Does the All County franchise agreement specify any geographic limitations on the prohibition against involvement in a Competitive Business?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
hat we prescribe from time to time to prevent unauthorized use or disclosure of confidential information, including, without limitation, restrictions on disclosure to the Business' personnel and others.
- 15.3. Ideas, Concepts, Techniques or Materials. All ideas, concepts, techniques or materials relating to an ALL COUNTY® business, whether or not constituting protected intellectual property, and whether created by or on behalf of you or your owners, will be promptly disclosed to us, deemed to be our sole and exclusive property and part of the System and deemed to be works made for hire for us. You and your owners agree to sign whatever assignment or other documents we may request from time to time to evidence our ownership or to assist us in securing intellectual property rights in such ideas, concepts, techniques or materials.
16. EXCLUSIVE RELATIONSHIP.
- 16.1. Exclusive Dealings. We have granted the Franchise to you in consideration of and reliance upon your agreement to deal exclusively with us and not to be involved with a Competitive Business. **"**Competitive Business" means any business that offers real estate property management services or products or other services that are the same or similar to those offered by ALL COUNTY® businesses, or any business that offers franchises or licenses to others to operate any business that offers real estate property management services or products or other services that are the same or similar to those offered by ALL COUNTY® businesses. You agree that during the Term of this Agreement neither you nor any of your owners including any of your or your owners' spouses, children or other first degree relatives by blood or marriage will not engage in any of the following:
- 16.1.1. Interest or Involvement. You will not have any direct or indirect interest as a disclosed or beneficial owner in a Competitive Business, wherever located.
- 16.1.2. Performance. You will not perform services as a director, officer, manager, employee, consultant, representative, agent or otherwise for a Competitive Business, wherever located. You are prohibited from selling or transferring any of the accounts or clients of the Business to anyone except to us or to one of our designees or to another ALL COUNTY® business that has been approved in writing by us.
- 16.1.3. Recruiting. You will not recruit or hire any person who is our employee or the employee of any other ALL COUNTY® business without obtaining the prior written permission of that person's employer.
17. MARKETING.
17.1.
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, the franchise agreement does specify geographic limitations regarding involvement in a competitive business both during the term of the agreement and after termination or expiration. During the term of the agreement, franchisees and their owners are prohibited from having any direct or indirect interest in a Competitive Business, or performing services for one, regardless of its location. This means that while operating an All County franchise, the franchisee cannot be involved in any competing real estate property management business, no matter where it is located.
Upon termination or expiration of the All County franchise agreement, the geographic limitations change. For a period of 36 months after the agreement ends, the franchisee and their owners are prohibited from having any interest or involvement in a Competitive Business operating or providing services within the franchisee's Territory or within 50 miles of the outer perimeter of their Territory. This post-term restriction is limited to a specific geographic area, unlike the restriction during the term of the agreement which has no geographic boundary.
These restrictions are typical in franchise agreements to protect the franchisor's brand and market share. The All County agreement also specifies that franchisees are prohibited from selling or transferring any accounts or clients of the business to anyone except to another All County business approved in writing by the franchisor, or to the franchisor or its designees. This further protects All County's customer base and prevents franchisees from diverting business to competitors.