factual

During the term of the Chicken Guy Franchise Agreement, can the franchisee hold interests in competitive businesses?

Chicken_Guy Franchise · 2025 FDD

Answer from 2025 FDD Document

n now or hereafter provided or disclosed to Franchisee regarding the System is disclosed in confidence; (e) Franchisee has no right to disclose any part of the System to anyone who is not an employee of Franchisee; (f) Franchisee will disclose to its employees only those parts of the System that an employee needs to know; (g) Franchisee will have a system in place to ensure its employees keep confidential Chicken Guy's trade secrets and confidential and proprietary information, and, if requested by Chicken Guy, Franchisee shall obtain from those of its employees designated by Chicken Guy an executed Confidential Disclosure Agreement in the form prescribed by Chicken Guy; (h) Franchisee will not acquire any interest in the System; and (i) Franchisee's use or duplication of the System or any part of the System in any other business would constitute an unfair method of competition, for which Chicken Guy would be entitled to all legal and equitable remedies, including injunctive relief, without posting a bond.

  • (2) Franchisee shall not, during the term of this Agreement or at any time thereafter, communicate or disclose any trade secrets or confidential or proprietary information or know-how of the System to any unauthorized person, or do or perform, directly or indirectly, any other acts injurious or prejudicial to any of the Proprietary Marks or the System. Any and all information, knowledge, know-how and techniques, including all drawings, materials, equipment, specifications, recipes, techniques and other data that Chicken Guy or its affiliates designate as confidential, shall be deemed confidential for purposes of this Agreement.

C. Restrictions

(1) Franchisee acknowledges and agrees that: (a) pursuant to this Agreement, Franchisee will have access to valuable trade secrets, specialized training and confidential information from Chicken Guy and its affiliates regarding the development, operation, purchasing, sales and marketing methods and techniques of Chicken Guy and its affiliates and the System; (b) the System and the opportunities, associations and experience established and acquired by Franchisee under this Agreement are of substantial and material value; (c) in developing the System, Chicken Guy and its affiliates have made and continue to make substantial investments of time, technical and commercial research, and money; (d) Chicken Guy would be unable to adequately protect the System and its trade secrets and confidential and proprietary information against unauthorized use or disclosure and would be unable to adequately

encourage a free exchange of ideas and information among Chicken Guy! Restaurants if franchisees or developers were permitted to hold interests in competitive businesses; and (e) restrictions on Franchisee's right to hold interests in, or perform services for, competitive businesses will not hinder its activities.

  • (2) Accordingly, Franchisee covenants and agrees that during the term of this Agreement, and for a continuous period of 1 year following its expiration or earlier termination, Franchisee shall not, either directly or indirectly, for itself, or through, on behalf of, or in conjunction with, any person, firm, partnership, corporation, or other entity:
  • (a) Divert or attempt to divert any business or customer, or potential business or customer, of any restaurant franchised or operated by Chicken Guy or its affiliates to any competitor, by direct or indirect inducement or otherwise.

Source: Item 22 — CONTRACTS (FDD page 50)

What This Means (2025 FDD)

According to the 2025 Chicken Guy Franchise Disclosure Document, franchisees are restricted from holding interests in competitive businesses during the term of the Franchise Agreement. Chicken Guy acknowledges that franchisees will have access to valuable trade secrets, specialized training, and confidential information. The System's opportunities, associations, and experience are of substantial value, and Chicken Guy has made significant investments in its development.

During the term of the agreement, franchisees are prohibited from diverting business from any Chicken Guy restaurant to a competitor or having any direct or indirect interest in a restaurant business that features chicken as a primary menu item (at least 20% of sales) or whose operation or trade dress is similar to the Chicken Guy system. This restriction applies without geographical limitation during the term of the agreement.

Following the expiration or termination of the agreement, these restrictions continue for one year within the franchisee's Protected Area and within two miles of any existing Chicken Guy restaurant, unless otherwise approved in writing by Chicken Guy. However, these restrictions do not apply to the franchisee's existing restaurant or foodservice operations, if any, identified in the attached Data Sheet, or to other restaurants operated by the franchisee that are franchised by Chicken Guy or its affiliates. Franchisees are also restricted from selling, assigning, leasing, or transferring the Franchised Location to any person or entity that intends to operate a restaurant business that would violate these competitive restrictions for a period of one year after the agreement's expiration or termination.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.