Where is an Antioch Pizza Shop franchisee allowed to operate their restaurant?
Antioch_Pizza_Shop Franchise · 2025 FDDAnswer from 2025 FDD Document
- (a) Location. The location for the Restaurant is set forth in Exhibit A attached hereto and incorporated by this reference. If the location of the Restaurant has not been determined at the time Franchisee and Franchisor sign this Agreement, then it shall be determined as provided in Section 3 below.
- (b) Protected Area. Provided that Franchisee is in compliance with this Agreement, Franchisor shall not open and operate, or franchise another party to open and operate, a Restaurant utilizing the Marks and the System in the area described in Exhibit A and identified therein as the protected area (the "Protected Area"). Franchisee acknowledges and agrees that
the Protected Area is not an exclusive territory; the Protected Territory is subject to Franchisor's reservation of rights, set forth below in Section 2(c).
The grant of a Protected Area in this Section 2(b) does not prohibit Franchisor, any affiliate or another franchisee of Franchisor from either (1) marketing and promoting their own Antioch Pizza Shop restaurant within Franchisee's Protected Area or (2) delivering food to customers located in Franchisee's Protected Area. Franchisee hereby acknowledges that there are no protections granted to Franchisee herein from marketing or promotion of other Antioch Pizza Shop restaurants or delivery of food within Franchisee's Protected Area.
- (c) Franchisor's Reservation of Rights.
Subject to Section 2(b) above, Franchisor reserves all rights not specifically granted to Franchisee hereunder.
Franchisor (and any Affiliate) further reserves the right to itself or to authorize others to both within and outside the Protected Area:
(i) conduct businesses under different Marks and System;
(ii) conduct businesses using the Marks and the System in non-conventional forums.
For example, Franchisor reserves the right to open and operate or authorize others to open and operate a restaurant using the Marks and the System in shopping malls (100,000 square feet or larger), airports, train stations, hotels and resorts, casinos, military bases, federal lands, university campuses and other similar non-conventional forums.
(iii) permit other franchisees to offer Delivery Services and Catering Services within the Protected Area, as long as they are offered from an Antioch Pizza Shop Restaurant located outside of the Protected Area;
(iv) use the Marks, and license to others the right to use the Marks, for purposes other than operating a full-service restaurant and for the purpose of conducting commerce over the Internet and other means of electronic commerce as may in the future be developed, and Franchisee has no right to do so except as may be specifically permitted hereunder.
(v) distribute products and services by any other alternate channel of distribution, including offering and selling at wholesale, retail, or through any other distribution system, products and services which comprise, may in the future comprise or which do not comprise, a part of the System, including, but not limited to, the proprietary or branded products, which products may be resold at retail or through any other distribution channel under the Marks or other trademarks or service marks, including but not limited to, food stores, other retail facilities or food service units;
(vi) to license others to offer branded Antioch Pizza Shop menu items and products in restaurants not operated under the Marks.
(vii) Franchisor shall not be required to compensate Franchisee in connection with its exercise of any of its reserved rights described in (i) or (ii) above.
Source: Item 22 — Contracts (FDD pages 56–57)
What This Means (2025 FDD)
According to Antioch Pizza Shop's 2025 Franchise Disclosure Document, the specific location for an Antioch Pizza Shop restaurant is determined by Exhibit A of the Franchise Agreement. This exhibit is attached to and incorporated into the agreement. If the location hasn't been decided when the agreement is initially signed, Section 3 outlines how it will be determined later.
While franchisees are typically granted a protected area, as described in Exhibit A, this area is not an exclusive territory. Antioch Pizza Shop retains specific rights, including marketing and promoting their restaurants and delivering food within a franchisee's protected area, even if those restaurants are owned by Antioch Pizza Shop itself, affiliates, or other franchisees. This means that while a franchisee may have a defined area where other brick-and-mortar Antioch Pizza Shop locations cannot be opened, they may still face competition from marketing, promotions, and delivery services originating from other Antioch Pizza Shop locations.
Antioch Pizza Shop also reserves the right to operate or authorize others to operate restaurants using the Antioch Pizza Shop system in non-conventional forums, both within and outside the protected area. These non-conventional forums include locations such as shopping malls (100,000 square feet or larger), airports, train stations, hotels, resorts, casinos, military bases, federal lands, and university campuses. Additionally, Antioch Pizza Shop can permit other franchisees to offer delivery and catering services within the protected area, provided these services originate from a restaurant located outside of the franchisee's protected area. These stipulations mean that the franchisee's protected area has some limitations.
Furthermore, Antioch Pizza Shop retains the right to use the Marks and license them to others for purposes other than operating a full-service restaurant, including conducting commerce over the Internet and other means of electronic commerce. They can also distribute products and services through alternate channels of distribution, such as wholesale, retail, or other food service units, and license others to offer branded Antioch Pizza Shop menu items and products in restaurants not operated under the Marks. The franchisee will not be compensated for Antioch Pizza Shop's exercise of these reserved rights.