What constitutes a 'Competitive Business' for Belocal franchisees, specifically regarding developing relationships within the Territory?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
- (iii) developing relationships among members of Communities within the Territory, or members of Industry Groups within the Territory and within ten miles of the Territory, for the purpose of selling or marketing digital or print publications that compete with any N2 publication(s), including BELOCAL publications;
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, a 'Competitive Business' includes specific activities related to developing relationships for competing publications. Specifically, it involves developing relationships among members of Communities within the Territory, or members of Industry Groups within the Territory and within ten miles of the Territory, for the purpose of selling or marketing digital or print publications that compete with any N2 publication(s), including BELOCAL publications. This definition applies both during the term of the franchise agreement and, for covenants applicable post-term, at any time within the twelve-month period prior to the termination, expiration, or transfer of the Franchise Agreement.
This means that as a Belocal franchisee, you are restricted from fostering connections within your territory (and within a ten-mile radius) to promote competing publications. This restriction is in place to protect Belocal's market share and business interests. The FDD clarifies that these covenants are considered reasonable and necessary to protect Belocal's goodwill and legitimate business interests.
This restriction extends not only to direct competition through your own business but also to assisting others in competitive activities. The definition of 'Competitive Business' also includes selling advertising, publishing competing publications, organizing events for advertisers or community members, and offering digital marketing services that compete with Belocal. Therefore, franchisees must be careful in their business dealings to avoid any activity that could be construed as competing with Belocal, even indirectly.
It's important for prospective franchisees to fully understand these restrictions and how they might impact their business activities. While the non-compete agreement is designed to protect Belocal's interests, it also places limitations on the franchisee's ability to engage in certain business ventures, both during and after the franchise term. Franchisees should seek legal counsel to fully understand the scope and implications of these covenants.