factual

When do the restrictions on Bonchon and its affiliates operating or franchising similar businesses within the Development Territory terminate?

Bonchon Franchise · 2025 FDD

Answer from 2025 FDD Document

For so long as the Area Development Agreement is in effect, neither we nor any of our affiliates (meaning any individual or entity we control, which controls us or which is under common control with us, together our "affiliates") will, within the Development Territory, operate or grant a franchise for a restaurant business operated under the Proprietary Marks of the type franchised to you, or a similar or competitive business, except for the rights we reserve that are described below (including, without limitation, our right to operate a Bonchon Restaurant or offer and sell Bonchon products and services at a Nontraditional Location located within your Development Territory). These restrictions, which are subject to the Trade Area Satisfaction Exception (as defined below), will terminate immediately upon the expiration or termination of the Area Development Agreement for any reason. If your Development Territory is comprised of various geographic trade areas within a particular or one or more cities, states or regions and we designate a specific number of Businesses that you may develop or operate within each geographic trade area, your exclusive right to develop and operate Bonchon Businesses within a certain geographic trade area will terminate once you have developed the specified number of Bonchon Businesses in the subject geographic trade area. For the avoidance of doubt, if your Development Territory includes City A, City B and City C and we grant you the right to develop two Bonchon Businesses in each city, then your right to develop Bonchon Businesses in City A will cease once you developed and commenced operations of two Bonchon Businesses. Accordingly, we will have the right to develop and operate or grant a third party the right to develop and operate additional Bonchon Businesses in City A, even if you have not fully satisfied your development obligations under your Area Development Agreement with respect to the other geographic trade areas within the Development Territory (e.g. in City B and City C) (the "Trade Area Satisfaction Exception"); provided, however, that neither we nor any third party will have the right to develop and operate a Bonchon Business within the Protected Territory granted under the Franchise

Source: Item 12 — TERRITORY (FDD pages 60–65)

What This Means (2025 FDD)

According to Bonchon's 2025 Franchise Disclosure Document, the restrictions on Bonchon and its affiliates from operating or franchising a similar restaurant business within the Development Territory will terminate immediately upon the expiration or termination of the Area Development Agreement for any reason. However, this is subject to the Trade Area Satisfaction Exception.

The Trade Area Satisfaction Exception states that if the Development Territory is comprised of various geographic trade areas within one or more cities, states, or regions, and Bonchon designates a specific number of Businesses that the franchisee may develop or operate within each geographic trade area, the franchisee's exclusive right to develop and operate Bonchon Businesses within a certain geographic trade area will terminate once the franchisee has developed the specified number of Bonchon Businesses in the subject geographic trade area. For example, if the Development Territory includes City A, City B, and City C, and Bonchon grants the franchisee the right to develop two Bonchon Businesses in each city, then the franchisee's right to develop Bonchon Businesses in City A will cease once the franchisee has developed and commenced operations of two Bonchon Businesses.

Accordingly, Bonchon will have the right to develop and operate or grant a third party the right to develop and operate additional Bonchon Businesses in City A, even if the franchisee has not fully satisfied its development obligations under its Area Development Agreement with respect to the other geographic trade areas within the Development Territory (e.g. in City B and City C). However, neither Bonchon nor any third party will have the right to develop and operate a Bonchon Business within the Protected Territory granted under the Franchise Agreement for each of the Bonchon Restaurants that the franchisee developed in City A pursuant to the Area Development Agreement except as otherwise permitted in the Franchise Agreement.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.