During the term of the Bonchon franchise, can a franchisee be involved in a competing business?
Bonchon Franchise · 2025 FDDAnswer from 2025 FDD Document
t contract. | | | | s. | | | | You must arrange an inspection of the Bonchon Restaurant prior to |
| Provision | Section in Franchise Agreement* | Summary | |-------------------------------------------------------------------------------------------|---------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | | | the transfer and pay our On-site Inspection Upon Transfer Fee. Either you or the transferee must, at your/its expense, upgrade the Bonchon Restaurant to conform with then-current standards and specifications within the time we reasonably specify. t. You must pay us a transfer fee of $15,000 or such greater amount as is necessary to reimburse us for our reasonable costs and expenses associated with the application for transfer. Notwithstanding the foregoing, there will be no transfer fee if the assignee is a member of your immediate family. \nu. You must correct any existing deficiencies of the Restaurant of which we have notified you. (Subject to state law.) | | n. Our right of first | Section 14.06 | We can match any offer for your Business. (Subject to state law.) | | refusal to purchase | | | | your business | | | | o. Our option to purchase your business | Section 19.01 | We have the option to buy your franchised Business's assets upon termination or expiration. (Subject to state law.) | | p. Your death or disability | Section 14.05 | On your death or disability your rights pass to your "Estate". Your Estate may continue operating the Business if it provides an acceptable Operating Principal and General Manager. This Operating Principal must successfully complete our next Initial Training Program or Partner Training Program (as applicable) and assume full-time operation of the franchise within 1 month of your death or disability. From the date of your death or disability until an Operating Principal assumes full time control, we can operate your Business, but need not do so. See Item 6. Or, the Estate may sell the franchise in accordance with the requirements described in m. above. (Subject to state law.) | |
- q. Non-competition | Sections 12.02 | No involvement in competing business anywhere in U.S. (Subject to state law.) | | covenants during the | | | | term of the franchise
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, franchisees are restricted from involvement in any competing business during the term of their franchise agreement. This restriction is detailed in Item 17, which outlines the terms of non-competition covenants during the franchise term. This applies to both franchisees who sign a standard Franchise Agreement and those who sign an Area Development Agreement.
For a prospective Bonchon franchisee, this means that while operating a Bonchon franchise, they cannot own, operate, or be involved in any other business that competes with Bonchon. This restriction is broad, applying to any competing business anywhere in the U.S. for franchisees with a standard Franchise Agreement. For those with an Area Development Agreement, the restriction applies to any competing business anywhere.
These non-compete clauses are common in franchising to protect the brand and prevent franchisees from using proprietary information or business models to benefit competing ventures. Violation of this covenant could lead to termination of the franchise agreement. Franchisees should carefully consider this restriction, especially if they have existing business interests or plan to pursue other ventures during the franchise term. It is important to note that these restrictions are subject to state law, which may impact their enforceability.