What constitutes the 'Restricted Territory' for a Belocal franchise, specifically regarding the territories of publication businesses owned by the franchisor, its affiliates, or its franchisees?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
- (A) The term "Restricted Territory" means the following divisible and severable territorial divisions:
- (i) the territories of, and a ten-mile radius around the perimeter of the territory of, any publication business owned by Franchisor, its affiliates, or its franchisees (including the territory of the Franchised Business); or
- (ii) only in the event the foregoing is determined to be too broad by a court of law or arbitrator, the territories of any publication business owned by Franchisor, its affiliates, or its franchisees (including the territory of the Franchised Business); or
Source: Item 22 — CONTRACTS (FDD page 71)
What This Means (2025 FDD)
According to Belocal's 2025 Franchise Disclosure Document, the 'Restricted Territory' is defined in relation to non-compete agreements. Specifically, it initially includes the territories of any publication business owned by Belocal, its affiliates, or its franchisees, along with a ten-mile radius around the perimeter of those territories. This definition also includes the franchisee's own territory.
However, the definition of the Restricted Territory is subject to potential modification by a court of law or arbitrator. If the initial definition is deemed too broad, the Restricted Territory may be redefined to only include the territories of publication businesses owned by Belocal, its affiliates, or its franchisees, inclusive of the franchisee's territory, without the additional ten-mile radius. Further reductions in scope are possible if a court or arbitrator continues to find the definition too broad, potentially limiting it to just a ten-mile radius around the franchisee's territory plus the territory itself, or ultimately, just the franchisee's territory.
This tiered definition means that the scope of the non-compete agreement can vary significantly depending on legal interpretations. A prospective Belocal franchisee should be aware that their ability to operate a competing business after leaving the franchise system could be significantly impacted by how the Restricted Territory is ultimately defined. It is important to seek legal counsel to understand the potential implications of these restrictions and how they might affect future business opportunities.