What does Belocal define as the 'Restricted Territory' in the franchise agreement?
Belocal Franchise · 2025 FDDAnswer from 2025 FDD Document
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- (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
- (iii) only in the event the foregoing is determined to be too broad by a court of law or arbitrator, the territories of any of Franchisor's franchisees (including the territory of the Franchised Business); or
- (iv) only in the event the foregoing is determined to be too broad by a court of law or arbitrator, a ten-mile radius around the perimeter of the territory of the Franchised Business and the territory of the Franchised Business; or
- (v) only in the event the foregoing is determined to be too broad by a court of law or arbitrator, the territory of the Franchised Business.
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 with multiple conditions. The primary definition includes the territories of, and a ten-mile radius around the perimeter of the territory of, any publication business owned by Belocal, its affiliates, or its franchisees, including the franchisee's own territory.
However, the agreement anticipates that this primary definition might be deemed too broad. Therefore, it provides alternative, narrower definitions that would apply if a court or arbitrator finds the initial definition to be overly restrictive. These alternative definitions, in successively narrower terms, include: the territories of any publication business owned by Belocal, its affiliates, or its franchisees (including the franchisee's own territory); the territories of any of Belocal's franchisees (including the franchisee's own territory); a ten-mile radius around the perimeter of the franchisee's territory and the franchisee's territory itself; and finally, the franchisee's territory alone.
This tiered definition approach provides Belocal with flexibility in enforcing non-compete provisions, while also acknowledging the potential for judicial review of the restrictions' reasonableness. A prospective franchisee should understand that the actual scope of the restricted territory could vary depending on legal interpretations and challenges.