What activities are not expressly prohibited by the Bambu MUD Agreement?

According to Bambu's 2025 Franchise Disclosure Document, the MUD (Multi-Unit Development) Agreement allows Bambu to engage in activities not expressly prohibited within the agreement. This means that if a specific action or business practice isn't explicitly forbidden in the MUD Agreement, Bambu reserves the right to pursue it.

This clause provides Bambu with considerable flexibility in its business operations and future strategies. For a prospective franchisee, this implies that Bambu could potentially undertake new ventures or initiatives that might compete with existing franchisees, as long as these activities aren't specifically restricted by the MUD Agreement. It is important to note that the rights granted to the franchisee in the MUD Agreement are non-exclusive.

For example, Bambu retains the right to use its marks to identify any type of products and services, promotional and marketing efforts or related items, and to identify products and services distributed or otherwise made available through alternative channels of distribution (other than Bambū shoppes), at any location, and on any terms and conditions as Bambu determines including, but not limited to, sales through channels such as wholesale or retail distribution, Internet marketing and distribution, social media marketing, mail order, catalog, retail store display or made-to-order or pre-packaged product sales in grocery stores, at any location.

Therefore, prospective franchisees should carefully review the MUD Agreement to understand what activities are expressly prohibited and consider the potential implications of this clause on their investment. It would be prudent to seek clarification from Bambu regarding their future business plans and how they might affect franchisees.