Is a Cr3 American Exteriors franchisee likely to face competition from other franchisees?
Cr3_American_Exteriors Franchise · 2025 FDDAnswer from 2025 FDD Document
You will not receive an exclusive territory. You may face competition from other franchisees, from outlets that we own, from other channels of distribution or competitive brands that we control.
While you will not receive an exclusive territory, your Territory will be protected in that we will not establish a company-owned location or allow another person to establish a franchised outlet selling the same or similar goods or services under the same or similar trademarks or service Marks within your Territory, except as described in this Item 12.
Our territories are not entirely exclusive, because you (and other franchisees of ours) may accept customers outside of your (or their) territory through general networking or referrals from existing customers. However, other activity outside of the Territory is restricted. You may not solicit clients outside of your Territory, through the use of other channels of distribution, such as the Internet, catalog sales, telemarketing, or other direct marketing. We will permit you to utilize internet and social media marketing; however, you must take commercially reasonable efforts to ensure such marketing is geocentric and tailored to your Territory. Further, if more than 25% of your Gross Revenues are derived from approved operations from outside your Territory in any 12-month period during the term of your franchise agreement, then you must either purchase an additional franchise and execute a separate franchise agreement for such territory or purchase the right to expand the geographical boundaries of your existing Territory.
Source: Item 12 — TERRITORY (FDD pages 38–39)
What This Means (2025 FDD)
According to Cr3 American Exteriors's 2025 Franchise Disclosure Document, a franchisee may face competition from other franchisees. While Cr3 American Exteriors grants a territory defined by zip codes, natural, or political boundaries, typically including a minimum population of approximately 500,000 residents, this territory is not exclusive.
Cr3 American Exteriors retains the right to use other channels of distribution, such as the Internet, catalog sales, telemarketing, or other direct marketing sales, to solicit or accept customers within a franchisee's territory. They can do this using their principal trademarks (or another trademark) without compensating the franchisee. Cr3 American Exteriors may also implement cross-territorial protocols for situations like group advertising buys, which could extend into multiple territories.
Furthermore, Cr3 American Exteriors has the right to establish and operate, or grant rights to others to establish and operate, a franchised business or similar businesses at any locations outside of the franchisee's territory and on any terms and conditions they deem appropriate. They can also engage in transactions with other businesses, even competitors, which may have competing outlets within a franchisee's territory, although they will not convert any acquired business in the territory to a franchise using their primary trademarks during the term of the Franchise Agreement. These factors indicate that while a territory is defined, it is not protected from competition from other franchisees or channels controlled by Cr3 American Exteriors.