What is the geographic scope of the right granted to a Benjamin Franklin Plumbing franchisee?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
ucts**" means products bearing the Marks and/or prepared using formulations and/or methods of preparation developed by or for Franchisor. They may include apparel, accessories, and other products sold or used in the Franchised Business. We have the right to modify, discontinue, substitute, and/or add items to the Proprietary Products from time to time in our sole discretion.
- 1.19. "System" means the know-how and system of operation developed for the Brand and owned by Franchisor. The distinctive elements of the System include, but are not limited to: the products and services offered; customer service standards; the warranty program, if applicable; standards and specifications for equipment, technology, supplies, and operations; our advertising and promotional programs and marketing techniques; the exterior and interior design, décor, color scheme, fixtures, and furnishings of the business
premises; and the accumulated experience reflected in our Brand Standards Manuals, training program, and instructional materials.
1.20. "Territory" means the geographic area defined in the Data Sheet and/or in a map and/or list of zip codes attached to the Data Sheet.
2. FRANCHISE GRANT AND TERRITORIAL PROTECTION
- 2.1. Right Granted. We grant you the right, and you undertake the obligation, on the terms and conditions of this Agreement, to establish and operate one (1) Franchised Business at the Approved Location only, and to use the Marks and the System only in connection with the Franchised Business, and only within the Territory. You agree to operate the Franchised Business for the full Agreement term through the Expiration Date as specified in Section 3.
- 2.2. Rights Reserved. We and our affiliates retain all rights not expressly granted to you, including the rights (despite anything to the contrary in Section 2.3 and regardless of the proximity to or effect on the Franchised Business):
- 2.2.1 To establish, operate, franchise, and license others to operate businesses under the Marks at any location outside of the Territory.
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing FDD, a franchisee is granted the right to operate their franchise within a defined territory. The territory is specified in the Data Sheet, which may include a map or a list of zip codes. This territory defines the geographic area where the franchisee can operate their Benjamin Franklin Plumbing business.
Benjamin Franklin Plumbing retains the right to operate or franchise others outside of the franchisee's territory. However, there's a potential situation where existing franchisees may continue to serve customers within a new franchisee's territory for up to 24 months from the agreement date. This can occur if those franchisees had an existing customer base in that area before the new agreement. The franchisor will provide data regarding these customers within 45 days of the agreement date, and after the 24-month period, any remaining customers will be transitioned to the new franchisee.
A Benjamin Franklin Plumbing franchisee must operate at the Approved Location and can only use the Marks and System within the Territory. Relocation of the Franchised Business is not allowed without prior written consent from Benjamin Franklin Plumbing and must be to a location within the Territory. Unless otherwise agreed in writing, relocation of the Franchised Business does not change the Territory.