After the Beef O Bradys franchise is terminated or expires, what are the geographic limits of the non-competition covenant?

Question

Accepted Answer

|    | Provision                                                                                | Section in Franchise Agreement ("FA") | Section in Area Development Agreement ("ADA") | Summary                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          |
|----|------------------------------------------------------------------------------------------|------------------------------------------------|--------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| o. | Our option to purchase your business | Section 17.5 | Not Applicable | FA: We have the option to buy the Family Sports Pub(s), including leasehold rights to the Site(s), at fair market value after our termination, or your termination without cause, of the agreement (but not expiration). |
| p. | Your death or disability | Sections 15.5 and 15.6 | Section 11.6 | FA/ADA: Franchise or an ownership interest in you must be assigned to an approved buyer within 6 months and must be run by a trained manager during the period before the assignment. Assignment is subject to our right of first refusal. |
| q. | Non competition covenants during the term of the franchise | Section 10 | Section 7.3 | FA/ADA: No interest in a competitive business, no controlling ownership interest in, or performance of services for, a competitive business anywhere, no recruiting or hiring of any person who is our employee or an employee of any Family Sports Pub (subject to state law). |
| r. | Non competition covenants after the franchise is terminated or expires | Section 17.4 | Section 10.2 | FA: No interest in competing business for 2 years at, or within 15 miles of, the Site, the Protected Territory or within 15 miles of any other Family Sports Pub in operation or under construction (same restrictions apply after assignment) (subject to state law). ADA: No interest in competing business for 2 years at Site or within Development Area, within 15 miles of Site or Development Area or within 15 miles of any other Family Sports Pub in operating or under construction (subject to state law). |

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION. (FDD pages 46–54)

After the Beef O Bradys franchise is terminated or expires, what are the geographic limits of the non-competition covenant?

Answer from 2025 FDD Document

What This Means (2025 FDD)

	Provision	Section in Franchise Agreement ("FA")	Section in Area Development Agreement ("ADA")	Summary
o.	Our option to purchase your business	Section 17.5	Not Applicable	FA: We have the option to buy the Family Sports Pub(s), including leasehold rights to the Site(s), at fair market value after our termination, or your termination without cause, of the agreement (but not expiration).
p.	Your death or disability	Sections 15.5 and 15.6	Section 11.6	FA/ADA: Franchise or an ownership interest in you must be assigned to an approved buyer within 6 months and must be run by a trained manager during the period before the assignment. Assignment is subject to our right of first refusal.
q.	Non competition covenants during the term of the franchise	Section 10	Section 7.3	FA/ADA: No interest in a competitive business, no controlling ownership interest in, or performance of services for, a competitive business anywhere, no recruiting or hiring of any person who is our employee or an employee of any Family Sports Pub (subject to state law).
r.	Non competition covenants after the franchise is terminated or expires	Section 17.4	Section 10.2	FA: No interest in competing business for 2 years at, or within 15 miles of, the Site, the Protected Territory or within 15 miles of any other Family Sports Pub in operation or under construction (same restrictions apply after assignment) (subject to state law). ADA: No interest in competing business for 2 years at Site or within Development Area, within 15 miles of Site or Development Area or within 15 miles of any other Family Sports Pub in operating or under construction (subject to state law).