Does Brueggers Bagels have the right to reduce the scope of the restrictions on competition outlined in the franchise agreement?
Brueggers_Bagels Franchise · 2025 FDDAnswer from 2025 FDD Document
- 19.3.1. We have the right, in our sole discretion, to reduce the scope of any restriction in Sections 19.1 and 19.2 by giving you written notice.
Source: Item 22 — CONTRACTS (FDD page 61)
What This Means (2025 FDD)
According to Brueggers Bagels' 2025 Franchise Disclosure Document, Brueggers Bagels has the right to reduce the scope of any restriction outlined in sections 19.1 and 19.2 of the agreement. This reduction can be enacted at Brueggers Bagels' sole discretion, provided they give the franchisee written notice.
This clause provides Brueggers Bagels with flexibility in enforcing non-compete agreements. It means that Brueggers Bagels can choose to lessen the restrictions on a franchisee if they deem it necessary or beneficial. This could be due to various factors, such as the franchisee's specific circumstances, the competitive landscape, or Brueggers Bagels' strategic goals.
For a prospective franchisee, this clause offers a degree of potential leniency. While the non-compete restrictions are initially defined, there is a possibility that Brueggers Bagels might reduce these restrictions, providing more freedom for the franchisee in the future. However, it's important to note that this is entirely at Brueggers Bagels' discretion and is not guaranteed.