factual

What is the duration of the non-competition covenant after termination or expiration of a Beauty Bungalows franchise?

Beauty_Bungalows Franchise · 2025 FDD

Answer from 2025 FDD Document

H “Cause” defined - non- curable defaults Section 13.02(b) Non-curable defaults include misrepresentation by you, failure to complete initial training, bankruptcy, insolvency, or appointment of receiver, abandonment, trademark misuses, unauthorized disclosure, unapproved transfers, or repeated noncompliance. (Termination upon bankruptcy may not be enforceable under U.S. Bankruptcy Law.)
I Franchisee’s obligations on termination/nonrenewal Sections 3.07, 13.03, 13.04 Obligations include complete de- identification, non-competition, return of confidential or critical business information, payment of amounts due, and, upon Franchisor’s election, cooperation regarding assignment of lease.
J Assignment of contract by franchisor Section 14 No restriction on our right to assign.
K “Transfer” by franchisee - defined Sections 1.23, 14.03 Includes transfer of contract or assets or ownership change.
L Franchisor approval of transfer by franchisee Sections 14.04-14.08 We have the right to approve all transfers but will not unreasonably withhold approval.
M Conditions for franchisor approval of transfer Section 14.04 Franchise must be open for business to the general public at the Premises, New Franchisee qualifies, Transfer Fee paid, purchase agreement approved, training arranged, general release signed by you, and current agreement signed by new Franchisee. Any brokers’ fees or commissions that arise because of the transfer must be paid by the Franchisee.
N Franchisor’s right of first refusal to acquire franchisee’s Business. Section 14.09 We can match any offer for your Business.
O Franchisor’s option to purchase franchisee’s Business Section 14.09 We may purchase the Business pursuant to our Right of First Refusal to match any offer for your Business.
P Death or disability of franchisee Section 14.08 Franchise must be assigned by estate to approved transferee within 120 days.
Q Non-competition covenants during the term of franchise Section 15.01 No involvement in competing business anywhere in U.S. (subject to state law).
R Non-competition covenant after the franchise is terminated or expires Section 15.01 No competing business for 2 years within 20 miles from the boundary of your Protected Territory or from another Beauty Bungalows franchise, company-owned Franchise, or on the Internet (including after assignment) (subject to state law).

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 36–40)

What This Means (2025 FDD)

According to Beauty Bungalows's 2025 Franchise Disclosure Document, if the franchise is terminated or expires, the franchisee is subject to a non-competition covenant. This covenant restricts the franchisee from engaging in any competing business for a period of 2 years. The restricted area includes a 20-mile radius from the boundary of the franchisee's Protected Territory. It also includes a 20-mile radius from another Beauty Bungalows franchise or company-owned franchise. The non-competition covenant also applies to conducting a competing business on the Internet, even after assignment.

This means that after a Beauty Bungalows franchise agreement ends, the former franchisee cannot operate a similar business within the specified geographic area or online for two years. This restriction is designed to protect Beauty Bungalows's market share and brand recognition. It prevents former franchisees from using the knowledge and experience gained while operating a Beauty Bungalows franchise to directly compete with the brand.

It is important to note that these non-competition covenants are subject to state law, which may impact their enforceability. Prospective franchisees should consult with legal counsel to understand the specific implications of these covenants in their state. They should also consider how this restriction could affect their future business opportunities if they decide to leave the Beauty Bungalows system.

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.