What are the geographic limits of the non-competition covenant after the Bonchon franchise is terminated or expires?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
| Provisions | Section in Area Development Agreement | Summary |
|---|---|---|
| l. Our approval of transfer by you | Section 12.02, 12.03 and 12.04 | No transfer without our consent except as provided in Area Development Agreement (for example, transfer to a business entity you form for convenience). (Subject to state law.) |
| m. Conditions for our | Sections 12.03 | See l., above. |
| approval of transfer | and 12.04 | |
| n. Our right of first | None | Not applicable. |
| refusal to purchase | ||
| your business | ||
| o. Our option to | None | Not applicable |
| purchase your business | ||
| p. Your death or disa- bility | Section 12.04 | On your death or disability (if you are an individual), or the death or disability of your last surviving owner (if you are a business entity), that person’s rights pass to his or her "Estate". The Estate may continue operating the Business if it provides an acceptable Area Business Manager. This Area Business Manager must assume full time operation of the franchise within 90 days of death or disability. (Subject to state law.) |
| q. Non-competition | Section 11.01 | No involvement in competing business anywhere. (Subject to state law.) |
| covenants during the | ||
| term of the franchise | ||
| r. Non-competition covenants after the franchise is terminated or expires | Section 11.01 | No involvement in competing business for 2 years within your Development Territory, within a 20 mile radius of the perimeter of your Development Territory or within a 20 mile radius of the perimeter of (or within) any Bonchon Business (whether company-owned, franchised or otherwise established and operated). (Subject to state law.) |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION THE FRANCHISE RELATIONSHIP (FDD pages 71–81)
What This Means (2025 FDD)
According to Bonchon's 2025 Franchise Disclosure Document, if the franchise is terminated or expires, the franchisee is restricted from involvement in any competing business for two years. This restriction applies within the franchisee's Development Territory, within a 20-mile radius of the perimeter of their Development Territory, or within a 20-mile radius of the perimeter of (or within) any Bonchon Business, whether company-owned, franchised, or otherwise established and operated. This post-term non-compete is subject to state law, which may impact its enforceability.
This means that after leaving the Bonchon system, a former franchisee cannot operate or be involved with a competing restaurant within these defined geographic areas. The restrictions are designed to protect Bonchon's market share and brand recognition by preventing former franchisees from using their knowledge of Bonchon's operations to benefit a competing business in close proximity to existing Bonchon locations.
For a prospective franchisee, this non-compete clause is an important consideration. It limits their options if they decide to leave the Bonchon system, as they will be unable to operate a competing business in the specified areas for two years. Franchisees should carefully evaluate the size and location of their Development Territory and the proximity of other Bonchon locations to understand the full scope of these restrictions. They should also consult with legal counsel to understand how state law may affect the enforceability of the non-compete agreement.