Does Beyond Juicery Eatery require franchisees to acknowledge the reasonableness of the restrictions in the agreement, including non-compete clauses?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, you have received and reviewed our Franchise Disclosure Document, have reviewed the Franchise Disclosure Document with counsel of your choice, you understand the terms of this Agreement and its consequences have been completely read and explained to you by your chosen counsel and you fully understand the terms of this Agreement and all Exhibits hereto.
WHEREAS, you have independently inspected the operations of other franchised businesses of other business concepts and independently inspected the operations of Restaurants operating the System and have satisfied yourself by the performance of your own due diligence that entering into this Agreement is your business decision.
WHEREAS, you have not relied upon any oral statements or other representations other than as are contained in our Franchise Disclosure Document.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to Beyond Juicery Eatery's 2025 Franchise Disclosure Document, franchisees acknowledge certain aspects of the agreement. Specifically, the franchisee acknowledges that they have received and reviewed the Franchise Disclosure Document with counsel, understand the terms of the agreement and its consequences, and that these terms have been completely read and explained to them by their chosen counsel. They also acknowledge that they fully understand the terms of the agreement and all exhibits attached. This indicates that franchisees are expected to be fully aware of and understand the restrictions within the franchise agreement, including any non-compete clauses.
Furthermore, the franchisee acknowledges that they have independently inspected the operations of other franchised businesses and Beyond Juicery Eatery restaurants, and have satisfied themselves through their own due diligence that entering into the agreement is their business decision. This suggests that franchisees are making an informed decision based on their own investigation and understanding of the business and its competitive landscape. The document also states the franchisee acknowledges they have not relied upon any oral statements or other representations other than what is contained in the Franchise Disclosure Document.
However, the FDD also includes addenda for California and Washington, which address the enforceability of certain clauses, including non-compete agreements, under those states' laws. For example, in California, the covenant not to compete that extends beyond the expiration or termination of the agreement may not be enforceable under California law. Similarly, in Washington, provisions that unreasonably restrict or limit the statute of limitations period for claims or restrict rights or remedies available under the Washington Franchise Investment Protection Act may not be enforceable. These addenda suggest that while franchisees acknowledge the agreement's terms, the enforceability of specific restrictions, like non-competes, can vary by jurisdiction and are subject to state laws.