Does the definition of 'Competitive Business' for Bang Cookies include mobile kiosks?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
"Competitive Business" refers to and means any shop that is the same as or similar to a Bang Cookies Shop including any business, bakery, or shop, including, traditional outlets, mobile kiosks, food trucks and/or non-traditional outlets, that offers, sells and/or provides cookies, brownies, and/or cakes.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, the definition of a 'Competitive Business' does include mobile kiosks. The document specifies that a 'Competitive Business' is any shop similar to a Bang Cookies shop, including traditional outlets, mobile kiosks, food trucks, and non-traditional outlets, that offer similar products like cookies, brownies, and cakes.
This definition is important for prospective franchisees because it directly impacts the restrictions they face during and after the franchise agreement term. The franchise agreement prohibits franchisees from engaging in 'Prohibited Activities,' which include owning or operating a 'Competitive Business.' This means a franchisee cannot own or operate a mobile kiosk that sells cookies, brownies, or cakes during the term of the agreement.
The broad definition of 'Competitive Business' ensures that Bang Cookies protects its market share and brand identity. Franchisees need to be aware of these restrictions to avoid violating the franchise agreement, which could lead to termination or legal action. It is common in the franchise industry for franchisors to have non-compete clauses to protect their business model and brand.