Can an Engineering For Kids franchisee conduct programs outside of their territory?
Engineering_For_Kids Franchise · 2025 FDDAnswer from 2025 FDD Document
wise provided below. "Direct solicitation" includes, but is not limited to, solicitation in person, by telephone, by mail, by e-mail or other electronic means, advertising, marketing, and by distribution of brochures, business cards or other materials.
- 1.2.2. You may not make direct solicitation to participants located, and/or conduct Programs, in the Territory of another Engineering For Kids Business (an "Assigned Area"). You may accept participants from an Assigned Area into Programs that you operate inside your Territory if you did not directly solicit such participants. If you receive an inquiry to conduct a Program to be located in an
Assigned Area, you must refer that Program to the Engineering For Kids Business operating in that Assigned Area.
- 1.2.3. You may directly solicit participants from, and conduct Programs in, areas located outside the Territory if those participants and/or Programs are not located in an Assigned Area (an "Open Area") and the following requirements are met. You may only solicit participants from, and conduct Programs in, Open Areas located within twenty-five (25) miles of your Territory. If you are conducting a Program in an Open Area (an "Outside Program") and that area later becomes an Assigned Area, then you must immediately give control of the Outside Program to the Engineering For Kids Business franchisee for that Assigned Area. Once an Open Area becomes an Assigned Area, you may no longer directly solicit participants from, or conduct any Programs in, the Assigned Area (except to the limited extent necessary to complete any commitments as described above).
- 1.2.4. You may conduct Programs, and accept participants from, outside of the Territory if you do so in compliance with Sections 1.2.1.-1.2.3 above.
- 1.2.5. You may accept requests to provide Special Event Services to be provided and conducted outside of the Territory so long as the request is from or referred by an existing customer of your Franchised Business who attends Programs at your Authorized Location(s) and you did not obtain the request in violation of Section 1.2.1.
- 1.2.6. If any of your advertising inside the Territory is in media that will or may reach a significant number of persons outside of the Territory, you must notify us in advance and obtain our prior written consent (in addition to the requirements in Section 9.4 below), which we will have the right to withhold. We may periodically establish rules and policies regarding such advertising. Additionally, we may periodically establish rules, guidelines and policies regarding you and other franchisee participation in other promotional activities and events (including without limitation, camp fairs and school fairs) that will or are reasonably expected to serve or draw potential customers and/or Third-Party Sites located in geographic areas serviced by more than one Engineering For Kids Business and/or in connection with Virtual Programs (during any period in which we may authorize or require Virtual Programs).
Source: Item 23 — RECEIPTS (FDD pages 53–138)
What This Means (2025 FDD)
According to the 2025 Engineering For Kids Franchise Disclosure Document, franchisees have some limited ability to conduct programs and solicit participants outside of their designated territory. Specifically, an Engineering For Kids franchisee can operate in "Open Areas"—territories not assigned to another franchisee—within 25 miles of their own territory. However, if that open area later becomes assigned to a new franchisee, the original franchisee must relinquish control of any programs they are running in that area.
Engineering For Kids franchisees can also accept participants from other franchisees' assigned areas into programs within their own territory, provided they did not directly solicit those participants. If a franchisee receives an inquiry for a program to be located in another franchisee's assigned area, they are required to refer that program to the franchisee operating in that assigned area.
Additionally, Engineering For Kids franchisees can provide Special Event Services outside their territory if the request comes from or is referred by an existing customer who attends programs at their authorized location, and the request was not obtained in violation of territory rules. However, franchisees must obtain prior written consent from Engineering For Kids for any advertising inside their territory that may reach a significant number of people outside of their territory. These rules are subject to change, as Engineering For Kids may periodically establish new guidelines and policies regarding franchisee participation in promotional activities and events.