factual

Following termination of a Deer Solution franchise, is the franchisee required to abide by post-termination non-competition covenants?

Deer_Solution Franchise · 2025 FDD

Answer from 2025 FDD Document

abandon or fail to continuously own and operate the Franchised Business. |

i. Franchisee's obligations on termination/non-renewal 6, 17 You must: pay all sums that you owe to us under the Franchise Agreement and all other agreements with us; cease owning and operating the Franchised Business; cease representing yourself as a franchisee of ours; permanently cease using and/or accessing the System, the Licensed Marks, our confidential information, the operations manual, the Business Management System, the Business Management System Data, and the System Supplies; return the operations manual and all confidential information to us in the original form provided to you and document the destruction of all electronic files related to same; completely de-identify the location and/or facility associated with the Franchised Business; as requested by us, transfer to us all data, telephone listings, digital media, accounts, web listings and websites associated with the Franchised Business; and abide by the post-termination non-competition covenants and restrictions.
j.

Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 40–45)

What This Means (2025 FDD)

According to Deer Solution's 2025 Franchise Disclosure Document, a franchisee is required to abide by post-termination non-competition covenants. Specifically, upon termination, a franchisee must cease owning and operating the franchised business, stop representing themselves as a Deer Solution franchisee, and discontinue using the System, Licensed Marks, confidential information, operations manual, Business Management System, Business Management System Data, and System Supplies. The franchisee must also return the operations manual and all confidential information, document the destruction of electronic files, and de-identify the location associated with the franchise. Additionally, the franchisee must transfer data, telephone listings, digital media, accounts, web listings, and websites to Deer Solution if requested. Most importantly, the franchisee must adhere to the post-termination non-competition covenants and restrictions.

The post-termination non-competition covenants outlined in the 2025 FDD for Deer Solution state that for 24 months after termination or expiration, the franchisee cannot have any involvement, ownership, or interest in any competing business within their Operating Territory, a 25-mile radius of their Operating Territory, or a 25-mile radius of any other Deer Solution business. Furthermore, the franchisee must continue to comply with confidentiality, non-disclosure, and non-solicitation covenants.

These non-competition terms are fairly standard in the franchise industry to protect the brand and system that Deer Solution has developed. Prospective franchisees should carefully consider the geographic scope and duration of these restrictions, as they could significantly limit their business opportunities after leaving the Deer Solution system. It is important to fully understand these obligations before entering into a franchise agreement.

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.