For how long after the 7 Brew franchise is terminated or expires are non-competition covenants in effect?
7_Brew Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provision | Section in franchise or other agreement | Summary |
|---|---|---|
| transferee (and each owner) qualifies | ||
| (including, if transferee is an existing | ||
| franchisee, transferee is in substantial | ||
| operational compliance under all other | ||
| franchise agreements for 7 BREW Stores) | ||
| and is not restricted by another agreement | ||
| from moving forward with the transfer; you | ||
| have paid us and our affiliates all amounts | ||
| due, have submitted all reports, and are not | ||
| then in breach; transferee and its owners and | ||
| affiliates are not in a competitive business; | ||
| training completed; transfer fee paid; | ||
| transferee may occupy Store’s site for | ||
| expected franchise term; transferee (at our | ||
| option) assumes your Franchise Agreement or | ||
| signs our then-current form of franchise | ||
| agreement and other documents for unexpired | ||
| portion of your original franchise term (then- | ||
| current form may have materially different | ||
| terms, except that your original Royalty, | ||
| Brand Fund contribution, and Tech Fee levels | ||
| and Area of Protection definition will remain | ||
| the same for unexpired portion of your | ||
| original franchise term and, if we previously | ||
| agreed to amend your Franchise Agreement | ||
| before you signed it, we will incorporate such | ||
| amendments into the then-current form of | ||
| franchise agreement that is signed by the | ||
| transferee); transferee agrees to repair and | ||
| upgrade; you (and transferring owners) sign | ||
| general release (if applicable state law | ||
| allows); we determine that sales terms and | ||
| financing will not adversely affect Store’s | ||
| operation post-transfer; you subordinate | ||
| amounts due to you; and you stop using | ||
| Marks and our other intellectual property | ||
| (also see (r) below). | ||
| n. Franchisor’s right of first refusal to acquire franchisee’s business | 16.G of Franchise Agreement | We have the right to match any offer for your |
| Store (including its physical structure) or | ||
| ownership interest in you or entity that | ||
| controls you. | ||
| We have the right to match any offer for | ||
| underlying real estate on which Store’s | ||
| physical structure is located if you or your | ||
| owner directly or indirectly holds title to that | ||
| underlying real estate and wishes to sell that | ||
| real estate as part of any sale or transfer with | ||
| respect to which we have the right-of-first- | ||
| refusal described above. | ||
| o. Franchisor’s option to | Not Applicable | We do not have this right. We do not have this right. |
| purchase franchisee’s | ||
| business | ||
| p. Death or disability of | 16.E of Franchise | Must transfer to approved party (which may |
| franchisee | Agreement | |
| include immediate family member) within 6 | ||
| months. | ||
| q. Non-competition covenants during the term of the franchise | 12 of Franchise Agreement | No owning interest in, performing services |
| for, or loaning money or guaranteeing loan to | ||
| competitive business, wherever located or | ||
| operating; no diverting business to | ||
| competitive business; and no solicitation of | ||
| other franchisees for other commercial | ||
| purposes. “Competitive Business” means any | ||
| (a) business deriving more than 25% of its | ||
| revenue from selling coffee, or (b) business | ||
| granting franchises or licenses to others to | ||
| operate the type of businesses described in | ||
| clause(a). | ||
| r. Non-competition covenants after the franchise is terminated or expires | 19.E of Franchise Agreement | For 2 years after franchise term, no owning |
| interest in or performing services for | ||
| Competitive Business located or operating at | ||
| Store’s site, within 3 miles of former Store | ||
| site, or within 3 miles of physical location of | ||
| another 7 BREW Store (same restrictions | ||
| apply after transfer). | ||
| s. Modification of the agreement | No modifications generally, but we have the right to change Operations Manual and Brand Standards. No modifications generally, but we have the | |
| right to change Operations Manual and Brand | ||
| Standards. | ||
| t. Integration/merger clause | 21.M of Franchise | Only terms of Franchise Agreement and other |
| Agreement | ||
| related written agreements are binding | ||
| (subject to applicable state law). No other | ||
| representations or promises will be binding. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 54–61)
What This Means (2025 FDD)
According to 7 Brew's 2025 Franchise Disclosure Document, if a franchise is terminated or expires, the non-competition covenants are in effect for a period of 2 years. During this 2-year period, the franchisee is restricted from owning interest in or performing services for a Competitive Business.
A "Competitive Business" is defined as any business deriving more than 25% of its revenue from selling coffee, or any business granting franchises or licenses to others to operate businesses that derive more than 25% of their revenue from selling coffee.
The restrictions apply to businesses located or operating at the Store’s site, within 3 miles of the former Store site, or within 3 miles of the physical location of another 7 Brew Store. These same restrictions also apply after a transfer of the franchise.