Can Buff City Soap establish and operate businesses other than a BCS Makery under the Marks?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
(4) to establish and operate, and license others to establish and operate, any business other than a BCS Makery, including other shops or retail businesses, under the Marks or under other marks, including Makeries or other businesses that we or its affiliates may operate, acquire, be acquired by, or be merged or consolidated with; and
- (5) to establish and operate and license others to establish and operate, BCS Makeries and other retail facilities in any Reserved Area whether or not located within the Protected Area. A Reserved Area is any location that by its nature is unique and separate in character from locations generally developed as BCS Makeries, which include military bases, airports, shopping malls, hospitals, campuses, schools, hotels, casinos and other mass gathering locations or events. Because we may operate and authorize others to operate BCS Makeries in any Reserved Area, you will not receive an exclusive territory. You may face competition from other franchisees, from outlets that we own, or from other channels of distribution or competitive brands that we control.
Source: Item 12 — TERRITORY (FDD pages 43–45)
What This Means (2025 FDD)
According to Buff City Soap's 2025 Franchise Disclosure Document, Buff City Soap retains the right to establish and operate businesses other than a BCS Makery under the Marks. This includes other shops or retail businesses. They can also license others to do the same. These other businesses can be under the Marks or other trademarks, including Makeries or other businesses that Buff City Soap or its affiliates may operate, acquire, be acquired by, or be merged or consolidated with.
This means that as a Buff City Soap franchisee, you may face competition from other businesses operated or licensed by the franchisor, even if they operate under a different brand. These businesses could sell similar products or services to those offered at a BCS Makery. This right is retained by Buff City Soap both within and outside of a franchisee's protected area.
Buff City Soap also has the right to offer and sell products and services similar to those at BCS Makeries (such as packaged personal care products, clothing, merchandise and other Buff City Soap memorabilia), under the Marks or other trademarks at or from any location or through any channel of distribution. These locations can include spas, salons, boutiques, supermarkets, discount stores, department stores and convenience stores, hospitals, health care facilities, airports, stadiums, business or industry locations, military installations, military commissaries, universities, schools, the internet, other retail locations or wholesale channels and other retail facilities such as kiosks and multi-brand facilities. This broad reservation of rights highlights the importance of understanding the competitive landscape and market conditions before investing in a Buff City Soap franchise.