About Mister Softee Queens Franchise
Mister Softee is an iconic American soft serve ice cream franchise that has been a fixture of neighborhood streets and summer events for decades.
The brand is instantly recognizable by its signature jingle and brightly decorated ice cream trucks.
The Queens territory operates under Mister Softee Franchise, LLC and has been franchising since 2004, continuing the brand's tradition of bringing frozen treats directly to customers.
Mister Softee Queens Franchise Cost & Fees
| Fee Type | Amount | Notes |
|---|---|---|
| Initial Franchise Fee | $7,500 | One-time payment upon signing |
| Royalty Fee | $3,675 per year of gross sales | Ongoing; paid monthly |
| Marketing/Ad Fund | None | National brand fund |
| Total Investment Range | $241,500 – $287,000 | Includes build-out, inventory, working capital |
The investment range of $242K–$287K reflects variability in build-out costs, store size, lease terms, and market. The combined royalty ($3,675 per year) and marketing fee (None) are ongoing costs paid as a percentage of gross sales.
Investment Breakdown (Item 7)
| Item | Low | High |
|---|---|---|
| Initial Franchise Fee | $7,500 | $7,500 |
| Truck and Equipment | $208,000 | $238,000 |
| Inventory | $6,000 | $8,000 |
| Licenses and Professional Services | $1,500 | $3,000 |
| Prepaid Insurance Premium | $2,000 | $3,000 |
| Training Expenses | $1,500 | $2,500 |
| Additional Funds (3 Months) | $15,000 | $25,000 |
Additional Fees (Item 6)
| Fee Type | Amount |
|---|---|
| Transfer Fee | $1,000 |
| Renewal Fee | $500 |
| Technology Fee | None |
| Audit Fee | As invoiced |
| Interest; Audits; Reimbursement of Audit Costs; Accounting Fee of $500 per Month of Deficiency | As invoiced |
| Indemnification | Amount of judgment plus attorneys’ fees, costs |
| Truck and Equipment Sale Payments | Monthly Note payments; up to $25 per month contribution to maintenance fund |
| Supplier Approval Fee/ Expense | Reasonable testing costs. |
Training Program (Item 11)
| Detail | Information |
|---|---|
| Total Duration | 3 to 5 days |
| Classroom Training | 3 hours |
| On-the-Job Training | 30 hours |
| Training Location | MSQ’s headquarters in Bronx, New York or any other place as MSQ may designate |
| Additional Training | MSQ and/or Mister Softee may offer additional tuition-free training programs and/or refresher courses periodically. Franchisees and their employees must attend if required and pay for all related expenses including transportation, lodging, meals, and salaries. |
Territory Rights (Item 12)
| Detail | Information |
|---|---|
| Territory Type | Protected |
| Exclusive Territory | No |
| Territory Size | Minimum population of 20,000 persons |
| Description | Franchisees solicit business only within a defined territory, typically with a minimum population of 20,000 persons. Territorial protection applies solely to the operation of the Franchised Business (mobile units). MSQ and/or Mister Softee reserve the right to distribute products and services in the Territory through other channels (e.g., Internet, supermarkets, convenience stores, restaurants, rest areas) and may establish retail shops or engage in other business activities using the Proprietary Marks within the Territory without compensation to the franchisee. The Franchise Agreement does not prohibit MSQ or Mister Softee from operating similar or competitive businesses under different trademarks in the Territory. If only one truck is purchased, the Territory may be re-evaluated after two years based on a population of 20,000 persons per truck, potentially leading to a reduction in territory size if additional trucks are not purchased. Franchisees do not receive an exclusive territory and may face competition from other franchisees, company-owned outlets, or other distribution channels/competitive brands. No right of first refusal for additional franchises is granted. |
Renewal, Termination & Transfer (Item 17)
| Detail | Information |
|---|---|
| Initial Term | 10 years |
| Renewal Term | One 5-year renewal term |
| Renewal Fee | $500 |
| Renewal Conditions | To renew, the franchisee must provide written notice of intent to renew 3-6 months prior to expiration, ensure the vehicle and equipment conform to current specifications, not be in default of any agreement with MSQ/Mister Softee/affiliates, satisfy all monetary obligations, comply with all laws, sign MSQ’s then-current franchise agreement (which may have materially different terms and higher charges), comply with current qualification and training requirements, and sign a general release. The release will not be inconsistent with applicable state statutes regulating franchising. |
| Transfer Fee | $1,000 |
| Transfer Conditions | MSQ's prior written consent is required for any sale, transfer, assignment, or encumbrance of the franchisee's interest in the Agreement or Business. Conditions for approval include: full compliance with all agreements, execution of a general release (not inconsistent with state law), MSQ's receipt of the executed purchase agreement and supporting documents, satisfactory demonstration of the transferee's financial responsibility and completion of initial training, execution of MSQ's then-current franchise agreement, payment of a $1,000 transfer fee, and compliance with post-term covenants. Certain transfers of 49% or less interest in a legal entity are not subject to MSQ's right of first refusal. |
| Termination for Cause | MSQ can terminate the Agreement with a 15-day cure period for failure to perform or comply with terms. Termination without cure opportunity can occur for: failure to complete initial training, misrepresentation in franchise application, conviction of felony/criminal misconduct/fraud in business operation, material breach of other agreements with MSQ/Mister Softee/affiliates (if not cured within permitted period), misuse of Proprietary Marks/Copyrights/Confidential Information, health code violations/safety hazards, violation of in-term non-compete, bankruptcy proceedings (if not dismissed within 60 days), levy/writ of attachment/execution (if not released/bonded within 30 days), insolvency, abandonment of business (5+ consecutive days without prior approval), attempting unauthorized transfer, or receiving 2+ written notices of termination within any 12-month period (even if cured). |
