During the term of the Bang Cookies franchise agreement, what is the franchisee prohibited from owning in a Competitive Business?
Bang_Cookies Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee agrees that during the Term of this Agreement, Franchisee shall not engage in the following activities (the "Prohibited Activities"): (a) owning and/or having any legal or equitable interest whether, as an individual proprietor, owner, partner, member or shareholder of a Corporate Entity, or, in any similar capacity, in a Competitive Business other than, owning an interest of 3% or less in a publicly traded company that is a Competitive Business; (b) operating, managing, funding and/or performing services whether, as an employee, officer, director, manager, consultant, representative, agent, and/or creditor or, in any similar capacity, for or benefitting a Competitive Business; (c) diverting or attempting to divert any business or customers from Franchisor or, one of Franchisor's affiliates or franchisees; (d) inducing any customer or client of Franchisor, Franchisor's affiliates, franchisees of the System, or, of Franchisee, to any other person or business that is not a Bang Cookies Shop; and/or (e) engaging in any actions, inactions, and/or activities in violation of Articles 6.B. and/or 6.C. of this Agreement (all, individually and, collectively, referred to as the "Prohibited Activities"). Franchisee agrees that if Franchisee were to engage in the Prohibited Activities that such actions would be unfair, would constitute unfair competition and would cause harm to Franchisor, the System and other Bang Cookies Shop franchisees. Franchisee agrees that the foregoing covenants and obligations shall also apply to Franchisee's Owners and Spouses and that Franchisee's Owners and Spouses shall each execute and deliver to Franchisor the Franchise Owner and Spouse Agreement and Guaranty in the form attached to this Agreement as Exhibit 1.
Source: Item 23 — RECEIPTS (FDD pages 56–245)
What This Means (2024 FDD)
According to Bang Cookies's 2024 Franchise Disclosure Document, during the term of the franchise agreement, a franchisee is prohibited from owning and/or having any legal or equitable interest in a Competitive Business. This prohibition extends to ownership as an individual proprietor, owner, partner, member, or shareholder of a Corporate Entity, or in any similar capacity. However, the franchisee is allowed to own an interest of 3% or less in a publicly traded company that is a Competitive Business.
This restriction is part of the in-term non-competition obligations designed to prevent unfair competition. The franchise agreement specifies that engaging in prohibited activities would be considered unfair and harmful to Bang Cookies, the System, and other franchisees. These covenants and obligations also apply to the franchisee's Owners and Spouses, who are required to execute a Franchise Owner and Spouse Agreement and Guaranty.
This type of restriction is common in franchise agreements to protect the brand and the franchise system from internal competition. It ensures that franchisees remain committed to the Bang Cookies system and do not divert resources or knowledge to competing businesses during the term of their agreement. Prospective franchisees should carefully consider these restrictions and ensure they do not conflict with any existing business interests or future plans.