For Canine Dimensions, does the non-solicitation agreement apply to entities that were actively pursued by Canine Dimensions during the employee's tenure?
Canine_Dimensions Franchise · 2025 FDDAnswer from 2025 FDD Document
Employee agrees, in addition to the provisions of Paragraph C.1. hereof, that for the period of two (2) years following the termination of his employment (for whatever reason and whether voluntary or not) he will not directly or indirectly solicit, entice, divert, lure, pirate, take away or interfere with any of the Employer's or Franchisor's customers, trade, business, patronage, suppliers, employees, agents or consultants within fifty (50) miles of any Franchised Business in the System. As used herein "customers" shall mean: any person, business or entity which either (i) has transacted any business with Employer or Franchisor; or (ii) was actively pursued by the Employer or Franchisor, during the term of Employee's employment, to become a customer of the Employer or Franchisor; or (iii) whose identity became known to Employee as a result of Employee's access to a customer list or other Confidential Information of Employer or Franchisor (including, but not limited to, response cards, target lists, leads, etc.).
Source: Item 22 — CONTRACTS (FDD page 36)
What This Means (2025 FDD)
According to Canine Dimensions' 2025 Franchise Disclosure Document, the non-solicitation agreement does apply to entities actively pursued by Canine Dimensions during an employee's tenure. Specifically, the agreement prevents former employees from soliciting or interfering with the franchisor's or franchisee's customers.
The definition of "customers" includes any person, business, or entity that either has transacted business with Canine Dimensions or its franchisees, or was actively pursued to become a customer during the employee's term. This extends the protection beyond existing clients to also include prospective clients that Canine Dimensions or its franchisees were actively trying to acquire.
This provision is in effect for two years following the termination of employment, regardless of the reason for termination (voluntary or involuntary). The non-solicitation clause applies within fifty (50) miles of any Franchised Business in the System. This measure aims to protect Canine Dimensions' customer relationships and business interests by preventing former employees from leveraging their knowledge and contacts gained during their employment to unfairly compete with the franchise.