Is a Buff City Soap franchisee allowed to solicit business outside of their Protected Area?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
nchisee's full compliance with this Agreement and any other agreement between Franchisee or any of its Affiliates and Franchisor or any of its Affiliates, neither Franchisor nor any Affiliate will operate or authorize any Person other than Franchisee to operate a Buff City Soap makery in the Designated Area until Franchisee's Protected Area is identified, and thereafter will not operate or authorize any Person other than Franchisee to operate a Buff City Soap makery in the Protected Area during the Term. Notwithstanding the foregoing, this Section 2(d) will not apply to any Buff City Soap makeries operating or in development by any Person within the Designated Area as of the Effective Date.
- (2) The Protected Area described above will affect where Franchisee may solicit business sell products and services. Franchisee can sell services and products to anyone from anywhere so long as such sales do not result from any direct solicitation activities outside of Franchisee's Protected Area and the services provided and products sold are being performed within the Protected Area. Franchisee acknowledges and understands that Franchisor, other franchisees, licensees and company-owned businesses reserve the same right to service customers and sell services and products to anyone from anywhere without compensation to Franchisee. Franchisee is prohibited from soliciting and marketing by any means (i.e. promotional materials, advertisements, Internet, social media, mobile applications, SMS texting, telephone, or any other means, electronic or otherwise) outside of its Protected Area and must not specifically engage in target marketing (defined below) within the Protected Area of another Buff City Soap® Makery (franchise and/or a company/affiliate owned business). Target Marketing means a concerted effort by a franchisee to solicit and obtain customers through any type of advertisement or marketing, directed at all or a portion of another franchisee's Protected Area. Franchisee may sell and ship products to people located outside of its Protected Area so long as its sales are not the result of solicitations outside its Protected Area or the result of Target Marketing activities by Franchisee.
- (3) Franchisee does not have the right to establish any additional or alternative channels of distribution (i.e. the Internet, Social Media or any other electronic means, including the telephone and SMS texting) without the express written permission of Franchisor, which may be withheld in our sole discretion.
Source: Item 23 — Receipts (FDD pages 69–186)
What This Means (2025 FDD)
According to the 2025 Buff City Soap Franchise Disclosure Document, a franchisee's ability to solicit business outside of their protected area is restricted. While franchisees can sell products and services to anyone from any location, these sales cannot result from direct solicitation activities occurring outside of the franchisee's protected area. The services must also be performed, and the products sold, within the protected area.
Buff City Soap franchisees are specifically prohibited from engaging in marketing or solicitation outside their protected area through various means, including promotional materials, advertisements, internet, social media, mobile applications, SMS texting, or telephone. Target marketing, defined as a concerted effort to solicit customers within another franchisee's protected area, is also prohibited. However, franchisees can sell and ship products to individuals outside their protected area, provided that these sales do not stem from solicitations or target marketing activities outside of their designated area.
Buff City Soap retains all rights inside and outside the protected area that are not expressly granted to the franchisee. This includes the right to advertise and promote the Buff City Soap system both within and outside the protected area, as well as the right to operate or license others to operate Buff City Soap makeries at any location outside the franchisee's protected area, even locations adjacent to it. This ensures that Buff City Soap maintains control over brand promotion and expansion, even within areas close to existing franchises.