Where in the Benjamin Franklin Plumbing Franchise Agreement will the franchisee's territory be defined?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
Once we have determined your Territory, it will be defined in Appendix A to your Franchise Agreement.
You will have a protected territory ("Territory") during the term of your Franchise Agreement, provided you are in full compliance with the terms of the Franchise Agreement, including certain Minimum Performance Requirements (described below) and your obligation to primarily service customers in your Territory. "Protected" means that we will not operate a business under the Marks and the System in the Territory or authorize others to operate Franchised Businesses within the Territory, except as described below. This does not prohibit us from advertising or soliciting in your Territory for the purpose of recruiting prospective employees or independent contractors.
You do not receive an exclusive territory. You may face competition from other franchisees, from outlets that we own, or from other channels of distribution or competitive brands that we control.
Typically, your Territory is based on total population blocks of approximately 100,000 individuals and defined using postal zip codes present at the time your Territory is defined, although it can vary. You will be able to choose your Territory based on available pre-defined territories, subject to our approval. We will use the most recent population information available in the U.S. Census Data, or other population statistical sources of our choosing to determine populations.
Source: Item 12 — TERRITORY (FDD pages 57–60)
What This Means (2025 FDD)
According to Benjamin Franklin Plumbing's 2025 Franchise Disclosure Document, the specific details of a franchisee's territory are outlined in Appendix A of the Franchise Agreement. The territory is not exclusive, meaning franchisees may face competition from other franchisees, company-owned outlets, or other distribution channels.
The territory size is typically based on population blocks of approximately 100,000 individuals, using postal zip codes at the time of definition, but this can vary. Prospective franchisees can select their territory from available pre-defined areas, subject to approval by Benjamin Franklin Plumbing, which uses U.S. Census Data or other statistical sources to determine populations.
Benjamin Franklin Plumbing retains rights not expressly granted to the franchisee, including operating businesses under the brand outside the territory and using the marks in other lines of business. They can also operate similar businesses through different channels of distribution, even within the franchisee's territory, without any obligation to compensate the franchisee. This lack of exclusivity and the franchisor's retained rights are important considerations for potential franchisees.