From the filings
Software purchasing at Modern Market Eatery is controlled at the headquarters level by a small executive team led by CEO Robert McColgan and COO Robin Robison. The brand operates 25 company-owned locations with no franchised units reported, and the most recent FDD does not mandate any specific technology systems. This creates a concentrated, 25-unit addressable market for vendors who can align with HQ priorities.
For software vendors selling into US franchise brands.
Live signals
Ongoing fee load
The recurring percentage of gross sales named in this filing, before rent, labour or any technology fee.
6%of gross sales (FY2024)
15% reference
Franchisor behaviours
29 requirements the franchisor states in this filing, each in its own words; 2 explicit no's; 3 questions the text does not settle, which is not a no.
Accounting
Must the franchisee use an accounting or bookkeeping system designated or approved by the franchisor?
YesItem 11
You must obtain the back-office software that we specify, including inventory management, on-line employee scheduling, payroll processing, accounting, payables, guest marketing, tips management, and other management and accounting software.
Does the franchisor have direct or independent electronic access to the franchisee's financial, sales or customer records?
YesItem 11
You must transmit data to us at the times we specify and give us independent access to your systems (and provide us with any user names and passwords necessary for that purpose).
Must the franchisee submit periodic financial statements (monthly, quarterly or annual) to the franchisor?
YesFranchise agreement
You must submit to us, at your expense, in the form we prescribe: 12.2.1 Within ten (10) days after the end of each month, a statement of operating performance of the Restaurant including total revenue, total sales per day part, and other revenue and information as specified in the Manual; 12.2.2 Within thirty (30)…
How the franchisor buys
Does the franchisor reserve the right to change designated suppliers or systems at any time?
YesItem 8
However, we reserve the right to designate
How much revenue did the franchisor and its affiliates earn from franchisee purchases in the last fiscal year?
0Item 8
In our last fiscal year, we and our affiliates did not receive any rebates or payments from approved suppliers Modern Market Eatery – 04/22 FDD 19 ACTIVE 682342171v5 on account of franchisee purchases or leases of required and approved items from those suppliers.
Does the franchisor or an affiliate receive rebates, commissions or other revenue from designated or approved suppliers?
YesItem 8
We may receive rebates or other consideration from suppliers with respect to their sales of products or services to you or other Modern Market Eatery franchisees, whether or not the product or service is presently mentioned in this Item.
Does the franchisor charge a fee to evaluate a proposed supplier?
YesItem 8
You may be required to pay a fee, which will not exceed our reasonable costs incurred in evaluating the supplier, regardless of whether or not we approve the supplier.
Can a franchisee propose a new supplier for the franchisor's approval?
YesItem 8
If we require you to use an approved supplier for a particular item, but you wish to purchase the item from a supplier that we have not approved, you may submit a written request for approval of the supplier, unless it is an item for which we have designated a particular vendor as the source for the particular…
Communications
Does the franchisor own or control the business telephone numbers, or take them over when the agreement ends?
YesFranchise agreement
Upon the expiration, transfer or termination of this Agreement for any reason, you shall terminate your use of such numbers and listings and assign the numbers and listings to us or our designee, and, at our option, will execute the Conditional Assignment and Power of Attorney – Telephone and On-Line Numbers and…
Data and IT
Must the franchisee comply with PCI, data-security or cybersecurity standards set by the franchisor?
YesItem 11
You must comply with the then-current Payment Card Industry Data Security Standards (PCI/DSS), as those standards may be revised by the PCI Security Standards Council, LLC (see www.pcisecuritystandards.org) or successor organization.
Franchise management
Must the franchisee participate in a customer-satisfaction or net-promoter survey program?
YesFranchise agreement
You must comply fully with our quality assurance program.
Does the franchisor conduct periodic inspections, audits or evaluations of the franchised business?
YesItem 11
We will periodically inspect the Restaurant and its operations to assist your operations and ensure compliance with the System.
Can the franchisor change the operations manual and brand standards unilaterally?