| Non-Compete Period | During term and 2 years post-termination |
| Non-Compete Details | During the term of the Franchise Agreement, the franchisee and immediate family members, partners, shareholders, or members may not have any interest in any business primarily selling ice cream or other frozen confections, except for other valid Mister Softee franchises. For a 2-year period after termination or expiration of the franchise, the same restriction applies within the former Territory or any other System franchisee’s territory. Officers, directors, partners, shareholders, and members must also execute similar non-competition agreements. |
Operations & Supply (Items 8 & 15)
| Detail | Information |
|---|---|
| Owner-Operator Required | Yes |
| Participation Details | The franchisee (if an individual) or at least one principal (if a legal entity) must personally supervise the day-to-day operation of the Franchised Business. If a legal entity, all partners, shareholders, and members must personally guarantee and agree to be bound by the Franchise Agreement. Drivers must possess a valid driver's license of the required class. |
| Required Suppliers | You must purchase the truck and equipment from MSSM. You may purchase soft-serve ice cream mix and other consumable inventory only from MSQ, Mister Softee or other approved suppliers. You must purchase a minimum inventory of Proprietary Products from MSQ, Mister Softee, an affiliate, or approved or designated suppliers. |
| Supply Restrictions | Mister Softee may develop proprietary inventory items which may be identified by the Proprietary Marks or other marks (the “Proprietary Products”). You must purchase a minimum inventory of Proprietary Products, as Mister Softee sets forth in writing, from MSQ, Mister Softee, an affiliate, or approved or designated suppliers. If you wish to purchase any item for which Mister Softee has established approved suppliers, from an unapproved supplier, you must provide MSQ or Mister Softee with the name, address and telephone number of the proposed supplier, a description of the item(s) you wish to purchase, and the purchase price, if known. At MSQ or Mister Softee’s request, you must provide us or Mister Softee a sample of the supplier’s goods for testing. If we or Mister Softee incurs any costs in connection with evaluating a supplier at your request, you must reimburse us or Mister Softee its reasonable testing costs regardless of whether the supplier is subsequently approved. Mister Softee has the right to revoke its approval of any supplier that Mister Softee determines, in its sole discretion, no longer meets Mister Softee’s standards. Upon receipt of written notice of such revocation, you may not purchase from these suppliers. |
| Franchisor Revenue from Suppliers | During its most recent fiscal year ended December 31, 2023, Mister Softee did not derive any revenue in connection with franchisees’ required purchases. During the most recent fiscal year ended December 31, 2023, MSSM generated $3,558,468.33 from our franchisees’ required purchases. These franchisee purchases include amounts paid by franchisees in connection with franchise truck and equipment, as well as repairs and parts purchases. |
Financing (Item 10)
| Detail | Information |
|---|---|
| Financing Available | Yes |
| Description | MSSM offers financing for the purchase price of the truck and equipment, which ranges from $208,000 to $238,000 for a new equipped truck. If financing is elected, a minimum lump-sum payment of 20%-25% of the purchase price is due upon execution of the Truck and Equipment Sale Agreement. The remaining balance is covered by monthly installment payments over a seven-year period, subject to a ten percent (10%) interest rate per annum, with payments due on the 20th day of each month. There is no prepayment penalty. The Promissory Note includes a confession of judgment if default occurs, and late payments (more than 10 days late) incur finance charges of 1.75% of the outstanding balance monthly. The Note and Franchise Agreement have cross-default provisions. MSSM retains a security interest in the truck and equipment until the purchase price is paid in full. The Note is payable from April through September each year. MSSM may accelerate all payments upon uncured default and the franchisee is responsible for collection costs, including attorneys' fees. MSSM does not guarantee the franchisee's note, lease, or obligation, and neither MSQ nor its affiliates offer other financing arrangements. |
Mister Softee Queens Franchise Earnings — Item 19
Mister Softee Queens does not include an Item 19 financial performance representation in their FDD. Contact information for current and former franchisees is listed in Item 20 of the FDD.
Mister Softee Queens Litigation & Risk Flags
Litigation and bankruptcy data is sourced from Items 3 and 4 of the FDD. Always verify current status directly from the most recent FDD.
Mister Softee Queens System Growth
Mister Softee Queens currently operates 594 franchised locations and 0 company-owned units. Unit count data is sourced from Item 20 of the FDD.
Unit History (Item 20)
| Year | Opened | Closed | Total |
|---|---|---|---|
| 2021 | 21 | 47 | 585 |
| 2022 | 15 | 9 | 591 |
| 2023 | 23 | 20 | 594 |
Transfers: 27 | Closures: 76
State Registrations
Registered in 19 states: CA, FL, HI, IL, IN, KY, MD, MI, MN, NE, NY, ND, RI, SD, TX, UT, VA, WA, WI
Franchisor Financials (Item 21)
Audited by Haefele Flanagan for year ending December 31.
Mister Softee Queens Franchise — FAQ
Similar Food & Beverage Franchises
Interested in Mister Softee Queens?
Get free info on this franchise. We will send you a detailed FDD report by email.