Where is the Franchisee's All States M.E.D. business permitted to operate?
All_States_M_E_D Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisor hereby grants to Franchisee, upon the terms and conditions herein contained and subject to this Agreement, the right, license, and privilege to operate an All States M.E.D. Business, and Franchisee hereby accepts a franchise under the terms and conditions stated here to operate a Business that has been assigned a protected territory as in Section 2.4 (referred to as the "Territory"). Along with the right to use solely in connection therewith the Franchisor's Names and Mark, Services, Products, its advertising and merchandising methods, and Franchisor's System, as they may be changed or improved and/or further developed from time to time, only at the accepted location of the Franchisee's Business as in Section 2.2, and provided the Franchisee shall adhere to the terms and conditions hereof.
It is understood and agreed that, except as expressly provided herein or in any other executed agreement, this franchise includes no right of Franchisee to sub franchise.
Except as provided in this Agreement, Franchisee shall be free to use the materials provided by Franchisor in the manner that Franchisee, in Franchisee's sole and absolute discretion, deems most appropriate for the operation of an All States M.E.D. Franchise, provided that Franchisee shall not violate any applicable law, regulation or provision of this Agreement in exercising such discretion.
Source: Item 23 — RECEIPTS (FDD pages 44–174)
What This Means (2024 FDD)
According to the 2024 All States M.E.D. Franchise Disclosure Document, the franchisee is granted the right to operate their All States M.E.D. business within a protected territory, as defined in Section 2.4 of the franchise agreement. This right is subject to the terms and conditions outlined in the agreement. The franchisee can only operate at the accepted location of the Franchisee's Business as detailed in Section 2.2.
This means that an All States M.E.D. franchisee's operational area is limited to the territory specified in their franchise agreement and the approved location. The franchisee must adhere to the terms and conditions of the agreement. They are also granted the right to use All States M.E.D.'s names and marks, services, products, advertising and merchandising methods, and the All States M.E.D. system within that territory.
It is important to note that the franchise agreement does not grant the franchisee the right to sub-franchise unless expressly provided for in the agreement. However, the franchisee is generally free to use the materials provided by All States M.E.D. in a manner they deem appropriate, as long as they do not violate any applicable laws, regulations, or provisions of the franchise agreement.
This defined territory ensures that All States M.E.D. franchisees have a specific area of operation, potentially reducing direct competition between franchisees and allowing them to focus their marketing and service efforts within their designated region. Prospective franchisees should carefully review Section 2.4 and Section 2.2 of the franchise agreement to fully understand the boundaries and conditions of their protected territory and approved location.