Will the Crown Gold Exchange franchise agreement specify a territory?
Crown_Gold_Exchange Franchise · 2024 FDDAnswer from 2024 FDD Document
[Item 12: TERRITORY]
Your Location
Your franchise is for a specific location. If the specific location is not known at the time you sign a franchise agreement, then your location is subject to our approval.
Grant of Territory
Your franchise agreement will specify a territory, which will be determined by us. The territory will include a defined area and will generally be documented as a 50,000-population
center or a 5-mile radius from the location, whichever is less. Territories will be mapped based on the individual market circumstances for each unit sold. We will map out an area based on market research and the most recent available census data to come to territory modeling conclusions.
Relocation; Establishment of Additional Outlets
You do not have the right to relocate your business, and we have no obligation to approve any request for relocation. Our policy is to approve relocation of a franchisee's business on caseby-case basis, considering factors such as changes in demographics, profitability of your current business, or a loss of your premises due to circumstances beyond your control.
You do not have the right to establish additional franchised outlets unless you sign a Multi-Unit Development Agreement ("MUDA") in the form attached as Exhibit C to this disclosure document. If you and we sign a MUDA, then you will have the right to establish a mutually-agreed number of additional outlets on a mutually-agreed schedule. Under the MUDA, your right to develop additional outlets is subject to (1) you must comply with the mutually-agreed development schedule, (2) you must have sufficient financial and organizational capacity to develop, open, operate, and manage each additional Crown Gold Exchange business, (3) you must be in compliance with all brand requirements at your open Crown Gold Exchange business(es), and (4) you must not be in default under any other agreement with us. We will approve the location of future sites and territories for those sites, and our then-current standards for sites and territories will apply. You are not obligated to develop additional outlets under the MUDA, and you may terminate it any time without penalty. If you do not meet your development schedule in the MUDA, we have the right to terminate your right to develop additional outlets. [Item 12: TERRITORY]
Options to Acquire Additional Franchises
You do not receive any options, rights of first refusal, or similar rights to acquire additional franchises.
Territory Protection
In your franchise agreement, we grant you an exclusive territory. In your territory, we will not establish either a company-owned or franchised outlet selling the same or similar goods or services under the same or similar trademarks or service marks as a Crown Gold Exchange outlet. The continuation of your territorial protection does not depend on achieving a certain sales volume, market penetration, or other contingency. There are no circumstances that permit us to modify your territorial rights.
If you sign a MUDA, you will receive an exclusive territory as an area developer. In your territory, we will not establish either a company-owned or franchised outlet selling the same or similar goods or services under the same or similar trademarks or service marks as a Crown Gold Exhange outlet. The continuation of your territorial exclusivity depends on your adherence to the development schedule stated in the MUDA. If you fail to adhere to the development schedule, we will have the right to terminate your MUDA, but not any franchise agreements that are already signed.
Restrictions on Us from Soliciting or Accepting Orders in Your Territory
There are no restrictions on us from soliciting or accepting orders from consumers inside your territory. We reserve the right to use other channels of distribution, such as the internet, catalog sales, telemarketing, or other direct marketing sales, to make sales within your territory using our principal trademarks or using trademarks different from the ones you will use under your franchise agreement. We do not pay any compensation to you for soliciting or accepting orders from inside your territory.
Soliciting by You Outside Your Territory
There are no restrictions on you from soliciting or accepting orders from consumers outside of your territory, except that all marketing and advertising is subject to our approval.
Competition by Us Under Different Trademarks
Neither we nor any of our affiliates operates, franchises, or has plans to operate or franchise a business under a different trademark selling goods or services similar to those you will offer. However, the franchise agreement does not prohibit us from doing so.
Source: Item 12 — TERRITORY (FDD pages 24–26)
What This Means (2024 FDD)
According to Crown Gold Exchange's 2024 Franchise Disclosure Document, the franchise agreement will specify a territory. Crown Gold Exchange determines the territory, which includes a defined area generally documented as a 50,000-population center or a 5-mile radius from the location, whichever is less. The territories are mapped based on individual market circumstances, using market research and the most recent available census data.
Crown Gold Exchange grants franchisees an exclusive territory where it will not establish another company-owned or franchised outlet selling the same or similar goods or services under the same or similar trademarks. The continuation of territorial protection does not depend on achieving certain sales volumes or market penetration, and there are no circumstances that permit Crown Gold Exchange to modify the territorial rights.
However, there are no restrictions on Crown Gold Exchange from soliciting or accepting orders from consumers inside the franchisee's territory. Crown Gold Exchange reserves the right to use other channels of distribution, such as the internet, catalog sales, telemarketing, or other direct marketing sales, to make sales within the territory using its principal trademarks or trademarks different from the ones used under the franchise agreement. Franchisees receive no compensation for orders solicited or accepted from inside their territory by Crown Gold Exchange.
If a franchisee signs a Multi-Unit Development Agreement (MUDA), they will receive an exclusive territory as an area developer. The continuation of this territorial exclusivity depends on adherence to the development schedule stated in the MUDA. Failure to adhere to the development schedule gives Crown Gold Exchange the right to terminate the MUDA, but not any franchise agreements that are already signed.