Where is the Protected Area for a Buff City Soap franchise stated?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
The franchise you are granted will be for one specified location approved by us. When you sign the Franchise Agreement, unless you have selected and we have accepted the precise location of the Franchised Business, we will designate an area defined by zip codes, a map, shopping areas, or other means (the "Designated Area"). You must find a location acceptable to us within the Designated Area during the 60-day period after you sign the Franchise Agreement. During this period, we will not grant a BCS Makery franchise to any other party and our Affiliates will not open or develop another BCS Makery within the Designated Area. You must find a location acceptable to us within the Designated Area. When we accept the location within the Designated Area you propose, we will fix the boundaries of a "Protected Area" for the Franchised Business.
There will be no minimum geographic size to your Designated Area or Protected Area. The Protected Area will be determined by the demographics and population size specific to your location. The minimum population size of the target demographic group within your Protected Area is determined on a case-by-case basis depending on the results of demographic research. Protected Areas will range in size from a site-specific location, i.e., a street address, to a block, a zip code, or a defined measurable area, depending on where your Makery is located. Typically, Makeries located in metropolitan areas will receive a smaller Protected Area than Makeries located in suburban/rural areas. Your Protected Area will be described in Exhibit G to your Franchise Agreement. During the term of your Franchise Agreement, and provided that you are not in default, we will not establish or license another person to establish another Makery within your Protected Area.
Source: Item 12 — TERRITORY (FDD pages 43–45)
What This Means (2025 FDD)
According to Buff City Soap's 2025 Franchise Disclosure Document, the Protected Area for a franchise is not defined until after the Franchise Agreement is signed. Specifically, when a prospective franchisee signs the Franchise Agreement, Buff City Soap will designate an area defined by zip codes, a map, shopping areas, or other means (the "Designated Area"). The franchisee then has 60 days to find a location acceptable to Buff City Soap within the Designated Area. Once Buff City Soap accepts the proposed location, the boundaries of the "Protected Area" for the Franchised Business will be fixed. This Protected Area is described in Exhibit G to the Franchise Agreement.
Buff City Soap determines the Protected Area based on demographics and population size specific to the location, with the minimum population size of the target demographic group determined on a case-by-case basis depending on demographic research. The size of Protected Areas can vary, ranging from a site-specific location, such as a street address, to a block, a zip code, or a defined measurable area, depending on the location of the Makery. Typically, Makeries in metropolitan areas will have smaller Protected Areas compared to those in suburban or rural areas.
It is important to note that Buff City Soap does not offer exclusive territories. Franchisees may face competition from other franchisees, company-owned Makeries, other distribution channels, or competitive brands controlled by Buff City Soap. Additionally, the franchisee does not have a right of first refusal to establish additional locations within their Protected Area, nor do they have similar rights to obtain additional franchises. Buff City Soap also retains significant rights within and outside the Protected Area, including the right to advertise, promote the System, operate or franchise other BCS Makeries outside the Protected Area, and offer and sell products and services through various channels of distribution.