What is the 'Designated Area' for a Beyond Juicery Eatery franchise?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
1.01 You have applied for a franchise to own and operate a Beyond Juicery + Eatery Restaurant. Subject to all of the terms and conditions of this Agreement and upon complete execution of this Agreement by all parties, we hereby grant to you a franchise (the "Franchise") to operate a single Beyond Juicery + Eatery Restaurant at a single Location utilizing the System and the Trademarks within a geographic area (the "Designated Area") as we determine. During the Initial Term and for so long as no uncured Event of Default has occurred, we will not establish, nor authorize any other person to establish a Beyond Juicery + Eatery Restaurant within your Designated Area. However, enclosed malls, institutions (such as without limitation, hospitals, schools, military bases, or convention centers), airports, parks (including theme parks), casinos, and sports arenas will be excluded from your Designated Area and we may open other Restaurants, or franchise the right to open Restaurants to other persons, at any of these locations, regardless of where they are located and regardless of the name under which they operate. The Designated Area and Location are described in Attachment 1 attached to this Agreement.
Except as expressly limited by the preceding paragraphs, we and our affiliates retain all rights with respect to Beyond Juicery + Eatery Restaurants, the Trademarks, the sale of similar or dissimilar products and services, and any other activities we deem appropriate whenever and wherever we desire, including, but not limited to:
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, the 'Designated Area' is a geographic area determined by the company where the franchisee is authorized to operate a single Beyond Juicery Eatery restaurant. During the initial term of the franchise agreement, Beyond Juicery Eatery will not establish or authorize anyone else to establish another Beyond Juicery Eatery restaurant within the franchisee's designated area, provided the franchisee is not in default of the agreement. However, this exclusivity has some limitations.
Specifically, certain locations are excluded from the designated area. These include enclosed malls, institutions like hospitals and schools, military bases, convention centers, airports, parks (including theme parks), casinos, and sports arenas. Beyond Juicery Eatery retains the right to open other restaurants or franchise the right to open restaurants to others at these excluded locations, regardless of their proximity to the franchisee's location or the name under which they operate. The specific details of the Designated Area and the restaurant location are described in Attachment 1 to the Franchise Agreement.
Attachment 1 to the franchise agreement further clarifies that the franchisee's designated area is defined by specific borders or depicted in an attached map. The location of the restaurant must be approved by Beyond Juicery Eatery. Additionally, the franchisee's delivery area is also defined by borders or a map. It is important to note that Beyond Juicery Eatery retains various rights, including the right to sell products through alternative channels (such as vending machines and online platforms) and the right to operate businesses offering dissimilar products and services, both inside and outside the franchisee's designated area. They also retain the right to allow third-party delivery service providers to deliver orders within the designated area under any terms and conditions they deem appropriate.