What is the general radius of the Protected Area for a Deka Lash franchise?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
Protected Area. There will be a "Protected Area" around your Franchised Business as stated in Schedule 1, Section 3. The area or population included in each Protected Area will vary. The Protected Area is generally a 1.5-mile radius. We reserve the right to vary the size of the Protected Area based on the demographics and development of each market. For example, in densely populated urban areas, the Protected Area may be smaller than a 1.5-mile radius. We may not alter your Protected Area without your consent, even if the population in your Protected Area increases.
Exclusive Territory. Your Protected Area will be an exclusive territory in which we will not establish either a company-owned or franchised outlet selling the same or similar goods or services under the same or similar trademarks or service marks within the Protected Area of your Franchised Business.
Not Exclusive for Marketing. Because marketing efforts are difficult to limit to a specific area (for example, radio and internet do not follow geographic boundaries), your territory is not exclusive for marketing.
Source: Item 12 — TERRITORY (FDD pages 40–44)
What This Means (2024 FDD)
According to Deka Lash's 2024 Franchise Disclosure Document, a franchisee will have a Protected Area around their Franchised Business, as stated in Schedule 1, Section 3 of the franchise agreement. The FDD states that the Protected Area is generally a 1.5-mile radius. However, the area or population included in each Protected Area will vary, and Deka Lash reserves the right to change the size of the Protected Area based on the demographics and development of each market. For example, in densely populated urban areas, the Protected Area may be smaller than a 1.5-mile radius. Deka Lash may not alter your Protected Area without your consent, even if the population in your Protected Area increases.
This Protected Area is an exclusive territory in which Deka Lash will not establish either a company-owned or franchised outlet selling the same or similar goods or services under the same or similar trademarks or service marks within the Protected Area of your Franchised Business. However, this territory is not exclusive for marketing purposes because marketing efforts are difficult to limit to a specific area.
It is important to note that Deka Lash and its affiliates reserve the right to sell approved products and services, using their principal trademarks or different trademarks, through all alternative channels of distribution as they deem appropriate, including, but not limited to, the internet. They also have the right to acquire, or be acquired by, any competing system or other third party, including a competing system that has one or more units located within your Protected Area and that may or may not then operate under Deka Lash's Marks and brand. Additionally, Deka Lash can develop and establish other business systems (including systems that distribute products or services similar to those offered at Deka Lash businesses) using other names or marks, and grant licenses to use those systems. These rights are reserved within your Protected Area.