YesItem 1
We have the right to change the Manual and the elements of the System at any time without consultation with you.
Must the franchisor approve the franchisee's site or location before opening?
YesItem 11
You must obtain our acceptance of a site and acquire a possessory or leasehold interest in the site for your Restaurant within 135 days after you sign the Franchise Agreement or we will have the right to terminate the Franchise Agreement.
Marketing
Is a minimum grand opening advertising spend required?
YesItem 11
You must spend at least $15,000 during the Grand Opening Marketing Period.
Is the franchisee required to spend a minimum amount on local advertising or marketing, as a percentage of sales or a fixed amount?
YesItem 11
If we require you to conduct such local advertising and marketing in your market area (“Local Store Marketing”) we may require you to spend an amount we determine, currently at least 1% of gross sales.
Must the franchisee participate in a customer loyalty or rewards program?
YesFranchise agreement
You must also participate in any “frequent guest” or guest loyalty programs that we prescribe from time to time.
Must the franchisee participate in a regional advertising cooperative when one exists?
YesItem 11
If a Cooperative is applicable to your Restaurant, you must become a member and begin contributing.
Operations
Must the franchisee buy products from a designated distributor?
YesItem 8
You must purchase your food and beverage items, ingredients, supplies, equipment, furnishings, smallwares, merchandise, promotional items, information technology services, credit card processing services, and other products and services that you purchase for operation of or sale in the Restaurant in accordance with…
Must equipment be purchased from designated or approved suppliers?
YesItem 8
You must purchase this equipment new from our approved vendor.
Payments
Must the franchisee use a payment processor or merchant-services provider designated or approved by the franchisor?
YesItem 8
Suppliers You must purchase your food and beverage items, ingredients, supplies, equipment, furnishings, smallwares, merchandise, promotional items, information technology services, credit card processing services, and other products and services that you purchase for operation of or sale in the Restaurant in…
Are royalties and other fees collected by automatic bank debit (ACH or electronic funds transfer) from the franchisee's account?
YesItem 6
You must furnish us and the bank with authorizations as necessary to permit us to make withdrawals from the Account by electronic funds transfer.
Must the franchisee participate in a gift card program?
YesItem 8
You must participate in programs we establish relating to gift cards, gift certificates, stored value cards, online or mobile coupons or credits, online or mobile ordering systems, and other electronic money programs.
People
Does the franchisor require minimum staffing levels or specific roles?
YesFranchise agreement
You agree to maintain a competent, conscientious, trained staff in numbers sufficient to promptly service guests, including specified positions and minimum staffing levels that we may establish in the Manual.
Must employees wear uniforms specified by the franchisor?
YesFranchise agreement
To promote a consistent image, you agree that you and your employees will comply with such dress code or standards as we may require, which may include use of branded (or other “uniform”) apparel, and otherwise identify themselves with the Proprietary Marks at all times in the manner we specify (whether in the Manual…
Point of sale
Must the franchisee use a specific point-of-sale system designated or approved by the franchisor?
YesItem 11
You must acquire and install in your Restaurant, at your own expense, the point of sale (POS) system hardware and software, back office computers and other computer equipment (including a computer, monitor, and printer and iPads), digital menu boards, communications devices, audio/visual equipment, and software…
Does the franchisor have independent access to the data in the franchisee's POS or computer system?
YesItem 11
You must transmit data to us at the times we specify and give us independent access to your systems (and provide us with any user names and passwords necessary for that purpose).
Training
Can the franchisor charge the franchisee for additional, refresher or remedial training?
YesFranchise agreement
6.6.2 We may charge you our then-current fee for training additional persons, newly- hired staff, refresher training, advanced training, and additional or special assistance or training you need or request.
Is attendance at an annual convention or conference mandatory for the franchisee?
YesFranchise agreement
Your Operating Principal and one other management person that we approve must attend a national business meeting, our Annual Conference or any other similar meetings, conferences, retreats, or conventions we require.
