Is the Bumble Roofing franchise granted to the franchisee exclusive?
Bumble_Roofing Franchise · 2025 FDDAnswer from 2025 FDD Document
4. TERRITORY
4.1 During the Initial Term and any Interim Period and for so long as Franchisee is in compliance with all of its obligations hereunder, except as otherwise provided in this Agreement, including Franchisor's reservation of rights as set forth in Sections 4.2, 4.4 and 4.7, neither Franchisor nor any Affiliate will establish or license another person or entity to establish a Roofing Business using the Marks licensed to Franchisee within the Territory encompassed by the boundaries and with the population base set forth in Attachment A, attached hereto and incorporated herein by reference. Except as otherwise specifically provided in this Agreement, this Agreement does not restrict Franchisor or its Affiliates and does not grant rights to Franchisee to pursue any of Franchisor's or its Affiliates other business concepts other than the Roofing Business.
4.2 Franchisee acknowledges that Franchise granted hereunder is non-exclusive and that Franchisor and its Affiliates retain the exclusive right, among others:
- (a) to use, and to license others to use, the Marks and System for the operation of Roofing Businesses at any location other than in the Territory, regardless of proximity to the Territory;
- (b) to use, license or franchise the use of trademarks or service marks other than the Marks, whether in alternative channels of distribution or at any location including the Territory, in association with operations that are the same as, similar to or different than Roofing Business;
(c) to use the Marks and the System in connection with the provision of other services and products or in alternative channels of distribution such as those described in 4.2(d), at any location including the Territory;
(d) to offer the Services or Products, or grant others the right to offer the Services or Products, whether using the Marks or other trademarks or service marks, through alternative channels of distribution, including without limitation, wholesalers, retail outlets or other distribution outlets (other than Roofing Businesses), or by Internet commerce (e-commerce), mail order or otherwise, whether inside or outside the Territory;
(e) to use any websites utilizing a domain name incorporating one or more of the words "Bumble Roofing" or similar derivatives thereof.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2025 FDD)
According to Bumble Roofing's 2025 Franchise Disclosure Document, the franchise granted is non-exclusive. While franchisees are granted a territory as defined in Attachment A, Bumble Roofing retains several rights that impact exclusivity.
Specifically, Bumble Roofing retains the right to use and license others to use the Bumble Roofing marks and system for roofing businesses outside the franchisee's territory, regardless of proximity. They can also use, license, or franchise other trademarks (not just Bumble Roofing) for businesses that are the same, similar, or different from the roofing business, even within the franchisee's territory.
Furthermore, Bumble Roofing can use the Bumble Roofing marks and system to provide other services and products, or through alternative distribution channels like wholesalers, retail outlets, e-commerce, or mail order, both inside and outside the franchisee's territory. They also reserve the right to use websites with domain names incorporating "Bumble Roofing" or similar names. This means a Bumble Roofing franchisee's territory is protected only against other directly competing Bumble Roofing franchisees, but not against other business activities of the franchisor itself.