What is Buff City Soap restricted from doing in the Designated Area before the Protected Area is identified?
Buff_City_Soap Franchise · 2025 FDDAnswer from 2025 FDD Document
During the term of the Franchise Agreement, neither we nor our affiliates will operate, franchise or license any other person or entity to operate a BCS Makery in the Designated Area until your Protected Area is identified, and, thereafter, will not operate or authorize any person other than you to operate a BCS Makery in the Protected Area. This restriction will not apply to any BCS Soap operating or under development by any person within the Designated Area as of the effective date of the Franchise Agreement. The Protected Area will be determined by us and stated in an Exhibit G of the Franchise Agreement that we send you.
Source: Item 12 — TERRITORY (FDD pages 43–45)
What This Means (2025 FDD)
According to Buff City Soap's 2025 Franchise Disclosure Document, before a franchisee's Protected Area is identified, Buff City Soap is restricted from operating, franchising, or licensing any other person or entity to operate a Buff City Soap Makery in the Designated Area. This restriction does not apply to any Buff City Soap location already operating or under development within the Designated Area as of the franchise agreement's effective date. The Protected Area will be determined by Buff City Soap and outlined in Exhibit G of the Franchise Agreement.
This means that once a prospective Buff City Soap franchisee signs the Franchise Agreement and a Designated Area is assigned, Buff City Soap will not allow any new competing Buff City Soap Makery to open in that Designated Area until the franchisee's specific Protected Area is determined. This provides a limited period of exclusivity to allow the franchisee to find an acceptable location within the Designated Area without direct competition from another new Buff City Soap outlet. However, any existing Buff City Soap locations or those already in development are exempt from this restriction.
It is important to note that this restriction is temporary, lasting only until the Protected Area is defined. After the Protected Area is established, Buff City Soap is free to operate or franchise other locations outside the Protected Area, even within the original Designated Area. This highlights the importance of carefully evaluating the size and boundaries of the Protected Area, as it will ultimately define the franchisee's exclusive territory. Prospective franchisees should also be aware of any existing Buff City Soap locations or those under development in the Designated Area, as these will not be subject to the initial restriction.
Buff City Soap does not offer exclusive territories, so franchisees may face competition from other franchisees, company-owned stores, or other channels of distribution. Franchisees should also be aware that Buff City Soap retains significant rights within and outside the Protected Area, including the right to advertise, promote the system, and offer products and services through various channels. These factors emphasize the need for franchisees to conduct thorough market research and develop a strong business plan to compete effectively in their local market.