D75/100FDD 2026
Lxr — Litigation & Risk
Lodging - Hotels & Motels · FDD Items 3, 4 & 5
Elevated Risk
15 cases disclosed in FDD Items 3 and 4.
Source: FDD Items 3–5
FDD Items 3 & 4
Litigation Metrics
Cases disclosed
15
Total from FDD Items 3 and 4
Bankruptcy (Item 4)
—
Franchisor or officer bankruptcy
Overall risk score
75 / 100
FranchiseVerdict composite
Rating
CAUTION
STRONG / MODERATE / CAUTION / AVOID
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
Waived
You give up the right to a jury trial
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
New York
State whose law governs disputes — relevant if you're not based there
What drove the 75/100 rating
Risk Score Breakdown
- 01HIGHGoing Concern status is FALSE — indicates potential financial instability or structural issues at corporate level
- 02HIGHMultiple active litigation vectors including pending breach of contract suits on brand standards, putative class action antitrust litigation on revenue management, and concluded deceptive trade practices cases suggest systemic operational and governance problems
- 03MINORZero financial disclosure (no average revenue, no net income data, no Item 19) prevents meaningful ROI analysis on a $5.47M investment
- 04MINOROnly 5 units operating with 25% YoY growth is an extremely small system — minimal operational support infrastructure and high corporate overhead risk per unit
- 05MINORNo territory protection exposes franchisees to direct brand competition and uncontrolled market saturation
- 06MINOR5% royalty on gross rooms revenue creates misaligned incentives — corporate profits regardless of franchisee profitability
- 07MINOR23-year term is unusually long without demonstrated unit economics or brand equity
- 08MINORHistorical Sherman Act violations indicate prior antitrust concerns that may recur
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.