Does the Bft Franchise Agreement consider the rights and remedies conferred to the Franchisor or Franchisee as exclusive?
Bft Franchise · 2025 FDDAnswer from 2025 FDD Document
greement and recognizes that the nature of the business may change over time.
Franchisor is willing to grant Franchisee's request on the terms and conditions contained in this Agreement.
NOW, THEREFORE, in consideration of and reliance on the foregoing Recitals (which are incorporated herein by reference), the agreements described below, and other valuable consideration, receipt and sufficiency of which are acknowledged, the Parties agree as follows:
1. GRANT OF FRANCHISE
1.1 Grant. Franchisee agrees to, at all times, faithfully, honestly, ethically, and diligently perform its obligations under this Agreement and to use its best efforts to promote its BFT Studio (the "Studio") as described herein. Accordingly, Franchisor grants to Franchisee the non-exclusive right and license to establish and operate a single Studio, offering only the Approved Services and Approved Products and utilizing only the System and the Marks, at the location identified on Exhibit 1 or as determined in accordance with Section 1.2 below (the "Authorized Location"), in accordance with the provisions and for the Term (defined below) specified in this Agreement:
Franchisee agrees not to conduct the business of its Studio at any location other than the Authorized Location and to use the Aut
Source: Item 23 — RECEIPTS (FDD pages 79–265)
What This Means (2025 FDD)
According to Bft's 2025 Franchise Disclosure Document, the rights and remedies conferred to the franchisor are not considered exclusive. Specifically, while Bft grants the franchisee a non-exclusive right to operate a single studio at an authorized location, Bft retains all rights not expressly granted to the franchisee. This means Bft can operate or license others to operate Bft studios outside the franchisee's designated territory.
Bft reserves the right to do anything it does not expressly agree not to do in the Franchise Agreement, without regard to proximity to the franchisee's studio and without any compensation to the franchisee. This includes the right for Bft and its affiliates to open and operate, or license third parties to open or operate, other Bft studios outside the designated territory.
This lack of exclusivity in rights and remedies is a common arrangement in franchising, where the franchisor maintains broad control over the brand and system while granting franchisees specific, limited rights to operate within a defined scope. Prospective franchisees should carefully consider the implications of this non-exclusive arrangement, particularly in relation to potential competition from other Bft studios or business activities undertaken by the franchisor.