Is the marketing of my Casiola Business restricted to a specific geographic area?
Casiola Franchise · 2024 FDDAnswer from 2024 FDD Document
Program.
Soliciting by You Outside Your Territory and Territory Rules
You must operate your Casiola Business and provide the Approved Services and Products exclusively within your Operating Market. The marketing of your Casiola Business must be targeted to your Operating Market and you are not permitted to directly solicit customers outside of your Operating Market. Provided that you do not engage in any Direct Solicitation of customers outside of your Operating Market or within the Operating Market of another Casiola Business, you may provide, subject to our written approval, Approved Services and Products within an Open Area, subject to the following definitions, rules, and limited circumstances:
(a) You cannot engage in any Direct Solicitations outside of your Operating Market. The term "Direct Solicitation" refers to and means "communications and/or contacts occurring through in person contact, telephone, mail, e-mail, direct mail, distributed print media, digital media and/or other forms of marketing directed toward customers, potential customers or referral sources of a Casiola Business";
- (b) You cannot provide Approved Services and Products in the Operating Market of another Casiola Business (an "Assigned Area");
- (c) An "Open Area" is a geographic area that (i) is not an Assigned Area; and (ii) is located within a 10 mile radius of your Operating Market;
- (d) Unless otherwise directed by us at any time, from time to time, and in our sole direction, you may provide Approved Services and Products to a customer (an "Out of Territory Customer") in an Open Area; and
- (e) Once an Open Area becomes an Assigned Area you will no longer be authorized or eligible to provide Approved Services and Products to any customers within the Open Area and you must turn over to us, for the benefit of another Casiola Business franchisee, all information and records related to customers in the Open Area.
Source: Item 12 — TERRITORY (FDD pages 30–32)
What This Means (2024 FDD)
According to Casiola's 2024 Franchise Disclosure Document, your marketing efforts are primarily restricted to your designated Operating Market. Casiola grants you the right to operate within this Operating Market, and the marketing of your Casiola Business must be targeted to this specific area. You are not permitted to directly solicit customers outside of your Operating Market. This means that your advertising and promotional activities should focus on attracting customers within your defined territory. However, you may provide services in an Open Area under certain conditions. An Open Area is defined as a geographic area within a 10-mile radius of your Operating Market that is not an Assigned Area.
While you cannot directly solicit customers outside your Operating Market or within another franchisee's Operating Market, you may provide Approved Services and Products in an Open Area, subject to Casiola's written approval. Direct Solicitation includes communications through in-person contact, telephone, mail, e-mail, direct mail, distributed print media, digital media, and other forms of marketing directed toward customers or referral sources. If an Open Area becomes an Assigned Area, you must cease providing services to customers in that area and transfer all related customer information to Casiola for the benefit of the new franchisee.
Casiola also retains certain rights that could impact your territory. They reserve the right to operate and franchise Casiola Businesses outside your Operating Market, irrespective of proximity. Casiola can also engage in activities such as acquisitions or mergers with other businesses, even those offering similar services, within your Operating Market, as long as they do not use the Licensed Marks. Additionally, Casiola can use the Licensed Marks and System to distribute services to corporate account customers, potentially overlapping with your territory. While you have the option to participate in Casiola's Corporate Accounts Program, declining participation allows Casiola to service those accounts within your territory directly or through other franchisees.