What must a Deck Medic franchisee be in compliance with to be eligible for a Service Order?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
Out of Territory Rules
- (1) Franchisee must conduct the operations of the Franchised Business from within Franchisee's Operating Territory and Franchisee must provide the Approved Services and Products on behalf of customers located within Franchisee's Operating Territory. The marketing of the Franchised Business must be targeted to Franchisee's Operating Territory and, at all times, must conform and comply with, among other things, the restrictions set forth in Article 9.G. of this Agreement;
- (2) Provided that Franchisee: (i) does not engage in any Direct Solicitation of customers or potential customers outside of Franchisee's Operating Territory or, within the Operating Territory of another Deck Medic Business, (ii) Franchisee does not otherwise violate the restrictions set forth in Article 9 of this Agreement, and (iii) unless otherwise directed by Franchisor at any time, from time to time, and in Franchisor's sole direction, Franchisee may provide Approved Services and Products to a customer in an Open Area surrounding Franchisee's Operating Territory. Upon written notice from Franchisor for any reason or no reason at all, Franchisee must discontinue from providing Approved Services and Products in an Open Area; and
- (3) Once an Open Area becomes an Assigned Area, Franchisee shall cease communicating with customers previously serviced by Franchisee in the Open Area and Franchisee shall turnover to Franchisor, for the benefit of Franchisor or, another Deck Medic Business, all information and records related to the Approved Services and Products provided within the Open Area.
Nothing contained in this Article 3.I. shall expand either the non-exclusive franchise rights granted to franchisee in Article 2 of this Agreement or, Franchisee's Operating Territory and, in the event of any inconsistency or conflict between the terms of this Article 3.I. and Article 2, Article 2 shall take precedence and govern.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
Based on the 2024 Franchise Disclosure Document, a Deck Medic franchisee must adhere to specific rules regarding operating territory and customer solicitation to be eligible to provide services in certain areas. Specifically, the franchisee must operate and market their Deck Medic business within their designated Operating Territory and provide Approved Services and Products to customers within that territory.
However, a Deck Medic franchisee may provide Approved Services and Products to customers in an Open Area surrounding their Operating Territory if they meet certain conditions. These conditions include refraining from directly soliciting customers or potential customers outside of their Operating Territory or within another Deck Medic Business's territory. Additionally, they must not violate any restrictions outlined in Article 9 of the Franchise Agreement. The franchisor retains the right to direct the franchisee to discontinue providing services in an Open Area at any time, for any reason.
If an Open Area becomes an Assigned Area, the Deck Medic franchisee must stop communicating with customers they previously serviced in that Open Area. They must also turn over all information and records related to the Approved Services and Products provided within the Open Area to the franchisor, for the benefit of the franchisor or another Deck Medic Business. These rules are designed to maintain territorial integrity and prevent conflicts between franchisees while allowing some flexibility to service customers in adjacent Open Areas under specific conditions.