Can Buff City Soap advertise and promote the System within the Developer's Territory?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Reserved Rights. Franchisor retains all rights inside and outside the Territory except those that are expressly granted to Developer in this Agreement. Without limiting Franchisor's and its Affiliates' rights described in this Section 2(b), Franchisor and its Affiliates and any other authorized Person may, among other things:
- (1) Advertise and promote the System within and outside the Territory;
Source: Item 23 — Receipts (FDD pages 69–186)
What This Means (2025 FDD)
According to the 2025 Buff City Soap FDD, Buff City Soap retains the right to advertise and promote the System both within and outside a developer's territory. This means that even though a developer is granted a specific territory, Buff City Soap can still conduct advertising and promotional activities within that area.
This reservation of rights extends beyond just advertising. Buff City Soap also retains the right to operate, and license others to operate Buff City Soap Makeries at any location outside the territory, including locations adjacent to it. They can also offer and sell approved collateral products and services through various channels of distribution, such as grocery stores, the Internet, and other retail locations, without restriction, except for establishing another Buff City Soap Makery within the territory.
Buff City Soap also reserves the right to establish and operate any business other than a Buff City Soap Makery, including other retail stores, under the Buff City Soap marks or other marks. They can also establish and operate Buff City Soap Makeries and other retail facilities in any Reserved Area, whether or not it is located within the developer's territory. This comprehensive reservation of rights gives Buff City Soap significant control over marketing and operations, even within a developer's territory, and could impact a developer's business strategies and potential revenue streams.