Who buys here
The decision-maker a vendor sells to at this scale, and the gaps they’re paid to close, derived from our data by segment and unit count, not a guess.
The franchisor's owner/CEO decides; an ops or franchise-development lead may evaluate.
Modern Market Eatery is a quick-service restaurant concept headquartered in Colorado, operating 25 company-owned locations. The brand reported an average unit volume (AUV) of $2,418,158 in its 2024 Franchise Disclosure Document. For software vendors, the addressable market is exactly those 25 units — no franchised locations exist yet, and year-over-year unit growth is not disclosed. The parent entity is ModMarket, LLC, and the brand’s ownership group includes members Bill Allen and Dustin Beck alongside the executive team.
The absence of franchised units means every technology decision flows through a single, centralized buyer: the corporate headquarters. This is a small but potentially high-value account for vendors offering operational, financial, or guest-experience platforms that can demonstrate ROI against a $2.4 million AUV baseline.
The 2024 FDD identifies Robert McColgan as Chief Executive Officer, Robin Robison as Chief Operating Officer, and Chris Cheek as Chief Development Officer. No chief information officer, chief technology officer, or VP of IT is listed. In a 25-unit, company-owned chain, software evaluation and purchasing authority likely sits with the CEO and COO, possibly with input from the development officer if the tool touches site selection, construction, or franchise sales infrastructure.
Vendors should prepare to engage McColgan or Robison directly. The organizational structure is lean, and there is no field-operator layer to navigate — no multi-unit operators are mapped in our corpus. This is a pure HQ sale.
The 2024 FDD does not mandate or recommend any specific technology systems. No POS provider, online ordering platform, loyalty vendor, payroll system, or back-office software is named. This is a blank-slate environment from a compliance standpoint. The brand may already use commercial tools, but those choices are not disclosed in the franchise disclosure document.
For a vendor, this means there is no incumbent protected by a franchise-wide mandate. The sales conversation starts with discovery: what does the HQ team currently use, and where do they feel pain? Given the AUV and the quick-service format, likely needs include kitchen display systems, inventory management, labor scheduling, and a digital ordering stack — but none of this is confirmed in the FDD.
Item 8 of the FDD, which typically outlines procurement restrictions and designated suppliers, did not yield an extract in our analysis. The brand’s procurement model — whether it requires purchases from specific vendors, maintains an approved-supplier list, or allows open purchasing — is not publicly disclosed. Vendors should assume they will need to justify their solution on merit and price without a mandated opening.
Franchise agreement renewals occur at the 10-year mark, provided the franchisor is still operating in the geographic market and the franchisee is in good standing. However, with no franchised units currently, renewal cycles are not a near-term trigger for software displacement. The more relevant timing signal is any HQ-led initiative — a new unit opening push, a brand refresh, or a leadership change — that could prompt a technology evaluation.
The 2024 FDD is embedded below. It is the primary source for the facts on this page: unit count, AUV, royalty rate (5%), initial term (10 years), executive names, and the absence of technology mandates. When reading, pay attention to Item 11 (franchisor’s obligations) and Item 8 (procurement restrictions) for any updates that may appear in future filings. The document is filed with state franchise regulators and represents the brand’s current legal disclosure to prospective franchisees — but for software vendors, it doubles as a concise buyer-intelligence brief.
For a ranked target list of franchise systems matched to your software category, FranCloud can help.
Questions vendors ask
Every number on this page traces back to this document. Read it in full, page by page. Buy the original PDF to download, search, and annotate it.
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FDD alert
We’ll email you the moment Modern Market Eatery files a new annual FDD, usually the freshest signal of a vendor change.
Operator footprint
1 operators run 1 mapped locations. 0 of them are multi-unit. Aggregate counts from the filing; no names.
Operators by units owned
Ownership
pe_firm of Butterfly Equity.
Sibling brands
Related Quick service restaurant brands
Primary franchise filings · updated June 2026. Every figure is source-traceable and QA-checked.