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D68/100FDD 2025

Pokeworks — Litigation & Risk

Food & Beverage - Full Service · FDD Items 3, 4 & 5

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Lower Risk

No litigation cases disclosed in FDD Items 3 and 4.

Source: FDD Items 3–5

FDD Items 3 & 4

Litigation Metrics

Cases disclosed
0
Total from FDD Items 3 and 4
Bankruptcy (Item 4)
Franchisor or officer bankruptcy
Overall risk score
68 / 100
FranchiseVerdict composite
Rating
CAUTION
STRONG / MODERATE / CAUTION / AVOID

7(a) FOIA data · FY2020–present

SBA Loan Performance

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

Total 7(a) loans
20
Government-backed loans issued
Default rate
22.2%
vs <3% typical · system-wide
5-yr default rate
Defaults
2 loans
Loans charged off or defaulted
Total loan volume
$7.1M
Avg loan size
$356K
Participating lenders
10

FDD Items 5, 6 & 17 — what you give up

Contract Risk Indicators

Mandatory arbitration
Required
Disputes resolved outside court — limits your legal options
Jury trial waiver
Waived
You give up the right to a jury trial
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
Delaware
State whose law governs disputes — relevant if you're not based there

What drove the 68/100 rating

Risk Score Breakdown

  1. 01HIGHGoing Concern status indicates franchisor financial distress or operational instability
  2. 02MEDStagnant unit growth (1.7% YoY) suggests market saturation, franchisee struggles, or brand decline
  3. 03MEDNet income not disclosed in Item 19 prevents ROI validation despite $979K average revenue
  4. 04MINORHigh investment ceiling ($609K) with 6% royalty requires $58.7K annual revenue just to break even on royalties
  5. 05MINORSmall system size (67 units) limits brand recognition and purchasing power advantages
  6. 06MINORNo disclosure of franchisee failure/turnover rates despite slow growth

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.