FDD & Legal

FDD Item 6 (Other Fees)

Also known as:Item 6Recurring Fees Disclosure
Definition

The FDD section that discloses every recurring or contingent fee a franchisee will or might pay during the franchise relationship — royalties, brand fund, technology, transfer, audit, late fees, and more.

What it means in practice

Item 6 is a required-format table that itemizes every recurring or contingent payment from franchisee to franchisor across the life of the relationship. The most prominent line is the royalty (typically 4-12% of gross revenue depending on sector). Other common entries: brand marketing fund contribution (1-4%), technology fees ($200-$500/month), transfer fees ($5,000-$10,000), renewal fees, late payment fees, and audit fees.

If a fee isn't disclosed in Item 6, the franchisor cannot legally charge it. Adding a fee mid-FDD-cycle requires a formal amendment, which is expensive and signals disorganization to candidates and regulators.

Item 6 footnotes are critical. They specify how each fee is calculated, when it's payable, and any conditions that trigger contingent fees. Vague footnotes ("franchisee may be charged additional fees as the franchisor deems appropriate") are flagged by registration-state regulators and undermine candidate trust.

Regulatory citation16 CFR 436.5(f)
Talk through your specific situation

Have questions about FDD Item 6?

Thirty minutes with a franchise SME who's built systems for 30 years. We'll look at your specific situation and tell you what's realistic — without the pitch.

Book a 30-min strategy call

Related glossary terms

Read deeper