Does Anago reserve the right to bid on and enter into contracts with National Accounts?
Anago Franchise · 2025 FDDAnswer from 2025 FDD Document
additional development rights or franchises for additional territories, and will not be permitted to relocate your Anago Subfranchise Rights Business.
You receive only those rights that we expressly grant to you in the Subfranchise Rights Agreement. You acquire no rights by inference, innuendo or extrapolation. We expressly reserve, for ourselves and our affiliates, without compensation to you of any sort, (a) the right to engage in any activities, anywhere in the world, unless we expressly agree in the Subfranchise Rights Agreement that we or our affiliates will not engage in them, and (b) all rights not expressly granted to you under the Subfranchise Rights Agreement, including, without limitation, the right to (i) develop and operate, directly or indirectly, other businesses offering products and services, whether similar or not to the products or services offered by the Unit Franchises, under different marks within or outside the Area; (ii) offer and sell products and services that are the same as or substantially similar to those offered by Unit Franchisees under the Proprietary Marks through our website and otherwise via the Internet, through catalogs and direct mail solicitations and other alternative methods of distribution within or outside the Area; (iii) advertise and promote the System and Proprietary Marks wherever we deem appropriate; (iv) operate and grant other persons the right to operate retail businesses identified by the Proprietary Marks that offer and sell janitorial services and products to Clients outside the Area; and (v) bid on and enter into contracts with National Accounts.
Restrictions on Solicitations
You are not permitted to solicit Unit Franchisees or clients outside your Area, including through other channels of distribution such as the Internet, catalogs, telemarketing or other direct marketing. As long as you are in compliance with your obligations under the Subfranchise Rights Agreement, we will not solicit or license another to solicit the development of Anago Unit Franchisees within your Area.
National Accounts
Under your Subfranchise Rights Agreement, you must refer all "National Accounts" to us. You are not permitted to enter into any contracts with National Accounts without first obtaining our written consent. We reserve the right to, either ourselves, or through a designee, enter into contracts
for the performance of Anago services to National Accounts wherever or however the National Account is originated. "National Account" means any client or prospective client that, directly or through its affiliates: (i) owns, manages, operates, controls, or is responsible for ten (10) or more locations in your Area; (ii) owns, manages, operates, controls or is responsible for multiple locations, one or more of which is in your Area and one or more of which is outside of your Area; and (iii) requests that we or our affiliates submit or allow us or our affiliates to submit a response to a request for proposals ("RFP") and we determine that you do not meet the National Account's qualifications to submit an RFP response or enter into the contract. .
Source: Item 12 — TERRITORY (FDD pages 36–38)
What This Means (2025 FDD)
According to Anago's 2025 Franchise Disclosure Document, Anago retains the right to bid on and enter into contracts with National Accounts. Specifically, Anago maintains the right to contract for Anago services to National Accounts, either directly or through a designee, regardless of where the National Account originates. However, the franchisee must refer all "National Accounts" to Anago and is not permitted to enter into contracts with them without Anago's written consent.
A "National Account" is defined as a client or prospective client with at least ten locations in the franchisee's area, or one with multiple locations both inside and outside the area. It also includes any client that requests Anago or its affiliates to respond to a request for proposals (RFP) where Anago determines the franchisee does not meet the qualifications to submit an RFP response or enter into the contract.
If Anago secures a contract with a National Account that has locations within the franchisee's area, Anago may offer the franchisee the option to have their Unit Franchisees perform services for those locations. This offer is subject to terms and conditions specified by Anago and is on a nonexclusive basis. This means that while Anago reserves the right to pursue National Accounts, franchisees may have the opportunity to benefit from these contracts within their territory under certain conditions.