Where is the Deka Lash Protected Area defined?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
- 3.4 Protected Area/Exclusive Territory. There will be a "Protected Area" around your Franchised Business as defined 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.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to Deka Lash's 2024 Franchise Disclosure Document, the Protected Area for a franchisee is defined in Schedule 1, Section 3 of the Franchise Agreement. The document states that the area or population size within the Protected Area will vary based on demographics and market development. While the Protected Area is generally a 1.5-mile radius, Deka Lash retains the right to modify its size based on specific market conditions.
This means that a prospective Deka Lash franchisee's exclusive territory is not fixed and can be adjusted by the franchisor. The franchisee's rights within the Protected Area are also subject to certain reservations by Deka Lash.
Deka Lash retains the right to sell approved products and services through alternative channels of distribution, such as the internet, even within a franchisee's Protected Area. They can also acquire or be acquired by competing systems, even those with units inside the Protected Area. Furthermore, Deka Lash can develop other business systems with different names or marks, potentially offering similar services to Deka Lash businesses. These stipulations mean that while a franchisee has a Protected Area, Deka Lash maintains significant rights to operate and compete within that same area through other channels and brands.