What actions are included in the definition of 'solicit' for a Benjamin Franklin Plumbing franchise?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
You may not perform services or sell products related to the Franchised Business outside of your Territory without our prior written consent, which we may give and withdraw as we deem appropriate. We may condition approval on, among other things, you obtaining a separate phone number or other requirements. You may not solicit or advertise to customers outside of the Territory without our permission. "Solicit" includes, but is not limited to, solicitation in person, by telephone, by mail, through the internet, social media, email or other electronic means, and by distribution of brochures, business cards or other materials or any other advertising. Please see Item 12 for further details.
Source: Item 16 — RESTRICTIONS ON WHAT THE FRANCHISEE MAY SELL (FDD pages 67–68)
What This Means (2025 FDD)
According to Benjamin Franklin Plumbing's 2025 Franchise Disclosure Document, 'solicit' includes a variety of actions when reaching out to potential customers. Specifically, franchisees are restricted from soliciting or advertising to customers outside of their designated territory without prior permission from Benjamin Franklin Plumbing. This restriction is in place to protect each franchisee's market area and prevent overlap or competition between territories.
The definition of 'solicit' is broad, encompassing both traditional and modern methods of communication. It includes in-person solicitations, telephone calls, mailings, and various forms of electronic communication such as internet marketing, social media engagement, and email campaigns. Additionally, the distribution of physical materials like brochures and business cards also falls under the umbrella of solicitation. This comprehensive definition ensures that franchisees understand the full scope of activities that are regulated.
For a prospective Benjamin Franklin Plumbing franchisee, this means that all marketing and advertising efforts must be carefully managed to stay within the boundaries of their assigned territory. Any outreach beyond these boundaries requires explicit approval from Benjamin Franklin Plumbing. This policy is fairly standard in franchising, as franchisors typically want to control brand messaging and avoid market conflicts. Franchisees need to be aware of these restrictions and ensure their marketing strategies align with the franchisor's guidelines to avoid potential penalties or breaches of the franchise agreement. Item 12 provides further details regarding territory.