Are there any exceptions to the definition of 'Competing Business' for Beyond Juicery Eatery?
Beyond_Juicery_Eatery Franchise · 2025 FDDAnswer from 2025 FDD Document
- C. The right to establish and operate, and to grant to others the right to establish and operate, businesses offering dissimilar products and services, both inside and outside your Designated Area under the Trademarks and on any terms and conditions we deem appropriate;
- D. The right to operate, and to grant others the right to operate Beyond Juicery + Eatery Restaurants located anywhere outside your Designated Area under any terms and conditions we deem appropriate and regardless of the proximity to the Restaurant;
- E. The right to the assets or ownership interests of one or more businesses providing products and services similar to those provided at Beyond Juicery + Eatery Restaurants, and franchising, licensing or creating similar arrangements with respect to these businesses once acquired, wherever these businesses (or the Franchisees or licensees of these businesses) are located or operating (including in your Designated Area); and
- F. The right to be acquired (whether through acquisition of assets, ownership interests, merger or otherwise, regardless of the form of transaction), by a business providing products and services similar to those provided at Beyond Juicery + Eatery Restaurants, or by another business, even if such business operates, franchises and/or licenses competitive businesses in your Designated Area.
- G. The right to allow third-party delivery service providers to deliver orders within your Designated Area under any terms and conditions we deem appropriate.
We are not required to pay you if we exercise any of the rights specified above inside your Designated Area.
Source: Item 23 — RECEIPTS (FDD pages 60–337)
What This Means (2025 FDD)
According to the 2025 Beyond Juicery Eatery Franchise Disclosure Document, the franchise agreement grants Beyond Juicery Eatery several rights that could be seen as exceptions to any strict definition of 'competing business' within a franchisee's designated area. Specifically, Beyond Juicery Eatery retains the right to operate businesses offering dissimilar products and services, and to allow third-party delivery services, even within a franchisee's designated area. They can also operate or franchise other Beyond Juicery Eatery restaurants outside the franchisee's designated area, regardless of proximity.
Beyond Juicery Eatery also has the right to acquire ownership interests in businesses providing similar products and services, and to franchise or license these businesses, even if they operate within a franchisee's designated area. Furthermore, Beyond Juicery Eatery can be acquired by a business that operates competitive businesses in the franchisee's designated area. These rights allow Beyond Juicery Eatery to engage in activities that might otherwise be considered competitive, without any obligation to compensate the franchisee.
These exceptions mean that a Beyond Juicery Eatery franchisee's protected territory has some limitations. While the franchisee typically has exclusive rights within their designated area, Beyond Juicery Eatery retains considerable freedom to operate or partner with other businesses that may offer similar or different products and services, both inside and outside the designated area. This could impact the franchisee's market share and revenue potential. Prospective franchisees should carefully consider these exceptions and how they might affect their business before investing in a Beyond Juicery Eatery franchise.