checks
  • What written financial performance representation is made, if any?
  • Which outlet population, period, exclusions, assumptions, and substantiation support it?
  • How do Item 20 outlet data and independent franchisee interviews test comparability?
Next move

If this clause already feels aggressive in isolation, upload the full contract and see how it combines with payment terms, liabilities, and exit rights.

Analyze My Contract
Example clause for illustration only. Not legal advice.
This Item 19 presents historical results for the stated outlet population and measurement period. The accompanying tables, notes, assumptions, exclusions, and written substantiation define the scope of the representation.
Overview

What this clause actually does

FDD Item 19 contains any financial performance representation the franchisor chooses to make under the FTC Franchise Rule. If a representation is made, the rule requires a reasonable basis, written substantiation, prescribed disclosures, and availability of the supporting material on request. A franchisor may also state that it does not make a financial performance representation. Do not infer a prevalence rate without a current, defined study, and do not project a disclosed cohort onto a proposed outlet without examining population, exclusions, time period, and assumptions.

Why it matters

Why people get burned by this clause

FDD Item 19 financial performance representation can change economics, timing, control, or remedies. Its effect turns on the signed wording, related sections, transaction facts, and applicable law; a market label or isolated sentence does not settle the result.

Red flags

What should make you slow down

  • The document does not clearly answer: What written financial performance representation is made, if any?
  • The document does not clearly answer: Which outlet population, period, exclusions, assumptions, and substantiation support it?
  • The document does not clearly answer: How do Item 20 outlet data and independent franchisee interviews test comparability?
Where it appears

Where you usually see it

  • Franchise Disclosure Document Item 19
  • Written substantiation supporting an Item 19 representation
  • Permitted written location-specific or circumstance-specific supplements
  • Records for a specific existing outlet offered for sale
Inkvex review

What the platform checks in the live contract

  • What written financial performance representation is made, if any?
  • Which outlet population, period, exclusions, assumptions, and substantiation support it?
  • How do Item 20 outlet data and independent franchisee interviews test comparability?
Review questions

What to test against your deal

  • Confirm in the document: What written financial performance representation is made, if any?
  • Confirm in the document: Which outlet population, period, exclusions, assumptions, and substantiation support it?
  • Confirm in the document: How do Item 20 outlet data and independent franchisee interviews test comparability?
Related reading

Articles that go deeper

FDD Item 19 Financial Performance Representations Explained
Item 19 is the Franchise Rule section for financial performance representations. Test the stated basis, population, period, assumptions, and written substantiation.
Primary sources

Verify the rule before relying on the summary

eCFR, 16 CFR 436.5(s), Item 19Primary material for the federal rule summarized on this page; transaction-specific effect still depends on the document and applicable law.
FAQ

Common questions about this clause

What controls the effect of fdd item 19 financial performance representation?

The signed wording, definitions, exceptions, related provisions, governing law, and the transaction facts. Review the clause in that full context rather than relying on a general benchmark.

What should I verify in fdd item 19 financial performance representation?

What written financial performance representation is made, if any? Which outlet population, period, exclusions, assumptions, and substantiation support it? How do Item 20 outlet data and independent franchisee interviews test comparability?

The bottom line

Treat fdd item 19 financial performance representation as a document-specific allocation of risk. Identify the trigger, scope, exceptions, procedure, and consequence, then verify consequential legal conclusions for the governing jurisdiction.

Use the clause in context

See how this clause behaves in the real contract.

The clause library gives you a starting point. Document analysis can surface relevant language, show related sections, and organize risk signals and follow-up questions for review against the source file.

Surfaces relevant clause language with document context
Flags one-sided language, not just keywords
Organizes issues and follow-up questions for review
Links back to glossary, pricing, and workflow pages when you need more context
← Back to the clause library