What is the duration of the Beef O Bradys non-compete agreement after nonrenewal/termination?
Beef_O_Bradys Franchise · 2025 FDDAnswer from 2025 FDD Document
17.2 Marks and De-Identification. Upon the termination or expiration of this Agreement:
- (a) Notification. You must notify us of your intent, and the date that you intend, to discontinue business of your Beef 'O' Brady's® Family Sports Pub. You agree that such notification does not release you from any obligations or liabilities under this Agreement.
- (b) Cease Identification as Licensee or Franchisee/Use of Marks. You may not directly or indirectly at any time or in any manner (except with respect to other Family Sports Pubs you own and operate) identify yourself or any business as a current or former Family Sports Pub, or as one of our licensees or franchisees, use any Mark, any colorable imitation of a Mark or other indicia of a Family Sports Pub in any manner or for any purpose or utilize for any purpose any trade name, trade or service mark or other commercial symbol that indicates or suggests a connection or association with us. Within ten (10) days of termination or expiration you are to deliver to us, at your own expense, all signs, sign-faces, signcabinets, marketing materials, forms and other materials containing any Mark or otherwise identifying or
relating to a Beef 'O' Brady's® Family Sports Pub. In our sole judgment, we may waive this requirement in writing provided that you provide a sworn Certificate of Destruction/De-identification detailing your compliance with these terms;
- (c) Cancel Fictitious Business Names.
You agree to take such action as may be required to cancel all fictitious or assumed name or equivalent registrations or licenses (including without limitation, any alcohol, city/state and health department licenses) relating to your use of any Mark and to provide us with a copy of business/fictitious name change documentation from the governing municipality within 15 days of the effective date of the termination/expiration of this Agreement;
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISED BUSINESS. (FDD page 45)
What This Means (2025 FDD)
The 2025 Beef O Bradys Franchise Disclosure Document (FDD) does not explicitly state the duration or geographical scope of the non-compete agreement after the termination or expiration of the franchise agreement. However, the FDD does outline several post-termination obligations that a franchisee must adhere to.
According to Item 23, upon termination or expiration of the Franchise Agreement, franchisees must notify Beef O Bradys of their intent to discontinue business and the date they intend to do so. Franchisees are also prohibited from identifying themselves as a current or former franchisee or using any trademarks or indicia associated with Beef O Bradys. Within ten days of termination or expiration, franchisees must deliver all signs, marketing materials, and other items containing Beef O Bradys' marks to the company.
Additionally, franchisees are required to cancel all fictitious business names and licenses related to the use of Beef O Bradys' marks and provide documentation of these changes. If Beef O Bradys does not exercise its option to purchase the Family Sports Pub, the franchisee must alter the premises to clearly distinguish it from its former appearance and other Beef O Bradys locations, including removing signage, furnishings, memorabilia, and branded items. The franchisee must also change the restaurant's interior color scheme, reduce the number of TVs, and remove Beef O Bradys' concepts and menu items from the menu.
Prospective franchisees should carefully review the Franchise Agreement and consult with legal counsel to fully understand the scope and duration of any post-termination non-compete obligations. It would be prudent to ask the franchisor directly about the specific terms of the non-compete agreement, including its duration, geographic scope, and any activities that are restricted.