Can a Baya Bar franchisee sell menu items to customers who live anywhere?
Baya_Bar Franchise · 2024 FDDAnswer from 2024 FDD Document
You may sell our menu items to customers who live anywhere but who choose to dine at or from your Shop. You may not engage in any promotional activities or sell products or services, whether directly or indirectly, through or on the internet, the world wide web, or any other similar proprietary or common carrier electronic delivery system; through catalogs or other mail order devices sent or directed to customers or prospective customers located anywhere; or by telecopy or other telephonic or electronic communications, including toll-free numbers, directed to or received from customers or prospective customers located anywhere. While you may place advertisements in printed media and on television and radio that are targeted to customers and prospective customers located within your Designated Territory, you will not be deemed to be in violation of the Franchise Agreement if those advertisements, because of the natural circulation of the printed media or reach of television and radio, are viewed by prospective customers outside of your Designated Territory. You may not directly solicit customers outside of your Designated Territory.
Source: Item 12 — TERRITORY (FDD pages 36–40)
What This Means (2024 FDD)
According to Baya Bar's 2024 Franchise Disclosure Document, a franchisee can sell menu items to customers who visit their shop, regardless of where those customers live. However, the franchisee is restricted from actively promoting or selling products and services through the internet, mail order, or electronic communications to customers outside of their designated territory.
While franchisees can advertise in printed media, television, and radio, these advertisements should primarily target customers within their designated territory. If these advertisements reach customers outside the designated territory due to the media's natural circulation or reach, it will not be considered a violation of the Franchise Agreement. Franchisees are specifically prohibited from directly soliciting customers outside their designated territory.
Baya Bar and its affiliates retain the right to sell products under the brand's marks both within and outside a franchisee’s designated territory through alternative distribution channels, such as internet sales, catalogs, grocery stores, and telemarketing. Franchisees are not allowed to use these alternative distribution channels and will not receive compensation for sales made through them, even if the orders originate from or are delivered to addresses within their designated territory. This means that Baya Bar retains control over broader distribution methods, while franchisees are primarily responsible for sales within their physical shop location and designated territory.