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FWeakest tier23/100FDD 2025

Gymboree Play & Music: Litigation & Risk

Education · FDD Items 3, 4 & 5

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Moderate: Review

1 case disclosed in FDD Items 3 and 4.

Source: FDD Items 3–5

FDD Items 3 & 4

Litigation Metrics

Cases disclosed
1
Total from FDD Items 3 and 4
Bankruptcy (Item 4)
None
Franchisor or officer bankruptcy
Verdict score
23 / 100
FranchiseVerdict composite · higher is better
Rating
F
A / B / C / D / F verdict grade

7(a) FOIA data · FY2020–present

SBA Loan Performance

Aggregated from public SBA 7(a) loan disclosures. Charge-off rate is the share of loans that were charged off or settled for less than the full balance.

Total 7(a) loans
18
Government-backed loans issued
Charge-off rate
13.3%
vs 16% franchise average
5-yr charge-off rate
0.0%
Defaults
2 loans
Loans charged off or defaulted
Total loan volume
$4.0M
Avg loan size
$224K
Participating lenders
11

FDD Items 5, 6 & 17: What You Give Up

Contract Risk Indicators

Mandatory arbitration
Not required
You retain the right to sue in court
Jury trial waiver
Not waived
Non-compete
2 yrs
Post-termination restriction on similar businesses
Franchisor can compete
Yes
Franchisor can open competing locations in or near your territory
Right of first refusal
Yes
Franchisor can match any purchase offer when you try to sell
Governing law
State where Center is located
State whose law governs disputes. Relevant if you're not based there

Extracted from FDD Item 3

Litigation Detail

GPPI, Inc. v. Mary Ann O'Neill et al. (E.D.N.Y. No. 22-cv-5167) — breach of contract, fraud, voidable transactions; default judgment of $765,920.13 entered in favor of GPPI in associated bankruptcy proceeding. GPPI is plaintiff/creditor.

What drove the 23/100 verdict

Risk Score Breakdown

  1. 01HIGHGoing Concern status is FALSE — franchisor financial viability is questioned
  2. 02MINORSystem declining sharply: 41 units with -9.1% YoY contraction indicates market rejection or operational failure
  3. 03MEDNo Item 19 (Average Unit Volume) disclosed — inability or unwillingness to share profitability data is a major transparency red flag
  4. 04HIGHActive litigation with $765,920 judgment against franchisee; franchisor pursuing collection through bankruptcy, suggesting cash flow desperation
  5. 05MEDWide investment range ($57K–$393K) with undisclosed net income creates opacity on actual ROI and unit economics
  6. 06MINOR6% royalty on gross receipts (not net) means franchisees pay fees even during losses; combined with declining unit count, suggests unit-level economics are deteriorating

Severity inferred from FDD text. Not a regulatory or legal classification

Litigation data from FDD Items 3, 4, and 5. SBA data from public 7(a) FOIA records (FY2020–present). Not legal advice. Consult a franchise attorney before signing any franchise agreement.