factual

How is the Franchise Territory for an Afuri Ramen Dumpling franchise designated?

Afuri_Ramen_Dumpling Franchise · 2024 FDD

Answer from 2024 FDD Document

    1. Franchise Premises and Franchise Territory. The Franchise Territory for each franchise will be designated by us before you open each relevant Franchise Premises. The Franchise Territory and your Franchise Premises must be in the United States of America, legally available pursuant to state and federal franchise and business opportunity disclosure and registration laws and pursuant to our contractual commitments (including those with our other franchisees) and in compliance with our franchise placement, market development and demographic criteria.
  • 6.1.1 Renewal Franchise Agreement. If you are not in breach, you may renew the Franchise for periods of 10 years under the terms of our then-current Franchise Agreement forms. "Then-current," as used in this Agreement and applied to our Franchise Disclosure Document and Area Development Addendum will mean the form then currently provided to prospective franchisees or area developers, or if not then being provided, then the form we select in our sole discretion which previously has been delivered to and executed by a franchisee of ours (with appropriate modifications to reflect the fact that the agreement relates to the grant of a renewal franchise). These forms may vary materially from this Agreement. Royalty Fees, Advertising Fees, and other fees will be set at the then prevailing rates and terms. Your failure or refusal to execute the renewal Franchise Agreement forms within 30 days after delivery to you may be regarded as an election by you not to renew. Upon renewal, the Franchise Territory may be modified and its geographic area may be reduced or expanded to meet our then-current franchise market penetration and demographic standards.

  • A. to use or license the use of the Marks or any other trademarks, service marks, logos or commercial symbols to anyone, and for any purpose, and at any location (except that we will not place an Afuri restaurant with your Franchise Territory).

  • B. to sell products or services anywhere, including within the Franchise Territory, using the Marks or different marks, through channels of distribution other than the Afuri restaurant franchise granted to you by this Agreement.

For example, we may place Afuri establishments in airport and mall food courts, stadiums, and similar limited access environments in your Franchise Territory and regardless of the location of other Afuri operations.

We may place present and future Afuri products for sale in grocery stores and food markets at any location, whether or not within the Franchise Territory or within close proximity to an Afuri franchise.

Other distribution methods may also include internet sales, telephone sales, catalogue sales, sales via online marketplaces (such as Goldbelly.com, for example), and sales by other means.

Source: Item 23 — Receipts (FDD pages 50–189)

What This Means (2024 FDD)

According to Afuri Ramen Dumpling's 2024 Franchise Disclosure Document, the franchisor designates the franchise territory for each franchise before the franchisee opens the relevant franchise premises. The franchise territory and premises must be in the United States of America and legally available under state and federal franchise and business opportunity disclosure and registration laws. They must also comply with Afuri Ramen Dumpling's contractual commitments, including those with other franchisees, and align with their franchise placement, market development, and demographic criteria.

Afuri Ramen Dumpling retains the right to use or license its trademarks, service marks, logos, or commercial symbols to anyone, for any purpose, and at any location, except they will not place an Afuri Ramen Dumpling restaurant within the franchisee's designated territory. However, Afuri Ramen Dumpling reserves the right to sell products or services anywhere, including within the franchise territory, through different distribution channels other than the franchised restaurant.

These other distribution methods may include placing Afuri Ramen Dumpling establishments in airport and mall food courts, stadiums, and similar limited access environments, regardless of other Afuri Ramen Dumpling operations. They may also place present and future Afuri Ramen Dumpling products for sale in grocery stores and food markets at any location, whether or not within the franchise territory or in close proximity to an Afuri Ramen Dumpling franchise. Other distribution methods may also include internet sales, telephone sales, catalogue sales, sales via online marketplaces, and sales by other means.

Upon renewal of the franchise agreement, the franchise territory may be modified, and its geographic area may be reduced or expanded to meet Afuri Ramen Dumpling's then-current franchise market penetration and demographic standards. This means that the territory granted in the original agreement is not guaranteed to remain the same upon renewal, potentially impacting the franchisee's future operations and market reach.

Disclaimer: This information is extracted from the 2024 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.