Can Better Blend acquire a competitor that has outlets in the franchisee's territory?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
- (iv) acquire or be acquired by (under any form of business transaction) a Competitor that has (or may in the future have) outlets in the Territory which compete with the Business under trademarks or service marks other than the Marks; and
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
According to Better Blend's 2024 Franchise Disclosure Document, Better Blend and its affiliates retain the right to acquire or be acquired by a competitor, even if that competitor has outlets within a franchisee's territory. This is permitted as long as the competitor operates under trademarks or service marks that are different from Better Blend's own marks. This clause is part of a broader set of rights retained by Better Blend, without any obligation to compensate the franchisee.
This provision means that a Better Blend franchisee could potentially face competition from a newly acquired competitor within their protected territory. However, this competition would have to operate under a different brand name and identity. The franchisee's protection extends only to businesses using the same or similar trademarks as Better Blend.
For a prospective franchisee, this highlights the importance of understanding the competitive landscape and potential acquisition targets in their desired territory. While Better Blend grants a protected territory against direct competition using its brand, it retains the flexibility to alter the competitive environment through acquisitions operating under different brands. Franchisees should carefully evaluate the potential impact of such acquisitions on their business and revenue projections.