A51/100FDD 2025
Premier Pools & Spas / Pinnacle Pools & Spas — Litigation & Risk
Food & Beverage - Quick Service · FDD Items 3, 4 & 5
Elevated Risk
37 cases disclosed in FDD Items 3 and 4.
Source: FDD Items 3–5
FDD Items 3 & 4
Litigation Metrics
Cases disclosed
37
Total from FDD Items 3 and 4
Bankruptcy (Item 4)
—
Franchisor or officer bankruptcy
Overall risk score
51 / 100
FranchiseVerdict composite
Rating
STRONG
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
16
Government-backed loans issued
Default rate
0.0%
vs <3% typical · system-wide
5-yr default rate
—
Defaults
0 loans
Loans charged off or defaulted
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
Tennessee
State whose law governs disputes — relevant if you're not based there
What drove the 51/100 rating
Risk Score Breakdown
- 01MINORDeclining unit count (-0.8% YoY) indicates system contraction and potential franchisee dissatisfaction
- 02HIGHMultiple active litigations including NY Attorney General investigation for unregistered sales suggests regulatory and compliance violations
- 03MEDNet income not disclosed despite $3.7M average revenue—likely indicates franchisees are unprofitable or marginally profitable
- 04MINORNo protected territory creates direct competition risk and cannibalizes franchisee revenue
- 05HIGHGoing concern status is FALSE, indicating potential financial distress at corporate level
- 06MEDEscalating royalty rates (3.5% to 4%) coupled with undisclosed profitability suggests aggressive fee extraction from struggling franchisees
- 07HIGHCopyright infringement and fraud allegations raise questions about corporate integrity and operational practices
- 08MINORHigh initial investment ($45K-$119K) with declining unit growth suggests poor ROI and franchisee exit velocity
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.