Can Cicis establish and operate Cicis To Go Restaurants anywhere?
Cicis Franchise · 2025 FDDAnswer from 2025 FDD Document
- (4) We and our affiliates have and retain all rights within and outside the Protected Area that are not expressly and exclusively granted to you under this Agreement and the right to do anything that we have not, in this Agreement, expressly agreed not to do, including the right to do and to authorize others to do the following: (i) establish and operate Cicis Restaurants identified by the Marks at any location outside the Protected Area, including locations that are adjacent or proximate to the Protected Area, (ii) establish and operate Cicis Restaurants identified by the Marks in any Reserved Area (defined below) whether within or outside the Protected Area, (iii) establish and operate restaurants under other trade names, service marks, and trademarks at any location within or outside of the Protected Area, (iv) establish and operate Cicis To Go Restaurants anywhere in world, including within the Protected Area, (v) offer and sell, anywhere in the world (including within the Protected Area) any similar or dissimilar products and services, whether identified by the Marks or by other trademarks, trade names or service marks, through any channel or by any method of distribution other than a full-service Cicis Restaurant (including by or through a Cicis To Go Restaurant, the Internet or similar electronic media), on any terms and conditions we deem appropriate, and (vi) acquire, be acquired by, merge with, affiliate with or engage in any transaction with other businesses (whether competitive or not) located anywhere and, even if such businesses are located in the Protected Area, (x) convert the other businesses to the Cicis brand and allow them to operate as part of the System, and/or (y) permit the other businesses to continue to operate under another name and incorporate one or more elements of the System.
Source: Item 22 — CONTRACTS (FDD pages 64–65)
What This Means (2025 FDD)
According to Cicis's 2025 Franchise Disclosure Document, Cicis retains the right to establish and operate Cicis To Go Restaurants anywhere in the world. This includes locations within a franchisee's protected area. Cicis also retains rights to operate Cicis Restaurants outside of a franchisee's protected area, operate restaurants under other trade names, and offer similar or dissimilar products and services through various channels.
This means that while a franchisee may have a protected area for a traditional Cicis Restaurant, Cicis itself can still open Cicis To Go locations within that area. This could potentially lead to competition between the franchisee's restaurant and a corporate-owned Cicis To Go location. The franchisee's protected area only applies to other franchisees opening a Cicis Restaurant, not to Cicis itself.
This clause also allows Cicis to explore different business models and revenue streams without being restricted by existing franchise agreements. For example, Cicis could establish Cicis To Go Restaurants in non-traditional locations such as airports or food courts, or offer delivery-only services through a separate brand. Prospective franchisees should consider the potential impact of these reserved rights on their investment and market share.