factual

Does the City Publications franchise agreement prohibit owning an interest in a Competitive Business?

City_Publications Franchise · 2025 FDD

Answer from 2025 FDD Document

s, executives, and professional staff and managers and the spouses of each of the foregoing sign a like restrictive covenant which shall protect both Franchisor and Franchisee. Said covenants shall remain on file at the offices of Franchisee and are subject to audit or review as otherwise set forth herein.

A. Restriction During Term of Agreement

Franchisee covenants that, except as otherwise approved in writing by Franchisor, neither Franchisee nor any partner(s), officer(s), director(s), member(s), executives, professional staff or sales staff or the spouses of any of the foregoing shall, during the term hereof, either directly or indirectly, for itself or through, on behalf of or in conjunction with, any person, persons, partnership, corporation, limited liability company or other entity:

    1. Own an interest in, manage, operate, be employed, in a sales or management capacity, by, or act as a consultant to any Competitive Business anywhere;
    1. Initiate any action to hire, or attempt to hire for any other employer, any person who is employed by Franchisor or employed by any other franchisee of the CITY PUBLICATIONS System, or induce any such person to leave his employment with Franchisor or any other franchisee in order to work for any other employer, whether or not the person's employment with the business is pursuant to a written agreement or is at will; or
    1. Divert business of customers of the Franchised Business or other Franchisor or franchisee-owned CITY PUBLICATIONS Businesses to any Competitive Business.

B. Restriction After Termination

Franchisee covenants that, except as otherwise approved in writing by Franchisor, neither Franchisee nor any partner(s), officer(s), director(s), member(s), executives, or professional staff or sales staff or their spouses of any of the foregoing shall for a period of two (2) years after the expiration or termination of this Agreement regardless of the cause, either directly or indirectly, for itself or through, on behalf of or in conjunction with, any person, persons, partnership, corporation, limited liability company or other entity:

    1. Own an interest in, manage, operate, be employed, in a sales or management capacity, by, or act as a consultant to any Competitive Business anywhere within the Exclusive Territory granted to Franchisee, or within a radius of twenty-five (25) miles of any other Franchisor or franchisee-owned CITY PUBLICATIONS Business;

Source: Item 23 — RECEIPT (FDD pages 39–129)

What This Means (2025 FDD)

According to City Publications' 2025 Franchise Disclosure Document, the franchise agreement does address the ownership of a competitive business. During the term of the agreement, franchisees are restricted from owning an interest in, managing, operating, or being employed by a Competitive Business. This restriction applies to the franchisee, their partners, officers, directors, members, executives, professional staff, sales staff, and their spouses. This is in place to protect City Publications' interests and prevent conflicts of interest.

After the termination or expiration of the franchise agreement, the franchisee is restricted for a period of two years from owning an interest in a Competitive Business. This restriction applies regardless of the cause of termination. The term "Competitive Business" is defined as any business that sells direct mail advertising or similar services to those offered as part of the City Publications system, or in which confidential information could be used to the disadvantage of City Publications or its other franchisees.

However, there are exceptions to this restriction. The term "Competitive Business" does not apply to any business operated by the franchisee under a Franchise Agreement with City Publications, or ownership for investment purposes of less than five percent of the stock of any publicly-traded corporation in which similar services are sold only as an ancillary product, constituting less than ten percent of the aggregate gross sales of such business. These restrictions are put in place to protect City Publications' market share and confidential information, which is a common practice in franchising.

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.