Are parks excluded from the Designated Area for a Beyond Juicery Eatery franchise?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
Within your Designated Area, neither we nor our affiliates have or will grant franchises or operate company-owned or affiliate-owned brick and mortar Restaurants using our Trademarks. Notwithstanding the foregoing, under the Franchise Agreement, 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. As a result, you do not receive an "exclusive" territory since we and our affiliates also have the right, in our sole discretion, to grant or operate other franchises outside of your Designated Area even if they compete for or deliver to customers within your Designated Area. If the Restaurant is located in an enclosed mall, institution, airport, casino, park, or sports arena, then the Franchisee's Designated Area will be limited to the confines of that enclosed mall, institution, airport, casino, park, or sports arena. You may face competition from other franchisees, from outlets that we own, or from other channels of distribution or competitive brands that we control.
Source: Item 12 — TERRITORY (FDD pages 42–45)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, parks, including theme parks, are specifically excluded from a franchisee's designated area. This means that while a franchisee is granted a designated area in which Beyond Juicery Eatery will not establish another brick and mortar restaurant, Beyond Juicery Eatery retains the right to open other restaurants or franchise the right to open restaurants to other persons in parks, regardless of location.
This exclusion has significant implications for potential franchisees. It means that Beyond Juicery Eatery could place a company-owned or franchised location inside a park within or near a franchisee's designated area, increasing competition. The FDD also states that if a Beyond Juicery Eatery restaurant is located in a park, the franchisee's designated area will be limited to the confines of that park.
Beyond Juicery Eatery franchisees do not receive an exclusive territory, as Beyond Juicery Eatery and its affiliates retain the right to grant or operate other franchises outside of a franchisee's designated area, even if they compete for or deliver to customers within that area. This lack of exclusivity, combined with the exclusion of parks from the designated area, means that franchisees may face competition from other Beyond Juicery Eatery locations, including those in parks, as well as from other channels of distribution or competitive brands that Beyond Juicery Eatery controls.