Does ADQ grant exclusive territories to Dq Treat franchisees?
Dq_Treat Franchise · 2025 FDDAnswer from 2025 FDD Document
ADQ does not grant exclusive territories to any franchisee under the terms of a franchise agreement. In the past, ADQ did grant franchise agreements with protected territories, including territory operator agreements, which allow territory operators to operate restaurants and stores for their own account and to subfranchise third parties to operate restaurants and stores within their territories. You will not receive an exclusive territory. You may face competition from other franchisees, from outlets that ADQ owns, or from other channels of distribution or competitive brands that ADQ controls. Consider carefully the implications of a site-only franchise, and review closely the section below regarding ADQ's and its affiliates' rights.
ADQ's and its Affiliates' Rights
ADQ and its affiliates have the right to operate and grant others the right to operate competing business under the Trademarks, any affiliate's trademarks, or any other trademarks at any location but your store's authorized location. These locations may include freestanding buildings and facilities, strip centers, shopping malls, and other similar locations. These locations also may include transportation terminals, sports facilities, recreation areas, hotels, hospitals, campus facilities, and other non-traditional locations. You do not have any right to exclude, control or impose conditions on the location or development of future restaurants or stores franchised by others or owned and operated by ADQ or its affiliates.
ADQ and its affiliates also have the right to sell or distribute, themselves or through designees, products and services through any distribution channels or methods, including the internet (or any other existing or future form of electronic commerce such as social media, mobile applications, third party platforms and the metaverse), catalog sales, telemarketing or other direct marketing and pre-packaged retail sales using the Trademarks, or any other trademarks, service marks, trade names and commercial symbols, without any compensation to franchisees.
There are no territorial or customer restrictions on your sales from your store, and you are not required to compensate other franchisees, nor are you entitled to receive compensation from other franchisees or ADQ based on sales from a restaurant or store. You are not, however, granted any right under any franchise agreement to sell products and menu items identified by the Trademarks, or any of ADQ's affiliates' trademarks, or any other trademarks: (1) at any location other than your store; or (2) through resale or any other channels or methods of distribution, including the internet (or any other existing or future form of electronic commerce such as social media, mobile applications, third party platforms and the metaverse), catalog sales, telemarketing or other direct marketing and pre-packaged retail sales, except as ADQ may authorize or require in writing for all or part of the franchise system.
Source: Item 12 — UItem 12U***:** U**Territory (FDD pages 47–49)
What This Means (2025 FDD)
According to the 2025 Dq Treat Franchise Disclosure Document, Dq Treat franchisees are not granted exclusive territories. The FDD states that Dq Treat franchises are site-only franchises, meaning franchisees are only granted the right to operate a single store at an authorized location. Franchisees may face competition from other franchisees, outlets that ADQ owns, or from other channels of distribution or competitive brands that ADQ controls.
ADQ and its affiliates retain the right to operate and grant others the right to operate competing businesses under their trademarks or any other trademarks at any location, except the franchisee's authorized location. These locations can include various types of facilities, such as freestanding buildings, shopping malls, transportation terminals, and even non-traditional venues like hospitals or campus facilities. Furthermore, ADQ and its affiliates can sell products and services through any distribution channels, including the internet, without compensating franchisees.
While franchisees do not receive an exclusive territory, there are no territorial or customer restrictions on sales from their store. Franchisees are also not required to compensate other franchisees, nor are they entitled to receive compensation from other franchisees or ADQ based on sales from another restaurant or store. However, franchisees are restricted from selling products and menu items identified by the Trademarks at any location other than their store or through resale or other channels of distribution, unless authorized by ADQ in writing.
In the past, Dq Treat did grant franchise agreements with protected territories, including territory operator agreements, which allowed territory operators to operate restaurants and stores for their own account and to subfranchise third parties to operate restaurants and stores within their territories. However, these agreements are no longer offered. Prospective franchisees should carefully consider the implications of a site-only franchise and the potential for competition from other Dq Treat locations and other distribution channels.