factual

What geographic areas are covered by the non-competition agreement for a 360 Painting franchise?

360_Painting Franchise · 2025 FDD

Answer from 2025 FDD Document

(i) Non-Competition during Term. In addition to and not in limitation of any other restrictions on Franchisee contained herein, Franchisee and Franchisee's spouse, and, if Franchisee is not an individual, its shareholders, members, partners and managers, as applicable, and their spouses (each, a "Bound Party"), agree that they will not, during the term of this Agreement, directly or indirectly, for and on behalf of itself, himself, herself or any other person or entity, during the term of this Agreement, (a) have any direct or indirect interest as a disclosed or beneficial owner in a Competitive Business (as defined below) or (b) perform services as a director, officer, manager, employee, consultant, representative, agent, or otherwise for a Competitive Business which is located (i) within the Protected Territory, or (ii) within a radius of twenty (20) miles as the crow flies of the Protected Territory, or (iv) within a radius of twenty

  • (20) miles as the crow flies of any other 360 Painting Business or 360 Painting Business in development that has been assigned a protected; or (v) within the United States of America; or (vi) within the world.

  • (ii) Post-Term Non-Competition.

In addition to and not in limitation of any other restrictions on Franchisee contained herein, Franchisee and the Bound Parties agree that they will not, for two (2) years following the effective date of termination or expiration of this Agreement for any reason, or following the date of a Transfer by Franchisee, directly or indirectly, for and on behalf of itself, himself, herself or any other person or entity, (a) have any direct or indirect interest as a disclosed or beneficial owner in a Competitive Business or (b) perform services as a director, officer, manager, employee, consultant, representative, agent, or otherwise for a Competitive Business which is (i) located or operating within the Protected Territory; or (ii) within a radius of twenty (20) miles as the crow flies of the Protected Territory or (iii) located in or operating within twenty (20) miles of the primary office of any other existing 360 Painting Business or 360 Painting Business in development that has been assigned a protected territory.

  • (iii) Competitive Business.

For purposes of this Agreement, the term "Competitive Business" means any business operating, or granting franchises or licenses to others to operate, in any business which offers or sells painting, decorating and wall finishing services (other than another 360 Painting Business operated by Franchisee under license from Franchisor).

Neither Franchisee nor the other Bound Parties will be prohibited from owning securities in a Competitive Business if they are listed on a stock exchange or traded on the over-the-counter market and represent 3% or less of the number of shares of that class of securities which are issued and outstanding.

Source: Item 21 — FINANCIAL STATEMENTS (FDD page 56)

What This Means (2025 FDD)

According to the 2025 360 Painting Franchise Disclosure Document, during the term of the agreement, a franchisee and related parties are restricted from having an interest in or working for a Competitive Business. This restriction applies within the franchisee's Protected Territory, within 20 miles of the Protected Territory, within 20 miles of another 360 Painting Business with a protected territory, within the United States, and worldwide.

Following the termination or expiration of the franchise agreement, the franchisee is restricted for two years from having an interest in or working for a Competitive Business. This post-term restriction applies within the Protected Territory, within a 20-mile radius of the Protected Territory, and within 20 miles of any other existing 360 Painting Business with a protected territory.

A Competitive Business is defined as any business that offers or sells painting, decorating, and wall finishing services, excluding another 360 Painting Business operated under license from the franchisor. However, the franchisee is allowed to own up to 3% of the securities of a Competitive Business if those securities are publicly traded.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.