factual

Are the franchisee's existing brands considered 'Competitive Businesses' to Buff City Soap?

Buff_City_Soap Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (k) "Competitive Business" means any retail establishment that, as determined by Franchisor, is the same as or substantially similar to the Makeries, including, without limitation, any personal body care product retail establishment or chain of retail establishments that feature products free of artificial detergents, surfactants, dyes, or harsh chemicals, or any retail establishment that has soaps, lotions, bath bombs and similar facial, body and hair care products collectively accounting for 25% or more of its average monthly gross sales for the retail establishment during the preceding 12 months (or, if the retail establishment has operated less than 12 months, the number of full calendar months of operation).

A Competitive Business does not include (i) other businesses that are licensed by Franchisor or any of its Affiliates; or (ii) Franchisee's Existing Brands.

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 existing brands are generally not considered 'Competitive Businesses.' The FDD defines a 'Competitive Business' as any retail establishment that Buff City Soap determines to be the same as or substantially similar to its Makeries. This includes personal body care product retail establishments or chains that feature products free of artificial detergents, surfactants, dyes, or harsh chemicals, or any retail establishment where soaps, lotions, bath bombs, and similar facial, body, and hair care products collectively account for 25% or more of its average monthly gross sales during the preceding 12 months.

However, the definition of 'Competitive Business' specifically excludes two categories: businesses licensed by Buff City Soap or its affiliates, and the franchisee's existing brands. This exclusion allows franchisees to continue operating their pre-existing businesses without them being classified as competitive to Buff City Soap.

Exhibit G of the FDD further clarifies this by stating that Buff City Soap approves the continued operation of the franchisee's existing brands as of the effective date of the agreement. It also acknowledges that the franchisee may continue to develop additional units of these existing brands within the Designated Area during the term of the agreement, without creating any obligation to Buff City Soap. This provides franchisees with the assurance that their current business ventures will not be hindered by their involvement with Buff City Soap, offering a degree of flexibility and security in their investment.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.