factual

What are the requirements for owners of a City Publications franchise regarding personal liability?

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;
    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. Solicit business from customers of Franchisee's former CITY PUBLICATIONS business or other Franchisor or franchisee-owned CITY PUBLICATIONS Businesses.

C. Reasonableness of Restrictions

Franchisee acknowledges that the restrictive covenants contained in Section 17 are essential elements of this Agreement

and that without their inclusion, Franchisor would not have entered into this Agreement.

Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 25–26)

What This Means (2025 FDD)

Based on the 2025 City Publications Franchise Disclosure Document, the franchise agreement includes restrictive covenants that place certain obligations on the franchisee and related parties. During the term of the agreement, the franchisee, along with their partners, officers, directors, members, executives, professional staff, sales staff, and their spouses, are restricted from engaging in any competitive business without the franchisor's written approval. This includes owning an interest in, managing, operating, being employed by, or acting as a consultant to a competitive business. They are also prohibited from hiring or attempting to hire employees of City Publications or its franchisees, or from diverting business from City Publications customers to a competitive business. These restrictions apply both directly and indirectly.

After the termination or expiration of the franchise agreement, these restrictions continue for a period of two years. During this time, the franchisee and the same related parties are prohibited from engaging in competitive activities within a specified area.

City Publications emphasizes that these restrictive covenants are essential to the franchise agreement and that the franchisor would not enter into the agreement without them. The franchisee acknowledges that these terms are fair, reasonable, and necessary to protect City Publications and its franchise system. If the franchisee breaches these covenants, City Publications is entitled to seek immediate equitable remedies, including restraining orders and injunctions, in addition to any other legal or equitable remedies available. This highlights the importance City Publications places on protecting its business interests and the potential legal ramifications for franchisees who violate these restrictions.

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.