factual

What restrictions are placed on a Deer Solution franchisee regarding where they can operate the franchised business?

Deer_Solution Franchise · 2025 FDD

Answer from 2025 FDD Document

n Business within a specified territory. In reliance on the representations made by Franchisee and/or Franchisee's Owners in any submitted application and during the application process, and subject to the terms and conditions of this Agreement, Franchisee's request has been approved by Franchisor, subject to the following terms and conditions:

  • (1) During the Term of this Agreement and subject to the rights of Franchisor including, but not limited to, the Reserved Rights, Franchisor grants to Franchisee and Franchisee accepts, the nonexclusive license, right and obligation to develop and operate a Deer Solution Business within the operating territory designated and set forth in Schedule 1 of this Agreement (the "Operating Territory"). If Schedule 1 does not specifically identify and designate an Operating Territory, and/or if Schedule 1 is not signed by Franchisor, the Operating Territory shall be determined by Franchisor in Franchisor's Reasonable Business Judgment;
  • (2) The Operating Territory shall be comprised of a Territory and if, at the time of signing this Agreement, Franchisor and Franchisee agree to supplement the size of Franchisee's Operating Territory by adding an Additional Territory or Additional Territories, the Additional Territory or Additional Territories shall be included within the Operating Territory identified in Schedule 1 and shall be quantified in Schedule 2 for purposes of calculating the Initial Franchise Fee and other obligations under this Agreement;
  • (3) Franchisee's Administrative Office must be located within the Operating Territory and be approved by Franchisor;
  • (4) Franchisee may only operate the Franchised Business within Franchisee's Operating Territory and, without limitation to the foregoing, Franchisee may only offer and sell the Approved Services and Products within Franchisee's Operating Territory from Franchisor designated and authorized Service Vehicles, the System standards designated by Franchisor, and in accordance with the requirements designated by Franchisor in the Operations Manual;
  • (5) Except as otherwise provided in this Agreement including, but not limited to, the Reserved Rights and Closed Markets, provided that, at all times, Franchisee is and remains in compliance with the terms of this Agreement, during the Term of this Agreement, Franchisor will not and Franchisor's affiliates will not operate, or grant a franchisee the right to operate a Deer Solution Business using the Licensed Marks and System within Franchisee's Operating Territory, provided that an Operating Territory has been designated and approved by Franchisor in accordance with the terms of this Agreement; and

(6) The foregoing rights granted in this Article 2.A. are subject to and contingent upon each and every, term and condition of this Agreement, the rights of any prior user, and are non-exclusive and subordinate to the Reserved Rights.

2.B. TERM

Unless previously terminated pursuant to the terms of this Agreement, the term of this Agreement will be for a period of seven consecutive years, commencing from the Effective Date (the "Term").

2.C. GUARANTEES, CONFIDENTIALITY AND RESTRICTIVE COVENANTS

If Franchisee is, at any time, a Corporate Entity, Franchisee agrees that each Owner and their respective Spouse shall execute, sign, and deliver to Franchisor the Franchise Owner and Spouse Agreement and Guaranty attached to this Agreement as Exhibit 1 and, in doing so, among other things, will individually, jointly, and severally, guarantee Franchisee's obligations under this Agreement and personally bind themselves to confidentiality and non-competition covenants and restrictions.

**2.D.

Source: Item 23 — RECEIPTS (FDD pages 55–246)

What This Means (2025 FDD)

According to Deer Solution's 2025 Franchise Disclosure Document, a franchisee's ability to operate is primarily restricted to their designated Operating Territory. Deer Solution grants franchisees a nonexclusive license to operate within this territory, which is defined in Schedule 1 of the Franchise Agreement. The franchisee's administrative office must also be located within this Operating Territory and be approved by Deer Solution. Franchisees are only allowed to offer and sell approved services and products within their Operating Territory, utilizing designated service vehicles that meet Deer Solution's standards.

Deer Solution will not operate or grant another franchise within the franchisee's Operating Territory, provided the franchisee remains in compliance with the agreement. However, these rights are subject to the terms and conditions of the agreement, rights of any prior users, and are non-exclusive and subordinate to reserved rights. This means Deer Solution retains certain rights within the territory.

Under specific conditions, a Deer Solution franchisee may provide services outside their territory, but this requires written approval from Deer Solution. This permission is granted on a non-exclusive basis and must not violate any restrictions outlined in Article 9.F of the agreement. If an open area is assigned to another franchisee, the original franchisee must cease communication with customers in that area and transfer all related information to Deer Solution or another designated franchisee. These stipulations ensure that Deer Solution maintains control over its brand and market development, while also protecting the interests of individual franchisees within their defined territories.

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.