Does the Beyond Juicery Eatery Developer's consent required for modifications to the non-compete covenants?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
Franchisor has the right to require any holder of a legal or beneficial interest in Developer (and any member of their immediate families or households), and any officer, director, executive, member, manager, or member of the professional staff and all employees of Developer to execute a nondisclosure and/or non-competition agreement, in a form as required by Franchisor, upon execution of this Agreement or prior to each such person's affiliation with Developer.
Upon Franchisor's request, Developer shall provide Franchisor with copies of all nondisclosure and/or noncompetition agreements signed pursuant to this Section 6.
Such agreements shall remain on file at
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 Beyond Juicery Eatery FDD, the Developer's consent is not explicitly required for modifications to the non-compete agreements. However, the FDD states that Beyond Juicery Eatery has the right to require any holder of a legal or beneficial interest in the Developer, their families, and the Developer's staff to execute a non-disclosure and/or non-competition agreement in a form required by Beyond Juicery Eatery. This agreement must be executed upon the execution of the Area Development Agreement or before the person's affiliation with the Developer.
Beyond Juicery Eatery also requires that the Developer obtains non-disclosure and confidentiality agreements and covenants not to compete from certain individuals and key employees in a form satisfactory to them. The Developer must provide Beyond Juicery Eatery with copies of all non-disclosure and/or non-competition agreements signed.
These stipulations suggest that while the Developer's direct consent isn't mentioned regarding modifications, Beyond Juicery Eatery maintains control over the form and requirement of these agreements. Therefore, a prospective developer should clarify with Beyond Juicery Eatery the extent to which these agreements can be modified and under what conditions, as well as the approval process for these agreements.