factual

What is the geographic radius of the post-term non-competition covenant for a Churchs Chicken franchise, restricting ownership of fried chicken restaurants?

Churchs_Chicken Franchise · 2025 FDD

Answer from 2025 FDD Document

Provision Section in Franchise Agreement Summary
r. Non-Competition Covenants After the Franchise is Terminated or Expires §17 Post-term, non-competition covenants include a 2-year ban on owning any restaurant business that specializes in selling fried chicken within a 5-mile radius of your Restaurant or any Restaurant then in existence (which restriction does not apply to your existing Restaurants, if any, or to other restaurants you operate that are franchised by us or our affiliates). With respect to individual owners, the same covenant is contained in § 4 of the Guaranty Agreement.

Source: Item 19 — FINANCIAL PERFORMANCE REPRESENTATIONS (FDD pages 55–62)

What This Means (2025 FDD)

According to the 2025 Churchs Chicken Franchise Disclosure Document, the post-term non-competition covenant includes a geographic restriction. After the franchise term ends, a franchisee is banned from owning any restaurant business that specializes in selling fried chicken within a 5-mile radius. This radius is calculated from the franchisee's former Churchs Chicken Restaurant location or any other Churchs Chicken Restaurant then in existence.

This restriction does not apply to any existing restaurants the franchisee owns at the time of termination, or to other restaurants the franchisee operates that are franchised by Churchs Chicken or its affiliates. This exception is important for franchisees who may have multiple Churchs Chicken locations or other franchise businesses with the same franchisor.

Individual owners are also subject to the same non-competition terms, as outlined in Section 4 of the Guaranty Agreement. This ensures that the owners themselves cannot circumvent the non-compete by operating a competing business under a different entity. The non-compete lasts for a period of two years.

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.