factual

Does the definition of 'Competitive Business' for Cinnaholic include businesses that grant franchises or licenses to others?

Cinnaholic Franchise · 2025 FDD

Answer from 2025 FDD Document

For purposes of this Agreement, the term "Competitive Business" means any business operating, or granting franchises or licenses to others to operate, a bakery or other food service business (a) engaged in the retail or wholesale production or sale of baked goods (including, but not limited to, cinnamon rolls and other baked goods) and (b) that derives more than 50% of its revenue from sales of cinnamon rolls (other than another CINNAHOLIC® Bakery operated by Franchisee under license from Franchisor).

Source: Item 22 — CONTRACTS (FDD pages 61–62)

What This Means (2025 FDD)

According to Cinnaholic's 2025 Franchise Disclosure Document, the definition of a 'Competitive Business' does include businesses that grant franchises or licenses to others. Specifically, the FDD states that a Competitive Business means any business operating, or granting franchises or licenses to others to operate, a bakery or other food service business engaged in the retail or wholesale production or sale of baked goods, including cinnamon rolls and other baked goods.

This definition has significant implications for a Cinnaholic franchisee. During the term of the franchise agreement and for one year after, the franchisee is restricted from having any direct or indirect interest in a Competitive Business. This restriction extends not only to businesses that directly operate bakeries or food service businesses but also to those that franchise or license others to do so.

The restriction applies if the Competitive Business derives more than 50% of its revenue from the sale of cinnamon rolls. This means a Cinnaholic franchisee is prohibited from owning or working for another bakery or food service business that either directly competes with Cinnaholic or franchises/licenses others to do so, if that business relies heavily on cinnamon roll sales. This non-compete clause is standard in franchising to protect the brand and market share of the franchise system.

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.