Does the Bft agreement specify any geographic restrictions on where the franchises can be located?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
WHEREAS, Franchisor owns, administers and grants franchises for a system of fitness studios (the "Studios") that are currently identified by and use the trademark "BFT" and other related trademarks and service marks designated from time to time by Franchisor (the "Marks"), that reflect distinctive interior design and display procedures, and color scheme and décor (the "Trade Dress"), and that use certain of Franchisor's certain intellectual property including trade secrets, copyrights, confidential and proprietary information, and designated training and exercise methods and know-how, fitness equipment, furniture and fixtures, marketing, advertising and sales promotions, cost controls, accounting and reporting procedures, and personnel management systems (together with the Marks and Trade Dress, the "System"). Studios offer specialized instruction and related services that Franchisor authorizes from time to time and offer and sell certain merchandise and other products Franchisor authorizes for sale from time to time.
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 57–66)
What This Means (2025 FDD)
Based on the 2025 FDD, the provided excerpts include state-specific riders to the Bft franchise agreement for Illinois, Washington and New York. These riders primarily address legal compliance within those states, such as waivers, non-competition covenants, and franchisee rights. The documents do not specify explicit geographic restrictions on where a Bft franchise can be located.
However, the riders indicate that certain provisions of the franchise agreement may be unenforceable in specific states due to state laws. For example, Washington state law impacts the enforceability of non-competition covenants against employees and independent contractors of franchisees. Similarly, Illinois and New York have state-specific regulations regarding waivers of rights and other legal protections for franchisees.
While the excerpts do not detail geographic restrictions, they highlight the importance of understanding state-specific laws that may affect the operation and enforcement of the franchise agreement. A prospective Bft franchisee should consult with the franchisor to understand if there are any location restrictions. They should also seek legal counsel to understand how local and state laws could impact their franchise agreement and operations.