What is the definition of 'Restricted Business' in the Bevaris Alliance agreement?
Bevaris_Alliance Franchise · 2024 FDDAnswer from 2024 FDD Document
Restricted Business: any business of the Franchisor that is similar to the Franchisee's Business.
Source: Item 23 — RECEIPT (FDD pages 22–88)
What This Means (2024 FDD)
According to the 2024 Bevaris Alliance Franchise Disclosure Document, a 'Restricted Business' is defined as any business of the Franchisor that is similar to the Franchisee's Business. This definition is important because it is used in the context of post-term non-compete clauses.
Specifically, the franchise agreement states that during the term of the agreement and for 24 months after termination or expiration, the franchisee is restricted from being involved with any business concern that is in competition with any Restricted Business. This restriction applies if the franchisee acts as an agent, consultant, director, employee, owner, partner, or shareholder.
This clause aims to protect Bevaris Alliance's confidential information, trade secrets, and business connections, as well as those of its other franchisees. It prevents a franchisee from leveraging the knowledge and experience gained while operating a Bevaris Alliance franchise to directly compete with the franchisor or other franchisees after leaving the system. Prospective franchisees should carefully consider the scope and duration of this restriction, as it could limit their future business opportunities.