In what respects does an All County franchisee have exclusivity in their Territory?
All_County Franchise · 2025 FDDAnswer from 2025 FDD Document
7.1. Your Territory. The geographical location where you may operate the Business is referred to as your "Territory" and is described in Appendix B attached to this Agreement. Your Location must be located within your designated Territory. You acknowledge and agree that you have exclusivity in your Territory only in the respects that no other ALL COUNTY® business office will be physically located in your Territory and that no other ALL COUNTY® business shall be authorized to conduct grass-roots marketing efforts in your Territory, defined as conducting direct mail campaigns or physically visiting real estate offices or other businesses in your Territory for the purposes of soliciting referrals. You acknowledge and agree that under our Methods of Operation, we may restrict you, in our sole business judgment, from advertising or marketing the services of your Franchised Business through any medium that is distributed or directed outside the Territory of your Franchised Business. You acknowledge and agree that, under our Methods of Operation, we or any other franchisee may provide authorized services to customer accounts located inside your Territory, and you will be entitled to no compensation in connection with these services. You acknowledge and agree that you, we, or any other franchisee may provide authorized services to customer accounts located outside your Territory, except that you may not provide services to any customer account located more than 50 miles from the Location, without our prior written permission. You acknowledge and agree that we, or any other franchisee, shall have no liability to you and you shall have no recourse against us, or against any other franchisee, in the event another franchisee provides services to a customer account located in your Territory. Other ALL COUNTY® businesses are allowed to manage properties located in your Territory and to place
Source: Item 23 — Receipts (FDD pages 43–157)
What This Means (2025 FDD)
According to All County's 2025 Franchise Disclosure Document, a franchisee's exclusivity within their designated territory is limited. Specifically, no other All County business office will be physically located within the franchisee's territory. Additionally, no other All County business is authorized to conduct grass-roots marketing efforts, such as direct mail campaigns or physically visiting real estate offices, within the franchisee's territory to solicit referrals.
However, this exclusivity has several limitations. All County retains the right to allow other franchisees or itself to provide services to customer accounts located within the franchisee's territory, without any compensation to the franchisee. Moreover, All County, its affiliates, and other franchisees can sell services and ancillary products inside or outside the territory through various distribution channels, including internet advertising and published materials. All County can also establish relationships with national and regional accounts, even if their locations are within the franchisee's territory.
Furthermore, All County reserves the right to operate or grant others the right to operate competitive businesses within the franchisee's territory, including businesses acquired that may or may not be converted to the All County brand. The franchisee is also restricted from unreasonably interfering with other All County businesses' operations, whether inside or outside their territory. These limitations mean that while a franchisee has some territorial protection, All County retains significant flexibility to operate and compete within the same area.