What are the non-competition covenants for Beauty Bungalows franchisees after the franchise is terminated or expires?
Beauty_Bungalows Franchise · 2025 FDDAnswer 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). |
| S | Modification of | Sections 7.04, 8.10, | No modifications generally but Manual and |
| agreement | 18.02 | the System are subject to change. | |
| Integration/merger clause | Section 18.01 | Only the terms of the Franchise Agreement are binding (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, a franchisee is subject to certain non-competition covenants if the franchise is terminated or expires. Specifically, for a period of two years, the franchisee cannot be involved in a competing business within 20 miles of their Protected Territory's boundary, another Beauty Bungalows franchise, a company-owned franchise, or on the Internet. These restrictions are subject to state law, meaning the enforceability and specific terms may vary depending on the franchisee's location.
This post-term non-compete agreement is fairly standard in the franchise industry. The geographic restriction prevents a former franchisee from leveraging the knowledge and experience gained while operating a Beauty Bungalows franchise to directly compete with the brand in the immediate area. The inclusion of 'on the Internet' in the non-compete clause reflects the importance of online presence in today's market and aims to prevent franchisees from circumventing the geographic restriction through online sales or services.
It is important for prospective Beauty Bungalows franchisees to understand the implications of this non-compete agreement. They should carefully consider the geographic scope and duration of the restriction, as it could limit their business opportunities after leaving the Beauty Bungalows system. Franchisees should also be aware that the enforceability of non-compete agreements can vary significantly by state, and they should consult with an attorney to understand the specific laws in their jurisdiction. The FDD also mentions that the non-compete applies to the Development Agreement as well.