Are there any receipts related to restrictive covenants disclosed in the Better Blend franchise agreement?
Better_Blend Franchise · 2024 FDDAnswer from 2024 FDD Document
In the State of North Dakota only, this Disclosure Document is amended as follows:
THE SECURITIES COMMISSIONER HAS HELD THE FOLLOWING TO BE UNFAIR, UNJUST OR INEQUITABLE TO NORTH DAKOTA FRANCHISEES (NDCC SECTION 51-19-09):
-
- Restrictive Covenants: Franchise disclosure documents that disclose the existence of covenants restricting competition contrary to NDCC Section 9-08-06, without further disclosing that such covenants will be subject to the statute.
Source: Item 23 — RECEIPTS (FDD pages 43–157)
What This Means (2024 FDD)
According to the 2024 Better Blend Franchise Disclosure Document, there is a reference to restrictive covenants within the North Dakota addendum. Specifically, the FDD notes that North Dakota law finds it unfair or inequitable for franchise disclosure documents to disclose the existence of covenants restricting competition without further disclosing that such covenants will be subject to North Dakota statute. This suggests that while Better Blend's franchise agreement may contain restrictive covenants, their enforceability in North Dakota is subject to state law.
For a prospective Better Blend franchisee in North Dakota, this means that any non-compete or other restrictive covenant in the franchise agreement may not be fully enforceable as written. North Dakota law, as indicated in the FDD, imposes certain limitations on such covenants to protect franchisees. This could be a significant benefit, as it may allow a franchisee more flexibility to operate a similar business after the franchise agreement ends, compared to franchisees in other states with more permissive laws regarding restrictive covenants.
It is important for potential Better Blend franchisees in all states to carefully review the franchise agreement and any addenda related to their specific state to understand the scope and enforceability of any restrictive covenants. Franchisees should seek legal counsel to fully understand their rights and obligations under the franchise agreement, particularly concerning post-termination competition and other restrictions. Understanding these provisions is crucial for making an informed decision about investing in a Better Blend franchise.