Where is the protected area for an Antioch Pizza Shop franchise described?
Antioch_Pizza_Shop Franchise · 2025 FDDAnswer from 2025 FDD Document
2. LOCATION
- (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.
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 and protected area for a Restaurant franchise are detailed in Exhibit A of the Franchise Agreement. The document specifies that if the restaurant location hasn't been determined when the agreement is signed, Section 3 outlines how it will be determined later. For Food Truck/Trailer franchises, the operating area, including the protected area, is also designated in Exhibit A.
However, the FDD also clarifies that the protected area granted to an Antioch Pizza Shop franchisee is not an exclusive territory. Antioch Pizza Shop retains the right to market and promote other Antioch Pizza Shop restaurants, or allow other franchisees to deliver food, within the franchisee's protected area. This means that while a franchisee has a defined area where Antioch Pizza Shop will not open another directly competing franchise, they may still face competition from other Antioch Pizza Shop locations through marketing, promotions, and delivery services.
Antioch Pizza Shop also reserves certain rights within and outside the protected area, including conducting businesses under different marks and systems, or in non-conventional forums such as shopping malls, airports, and university campuses. These reservations mean that Antioch Pizza Shop can explore alternative business models or locations that might compete with a franchisee's traditional territory. Prospective franchisees should carefully review Exhibit A and Section 2 of the Franchise Agreement to fully understand the scope and limitations of their protected area and the potential for competition from other Antioch Pizza Shop ventures.