Under what conditions can a Deer Solution franchisee provide services in an open area?
Deer_Solution Franchise · 2025 FDDAnswer from 2025 FDD Document
customers outside of Franchisee's Operating Territory or, within the Operating Territory of another Deer Solution Business, (ii) does not otherwise violate the restrictions set forth in Article 9.F of this Agreement, and (iii) in each instance Franchisee provides Franchisor with an Out of Territory Service Request that, in writing, is approved by Franchisor, Franchisee's Deer Solution Business may, on a non-exclusive basis, provide an Approved Services and Products to a customer within an Open Area. Franchisee must obtain Franchisor's approval in each and every instance and Franchisor may, in Franchisor's Reasonable Business Judgment, reject or disapprove of Franchisee's Out of Territory Service Request; 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 Deer Solution Business, all information and records related to the Approved Services and Products provided within the Open Area.
Nothing contained in this Article 3.J. 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.J. and Article 2, Article 2 shall take precedence and govern.
Source: Item 23 — RECEIPTS (FDD pages 55–246)
What This Means (2025 FDD)
According to the 2025 Deer Solution Franchise Disclosure Document, a franchisee may provide services in an open area under specific conditions. An "Out of Territory Service" refers to providing approved services and products within an open area, following the territory rules.
To do so, a Deer Solution franchisee must first submit an "Out of Territory Service Request" to the franchisor. This request must be written and include the prospective customer's name and contact information, the date the services or products are proposed to be provided, and a request for the franchisor's written approval or disapproval.
The Deer Solution franchisee must obtain the franchisor's approval for each instance of providing services in an open area. The franchisor has the right to reject or disapprove the franchisee's request based on their reasonable business judgment. If the open area becomes an assigned area, the franchisee must stop communicating with customers they previously serviced in that area and turn over all related information and records to the franchisor or another Deer Solution business.
These provisions do not expand the non-exclusive franchise rights granted to the franchisee or the franchisee's operating territory. In case of any conflict between these terms and the terms outlined in Article 2 of the agreement, Article 2 takes precedence.