The Franchisor is M&D Optical Franchise, LLC. We conduct business under the name and registered trademark My Eyelab® (the “My Eyelab® Mark”). We are a limited liability company organized in the State of Florida. Our principal business address is 3801 South Congress Avenue, Palm Springs, Florida, 33461. We do not intend to conduct business under any other name. We were formed in November 2015 for the sole purpose of offering My Eyelab® franchises and have no prior business experience. Our agent for service of process is Tara S. Pellegrino, Esq., General Counsel, whose business address is 3801 South Congress Avenue, Palm Springs, Florida 33461. We do not operate a business of the type being franchised, but some of our affiliates described below do. Our sole business activity is the offering for sale and sale of My Eyelab® franchises. We have not offered franchises in any other line of business. As of December 31, 2018, we had a total of 13 franchised My Eyelab® stores operating in three (3) states. The franchise offered involves the establishment and operation of an optical retail store and examination facility. Our system eliminates the need for an on-site laboratory, instead allowing our franchisees to use our affiliate's lab for customized orders, thereby significantly reducing startup and operational costs. We also offer tele-consulting as a means to consult the optometrist rather than employing an optometrist at the franchised location, through the proprietary platform we have established.1 My Eyelab® stores also offer for sale and sell distinctive eyewear, contact lenses, and other products. These features, along with other unique, distinctive, comprehensive, and proprietary standards, methods, procedures, equipment, signage, fixtures, furniture, décor inventory, and other specifications (hereinafter the “System”) for the establishment, development and operation of a My Eyelab® franchise are included in the business being offered.
Our affiliate Daniel, Max & Marc'Andrea, LLC has been operating one or more company-owned My Eyelab® stores since 2012, and operated 23 company-owned My Eyelab® stores as of December 31, 2018. Our following affiliates have each been operating “Stanton Optical” stores since the year referenced, and together operated a total of 86 Stanton Optical stores as of December 31, 2018: Vision Value, LLC (since 2006), Macarius and Daniel, LLC (since 2009), Macarius, Max & Daniel, LLC (since 2009), Macarius, Max & Daniel California, LLC (since 2010), and Daniel & Max, LLC (since 2011). Stanton Optical stores are retail optical stores and examination facilities that offer optical exams and optical goods and services similar to those offered by My Eyelab® stores (although some Stanton Optical stores have an in-store laboratory, which is not part of the My Eyelab® System). The principal business address of each of these affiliates is 3801 S. Congress Ave., Palm Springs, FL 33461.
The franchise offered involves the establishment and operation of an optical retail store and examination facility. Our system eliminates the need for an on-site laboratory, instead allowing our franchisees to use our affiliate's lab for customized orders, thereby significantly reducing startup and operational costs. We also offer tele-consulting as a means to consult the optometrist rather than employing an optometrist at the franchised location, through the proprietary platform we have established.1 My Eyelab® stores also offer for sale and sell distinctive eyewear, contact lenses, and other products. These features, along with other unique, distinctive, comprehensive, and proprietary standards, methods, procedures, equipment, signage, fixtures, furniture, décor inventory, and other specifications (hereinafter the “System”) for the establishment, development and operation of a My Eyelab® franchise are included in the business being offered.
You must pay to us an Initial Franchise Fee in a lump sum when you sign the Franchise Agreement. The Initial Franchise Fee is $34,900.00 for each My Eyelab® purchased. To those individuals who have served as active duty military members (U.S. Armed Forces and not discharged or released therefrom under dishonorable conditions) or first responders (police officers, EMTs, paramedics, and firefighters) for more than five years, we offer a ten percent (10%) discount off the initial franchise fee as an incentive. (Incentive programs are subject to change at our discretion.) A prospective franchisee shall pay a refundable deposit of $9,900.00 when submitting a franchise application to us for consideration. That deposit shall be credited against the initial franchise fee if a Franchise Agreement is awarded and signed, and will be returned if a Franchise Agreement is not awarded. You must also pay to us or our affiliates the following amounts for procuring the following items needed to establish your business before your business opens: i) equipment from $54,950 - $77,833; ii) signage, fixtures, furniture and décor from $91,177 - $92,294; iii) computer and point of sale system from $25,000 - $44,366 and iv) inventory to begin operation from $15,000 - $22,000. All initial fees and payments stated in this Item are nonrefundable, except for the deposit paid with the franchise application. If you enter into a Regional Area Development Agreement (“Development Agreement”) attached hereto as Exhibit B, you will pay an Initial Development Fee equal to the Initial Franchise Fee for your first My Eyelab® Franchise and one-half of the Initial Franchise Fee for each committed Unit beyond the first. These amounts will be credited against the Initial Franchise Fee for your first and subsequent Units. A minimum of three (3) committed locations is required for a Development Agreement. All other fees and expenses stated herein, including but not limited to Items 6 and 7, apply to each Unit opened and such costs should be presumed to increase over time. The time frame for opening the remaining committed Units will be included in Section 4 to the Development Agreement.
We do not have a program which offers direct or indirect financing to our franchisees. However, we may, on occasion, extend limited financing on a case-by-case basis, particularly if we permit a franchisee to purchase and take over a location that had been leased and built out to be an affiliate owned location. We do not guarantee your promissory note, lease or other obligations.
The FTC's Franchise Rule permits a franchisor to provide information about the actual or potential financial performance of its franchised and/or franchisor-owned or affiliate outlets, if there is a reasonable basis for the information, and if the information is included in the disclosure document. Financial performance information that differs from that included in Item 19 may be given only if: (1) a franchisor provides the actual records of an existing outlet you are considering buying; or (2) a franchisor supplements the information provided in this Item 19, for example, by providing information about possible performance at a particular location or under particular circumstances. Other than in this Item 19, we do not make any other representations about the past financial performance of affiliate owned or franchised outlets, or any other financial performance representations relating to your potential sales, revenue, profit or income in operating a My Eyelab® Store. We also do not authorize our employees or representatives to make any such representations either orally or in writing. If you are purchasing an existing outlet, however, we may provide you with the actual records of that outlet. If you receive any other financial performance information or projections of your future income, you should report it immediately to the Federal Trade Commission and our management by contacting M&D Optical Franchise, LLC, at 3801 South Congress Avenue, Palm Springs, FL 33461.