What rights does Benjamin Franklin Plumbing retain that are not expressly granted to the franchisee?
Benjamin_Franklin_Plumbing Franchise · 2025 FDDAnswer from 2025 FDD Document
uipment, 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. In addition, if the Territory is one that has an existing customer base due to out-of-territory sales by one or more existing franchisees before the Agreement Date, we may be obligated by contract to allow the existing franchisee(s) to continue providing services to those customers in the Territory for a period of time of up to twenty-four months from the Agreement Date (the "Authorized Time Period"). We will provide you with data provided to us by the existing franchisee(s) within forty-five (45) days after the Agreement Date. After the expiration of the Authorized Time Period, any remaining customers in this group will be transitioned to you;
- 2.2.2 To operate a business under the Marks inside the Territory if: (i) Franchisor (or its affiliate) is operating a business under the Marks in the Territory as of the Agreement Date;
Source: Item 23 — RECEIPTS (FDD pages 88–312)
What This Means (2025 FDD)
According to the 2025 Benjamin Franklin Plumbing Franchise Disclosure Document, Benjamin Franklin Plumbing and its affiliates retain all rights not expressly granted to the franchisee. These reserved rights include the ability to establish, operate, franchise, and license others to operate businesses under the Benjamin Franklin Plumbing marks at any location outside of the franchisee's territory.
Even within a franchisee's territory, Benjamin Franklin Plumbing may have existing contractual obligations to allow other franchisees to continue providing services to customers for up to 24 months from the agreement date if those customers were acquired before the new agreement. Benjamin Franklin Plumbing will provide the new franchisee with data from the existing franchisees within 45 days of the agreement date, and after the authorized time period, any remaining customers in this group will be transitioned to the new franchisee.
Benjamin Franklin Plumbing also retains the right to approve all sales channels used by the franchisee and can deny the use of other distribution channels or outlet types based on factors they deem appropriate. The franchise agreement does not grant the franchisee the right to sell products to vendors for resale to consumers, nor does it restrict Benjamin Franklin Plumbing or its affiliates from engaging in other business concepts. Additionally, the franchisee cannot relocate the Franchised Business without prior written consent from Benjamin Franklin Plumbing, and any relocation must be within the Territory.