Does the Anago agreement state that disregarding the non-compete provisions would prevent Anago from selling another Unit Franchise in the Area?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
TS AGREEMENT
BETWEEN
ANAGO® FRANCHISING, INC., A FLORIDA CORPORATION
(FRANCHISOR)
AND
XXXXXXX A [STATE] [CORPORATION OR LIMITED LIABILITY COMPANY]
(SUBFRANCHISOR)
| DATED: |
|---|
| -------- |
SCHEDULE A DATA SHEET
| You are not obtaining any exclusive or protected territory. You may only operate your Unit | |
|---|---|
| Franchise anywhere within the counties of (Your counties) in the state of (Your State) (the “Area”) | |
| under the name Anago. You cannot operate your Unit Franchise outside the Area. We may open | |
| and operate Company Units and franchise the | |
| engage in any other method of distribution in Our complete discretion whenever, however and | |
| wherever We determine, including within the Area. You must designate your own Premises within | |
| the Area from which you will manage and administer Your Unit Franchise. If You do not operate | |
| Your Anago Unit Franchise out of Your residence but instead occupy a business premises, such | |
| business premises and lease agreement will be subject to our prior written approval, which will | |
| not be unreasonably withheld. |
Source: Item 23 — RECEIPTS (FDD pages 62–298)
What This Means (2025 FDD)
The 2025 Anago Franchise Disclosure Document states that franchisees do not receive any exclusive or protected territory. According to Section 1.2, franchisees can only operate their unit franchise under the Anago name within their designated counties and state. Anago retains the right to open and operate company units, franchise to others, or engage in any distribution method within the franchisee's area at their discretion.
According to Section 13.2, the covenants outlined in Article 13 are independent of any other provision within the agreement. This means that any claims a franchisee may have against Anago or its affiliates do not serve as a defense against Anago's enforcement of these covenants.
The document does not explicitly state that disregarding the non-compete provisions would prevent Anago from selling another Unit Franchise in the Area. However, it does state that Anago can operate company units and franchise the Anago Unit Franchise to other Unit Franchisees or engage in any other method of distribution in their complete discretion, including within the Area.