Does the Bevaris Alliance agreement specify that the restrictions apply to the Individual as well as the Franchisee?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
- 20.3 The restrictions imposed on the Franchisee and the Individual by this clause 20 apply to them acting:
- (a) directly or indirectly; and
- (b) on their own behalf or on behalf of, or in conjunction with, any firm, company or person.
- 20.4 Each of the restrictions in this clause 20 is intended to be separate and severable. If any of the restrictions are held to be void but would be valid if part of their wording were deleted, such restriction shall apply with such deletion as may be necessary to make it valid or effective.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, the agreement explicitly states that certain restrictions apply to both the Franchisee and the Individual. Clause 20 outlines these restrictions, which primarily aim to protect the Confidential Information, trade secrets, and business connections of Bevaris Alliance and its other franchisees. These restrictions are designed to prevent unfair competition and protect the brand's interests.
The restrictions imposed on the Franchisee and the Individual apply whether they are acting directly or indirectly, and whether they are acting on their own behalf or on behalf of, or in conjunction with, any firm, company, or person. This broad application ensures that the restrictions cannot be circumvented through indirect actions or partnerships. The agreement also specifies that these restrictions are in effect during the term of the agreement and for 24 months after its termination or expiration.
Specifically, the Franchisee and the Individual are prohibited from soliciting or enticing away customers of Bevaris Alliance or its other franchisees, offering employment to employees of Bevaris Alliance or its other franchisees, and being involved with any business concern that competes with Bevaris Alliance. These restrictions are intended to prevent the Franchisee and the Individual from using their knowledge and connections gained during the franchise term to unfairly compete with Bevaris Alliance after the agreement ends. Each restriction is designed to be separate and severable, ensuring that if one restriction is deemed void, the remaining restrictions still apply.