factual

After the Aw franchise is terminated or expires, what are the geographic limits of the non-competition covenant?

Aw Franchise · 2025 FDD

Answer from 2025 FDD Document

PROVISION SECTION IN FRANCHISE AGREEMENT SUMMARY
n. Franchisor’s right of first refusal Section 14.6 We can match any offer for your business or an
to acquire franchisee’s business ownership interest in you.
o. Franchisor’s option to purchase franchisee’s business Section 16.7 We may within 30 days of termination or expiration purchase certain assets of your Papa Ray’s Pizza Restaurant at lesser of cost or fair market value.
p. Death or disability of franchisee Section 14.4 Franchise or ownership interest in you must be assigned to approved buyer within 6 months.
q. Non-competition covenants Section 9.3 No involvement in competing business
during the term of the franchise anywhere.
r. Non-competition covenants after the franchise is terminated or expires Section 17.1 No involvement in a competing business for 2 years within 20 miles of your Papa Ray’s Pizza Restaurant or of any other Papa Ray’s Pizza Restaurant (same restrictions apply after assignment).

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER, AND DISPUTE RESOLUTION (FDD pages 34–36)

What This Means (2025 FDD)

According to Aw's 2025 Franchise Disclosure Document, if the franchise is terminated or expires, the franchisee is subject to a non-competition covenant. This means the franchisee cannot be involved in a competing business for a period of 2 years. The geographic scope of this restriction extends to within 20 miles of the franchisee's former Papa Ray’s Pizza Restaurant location or any other Papa Ray’s Pizza Restaurant.

This post-term non-compete agreement is a fairly standard practice in franchising to protect the brand and other franchisees in the system. The 20-mile radius is designed to prevent a former franchisee from directly siphoning customers away from existing Aw locations. The restriction applies even after assignment, meaning if the franchisee sells the business before termination or expiration, the non-compete still applies to the original franchisee.

A prospective Aw franchisee should carefully consider the implications of this non-compete. If they decide to leave the Aw system, they will be restricted from operating a similar business in a defined geographic area for two years. This could limit their future business opportunities and career options. It is important to fully understand these restrictions before signing the franchise agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.