Where must a Buff City Soap franchisee operate their Makery?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
- (b) Premises. This Agreement does not grant to Franchisee the right or license to operate the Makery or to offer or sell any Products at or from any location other than the Premises.
- (c) Relocation. Franchisee will not relocate the Makery without the express prior written consent of Franchisor. If Franchisee is unable to continue the operation of the Makery at the Premises because of the occurrence of a Force Majeure Event, then Franchisee may request approval of Franchisor to relocate the Makery to another location in the Designated Area. Any other request to relocate the Makery will be at Franchisor's sole option. If Franchisor elects to grant Franchisee the right to relocate the Makery, then Franchisee will comply with Franchisor's then-current site selection and construction procedures.
(d) Designated Area/Protected Area.
- (1) Franchisee must operate the Makery at a site within the Designated Area.
Upon Franchisor's approval of the Premises and the Parties' execution of Exhibit G identifying the location of the Premises, Franchisee's Protected Area will be described in Exhibit G and deemed incorporated herein.
Except as otherwise provided in this Agreement (including without limitation Franchisor's reserved rights set forth in Section 2(e)), and subject to Franchisee'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.
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 must operate their Makery at a specific site within a Designated Area. This Designated Area is determined by Buff City Soap. Once the location of the Premises is approved by Buff City Soap and documented in Exhibit G, it establishes the franchisee's Protected Area.
Buff City Soap will not operate or authorize anyone else to operate a Buff City Soap Makery within the franchisee's Protected Area during the term of the agreement, offering the franchisee a degree of exclusivity. However, this protection does not apply to Buff City Soap makeries already operating or in development within the Designated Area as of the agreement's effective date. The Protected Area also dictates where the franchisee can solicit business and sell products or services.
The franchisee cannot operate the Makery or sell products from any location other than the approved Premises. Relocation of the Makery requires the franchisor's express written consent. If a Force Majeure Event (an event outside of anyone's control such as a natural disaster) forces the franchisee to close the Makery, the franchisee can request approval to relocate within the Designated Area. Any other relocation request is at Buff City Soap's sole discretion and will require compliance with their site selection and construction procedures.