factual

Under the City Publications franchise agreement, are there any restrictions on the franchisee's household members regarding involvement with a Competitive Business?

City_Publications Franchise · 2025 FDD

Answer from 2025 FDD Document

[Item 23: RECEIPT]

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: [Item 23: RECEIPT]

    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. Franchisee agrees that each of the terms set forth herein, including the restrictive covenants, is fair and reasonable, and are reasonably required for the protection of Franchisor and the Franchise System.

D. Remedies

As any breach by Franchisee of any of the covenants contained in this Section would result in irreparable injury to Franchisor, and as the damages arising out of any such breach would be difficult to ascertain, Franchisee agrees that, in addition to all other remedies provided by law or in equity, Franchisor, in the event of a breach or threatened breach of the covenants herein contained, shall be entitled to seek immediate equitable remedies including, but not limited to, restraining orders, preliminary and permanent injunctions in order to prevent Franchisee, its partners, members, officers, directors or employees from continuing to breach the covenants contained in this Section 17.

E. Severability


[Item 23: RECEIPT]

SECTION 1. DEFINITIONS

Whenever used in this Agreement, unless there is something in the subject matter or context inconsistent therewith, the following words and terms shall have the respective meanings ascribed to them as follows:

  • "Affiliate" means any business entity that controls, is controlled by, or is under common control with Franchisor;
  • "Agreement" means this agreement entitled "CITY PUBLICATIONS FRANCHISE GROUP, INC. Franchise Agreement" and all instruments supplemental hereto or in amendment or confirmation hereof;
  • "Appointment Services" means the lead generation and appointment setting assistance Franchisor provides to Franchisee during training. This service is optional and available through approved vendors after completion of training;
  • "Advertising Fee" means the fee Franchisor charges Franchisee for National Advertising Services;
  • "Card Deck" means the packaged advertisements targeting affluent homeowners within Franchisee's Exclusive Territory which are produced using high quality artwork, designs, four (4) color printing and card stock; the primary product of CITY PUBLICATIONS Businesses;
  • "CITY PUBLICATIONS Franchise" or "Franchise" means the right granted to Franchisee by Franchisor pursuant to this Agreement to use the System and the Marks;
  • "Competitive Business" means any business that sells, or grants franchises or licenses to others to operate a 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 Franchisor or its other franchisees; provided, however, that the term "Competitive Business" shall not apply to: (a) any business operated by Franchisee under a Franchise Agreement with Franchisor, or (b) ownership for investment purposes of less than five percent (5%) of the stock of any publicly-traded corporation in which similar services as those offered as part of the System are sold only as an ancillary product, constituting less than ten percent (10%) of the aggregate gross sales of such business. Without limiting the foregoing, "Competitive Business" includes, among other things, magazines and any other print ads, internet advertising, email advertising, QR codes, and search engine optimization services;

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

What This Means (2025 FDD)

According to City Publications' 2025 Franchise Disclosure Document, the franchise agreement places restrictions on the franchisee and certain related parties regarding involvement with competitive businesses, both during the term of the agreement and for a period of two years after termination. Specifically, these restrictions extend not only to the franchisee but also to their partners, officers, directors, members, executives, professional staff, sales staff, and the spouses of any of these individuals. These parties are prohibited from directly or indirectly engaging with a Competitive Business without written approval from City Publications. A "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 the franchisor or its other franchisees.

During the term of the agreement, the franchisee and the specified related parties are restricted from owning an interest in, managing, operating, being employed by, or acting as a consultant to any Competitive Business. They are also prohibited from attempting to hire employees of City Publications or its other franchisees, or from diverting business from City Publications to a Competitive Business.

After the termination of the franchise agreement, these restrictions continue for two years, preventing the franchisee and the specified related parties from engaging in similar activities with a Competitive Business. The restrictions apply regardless of the reason for termination. These covenants are acknowledged by the franchisee as essential to the agreement, and the franchisee agrees that they are fair and reasonably required for the protection of City Publications and the franchise system. City Publications retains the right to seek legal remedies, including injunctions, in the event of a breach or threatened breach of these covenants.

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.