Clause guide

FDD Item 19 Earnings Claims

Financial performance representations in the FDD, and how to read what the franchisor is and is not telling you.

High attentionFranchise (FDD)
Inkvex checks
  • Disclosure population (top quartile, all units, by age)
  • Use of average vs median vs range
  • Revenue, gross profit, or net profit
  • Geographic and time period scope
Next move

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Overview

What this clause actually does

FDD Item 19 is the only place in the FDD where the franchisor can make financial performance representations. Disclosure is voluntary: about 70% of franchisors include some Item 19, but the depth and methodology vary widely. What is excluded from the disclosure often matters more than what is included.

Why it matters

Why people get burned by this clause

Franchisees often base buy decisions on Item 19 numbers without understanding the disclosure population, geography, age, and exclusions. A median revenue figure that excludes the bottom quartile is useless for buy-decision math.

Red flags

What should make you slow down

  • Disclosure includes only top performers (cherry-picked subset)
  • Average rather than median (skewed by top performers)
  • Revenue without expense or profit data
  • No breakdown by location age (new units vs mature units)
  • Geographic limitation that excludes your market
Where it appears

Where you usually see it

  • Franchise Disclosure Document Item 19
Inkvex review

What the platform checks in the live contract

  • Disclosure population (top quartile, all units, by age)
  • Use of average vs median vs range
  • Revenue, gross profit, or net profit
  • Geographic and time period scope
  • Material assumptions and exclusions
Healthier version

What stronger language usually looks like

  • Median (not average) for entire population
  • Quartile breakdown
  • Revenue and net profit (not just revenue)
  • Breakdown by location age and geography
  • All material assumptions disclosed
The bottom line

Item 19 is voluntary disclosure. The structure of what is disclosed (and what is excluded) often tells you more than the headline numbers.

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