From what dates is the 'Post-Term Period' calculated for an Engineering For Kids franchise?
Engineering_For_Kids Franchise · 2025 FDDAnswer from 2025 FDD Document
e to, or have any other interest in any Competitive Business (the term "Competitive Business" means a business engaged in the provision of services that are the same as or similar to an Engineering For Kids Business, including, but not limited to, the provision of youth educational and enrichment programs and services relating to the fields of math, science, technology or engineering; and the term "Competitive Business" also includes making use of the Data for any purpose whatsoever other than in connection with your Engineering For Kids Business pursuant to this Agreement); or
17.3.2. Divert or attempt to divert any business, customer, or participant, or potential business, customer, or participant, to any Competitive Business.
17.4. After Termination, Expiration or Transfer
For two (2) years from the date of: (a) a Transfer permitted under Section 14 above; (b) expiration or termination of this Agreement (regardless of the cause for termination); or (c) a final order of a duly authorized arbitrator, panel of arbitrators, or a court of competent jurisdiction (after all appeals have been taken) with respect to any of the foregoing or with respect to the enforcement of this Section 17.4 (collectively, the "Post-Term Period"); you agree that you will not directly or indirectly own, manage, engage in, be employed by, advise, make loans to, consult for, or have any other interest in any Competitive Business that is, or intends to operate, inside the Territory, within an area extending five (5) miles beyond the perimeter of the Territory, and/or within any other Territory in which an Engineering For Kids Business operates at the time of expiration, termination, or transfer.
Source: Item 23 — RECEIPTS (FDD pages 53–138)
What This Means (2025 FDD)
According to the 2025 Engineering For Kids Franchise Disclosure Document, the Post-Term Period, which restricts a franchisee's activities after the franchise agreement ends, is calculated for two years from specific dates. These dates include the date of a permitted transfer of the franchise, the date of expiration or termination of the agreement (regardless of the reason for termination), or the date of a final order from an arbitrator or court after all appeals have been exhausted.
During this two-year Post-Term Period, a former Engineering For Kids franchisee is restricted from engaging in any Competitive Business within their former territory, within a five-mile radius beyond the territory's perimeter, or within any other territory where an Engineering For Kids Business operates. This restriction includes owning, managing, being employed by, advising, making loans to, or consulting for any Competitive Business.
Additionally, the franchisee is prohibited from contacting or diverting current or former customers or participants of the franchised business to a Competitive Business during the Post-Term Period. However, these restrictions do not apply if the franchisee operates another Engineering For Kids Business under a separate, valid agreement. For owners, the Post-Term Period begins upon the expiration, termination, or transfer of the agreement, or when the owner's relationship with the franchisee ends, whichever occurs first.