D75/100FDD 2025
Tomaso’s — Litigation & Risk
Food & Beverage - Pizza · FDD Items 3, 4 & 5
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
75 / 100
FranchiseVerdict composite
Rating
CAUTION
STRONG / MODERATE / CAUTION / AVOID
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
Franchisor can compete
No
Right of first refusal
Yes
Franchisor can match any purchase offer when you try to sell
Governing law
Wisconsin
State whose law governs disputes — relevant if you're not based there
What drove the 75/100 rating
Risk Score Breakdown
- 01MINOROnly 1 unit in system with unknown growth trajectory suggests failed or pre-launch franchise model
- 02MINORNo Item 19 (Average Revenue/Net Income) disclosure eliminates ability to project ROI on $145k-$319k investment
- 03HIGHGoing Concern status is FALSE, indicating potential financial instability or recent restructuring of franchisor
- 04MINORHybrid royalty structure ($125/week minimum) punishes low-revenue locations and suggests franchisor cash flow concerns
- 05MINOR10-year term locks franchisee into relationship with unproven single-unit system
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.