Does the Better Blend Franchise Agreement include a Guaranty and Non-Compete Agreement?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
Attachment 3 to Franchise Agreement
GUARANTY AND NON-COMPETE AGREEMENT
This Guaranty and Non-Compete Agreement (this "Guaranty") is executed by the undersigned person(s) (each, a "Guarantor") in favor of Better Blend Franchising, LLC, an Ohio limited liability company ("BBF").
Source: Item 22 — CONTRACTS (FDD page 43)
What This Means (2024 FDD)
Yes, according to the 2024 Better Blend Franchise Disclosure Document, the Franchise Agreement includes both a Guaranty and a Non-Compete Agreement. Attachment 3 to the Franchise Agreement is titled "GUARANTY AND NON-COMPETE AGREEMENT". This agreement is executed by the guarantor in favor of Better Blend Franchising, LLC.
Better Blend's Franchise Agreement also contains covenants not to compete. During the term of the agreement, the franchisee, any owner, or any spouse of an owner cannot have any interest in, lend money to, provide services to, or be employed by any competitor. After the agreement expires or is terminated, this restriction applies for two years within five miles of the franchisee's territory or any other Better Blend business. If the territory hasn't been determined, the non-compete area is the Site Selection Area and within five miles of any other Better Blend business.
The Guaranty also includes non-compete clauses. During the term of the Franchise Agreement, the Guarantor cannot have any involvement with a competitor. For two years after the agreement expires or is terminated, the Guarantor is restricted from involvement with any competitor within five miles of the franchisee's territory or another Better Blend business. If the Franchise Agreement is terminated before the territory is determined, the non-compete area is the Site Selection Area and within five miles of any other Better Blend business. Better Blend may also request that the franchisee's general manager and other key employees sign a confidentiality and non-compete agreement.