Does the Deer Solution franchise agreement specify any geographic restrictions on operating a Competitive Business after the franchise agreement terminates?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
nal parks and facilities, schools, colleges, malls, and limited access venues.
- "Closed Market" refers to and means any and all Captive Market and Corporate Account customers that presently, or in the future, are located within Franchisee's Operating Territory.
- "Competitive Business" refers to and means any business that is the same as or similar to a Deer Solution Business including, but not limited to, any business that offers and/or provides services and/or products relating to deer repellent services, deer damage control and repair. During the Term of the Franchise Agreement and any applicable Renewal Term, Competitive Business shall also include any business that offers and/or provides services and/or products relating to lawn care and/or landscaping.
- "Confidential Information" refers to and means all of Franchisor's and/or Franchisor's affiliates trade secrets, methods, standards, techniques, procedures, data and information, as same may exist as of the Effective Date of this Agreement and as same may be developed, modified and supplemented in the future, constituting and comprising: (a) methods, specifications, standards, policies, procedures, information, concepts, programs and systems relating to the development, establishment, marketing, promotion and operation of Deer Solution Businesses; (b) information concerning consumer preferences for services, products, materials and supplies used or sold by, and specifications for and
knowledge of suppliers of certain materials, equipment, products, supplies and procedures used or sold by Deer Solution Businesses;
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to Deer Solution's 2025 Franchise Disclosure Document, a franchisee is subject to geographic restrictions regarding operating a Competitive Business after the termination of the franchise agreement. The agreement defines a "Restricted Territory" which includes the franchisee's Operating Territory, plus a 25-mile radius around it, or if no territory was assigned, a 25-mile radius around the franchisee's Administrative Office. It also includes the operating territories of other Deer Solution businesses in operation or under development during any part of the Restricted Period.
This means that after the franchise agreement ends, a former Deer Solution franchisee cannot operate a similar business (a "Competitive Business") within this defined "Restricted Territory." A "Competitive Business" is defined as any business that is the same as or similar to a Deer Solution Business, including those offering deer repellent services, deer damage control, and repair. During the term of the agreement, it also includes businesses offering lawn care or landscaping services.
The restriction aims to prevent unfair competition and protect Deer Solution's market and other franchisees. However, if a court finds the Restricted Territory too broad, it will be limited to the franchisee's Operating Territory plus a 25-mile radius around it, or around the Administrative Office if no territory was assigned. This ensures the enforceability of the non-compete clause while still providing some protection to the Deer Solution franchise system.
Prospective franchisees should carefully consider the scope of the Restricted Territory and the definition of a Competitive Business before entering into a franchise agreement with Deer Solution. Understanding these restrictions is crucial for planning future business ventures after the franchise term ends, to avoid potential legal issues and ensure compliance with the agreement.