factual

Within which geographic area is an Exit franchisee prohibited from engaging in the business of selling, managing, or servicing real estate franchise organizations after termination?

Exit Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (d) within the state(s) in which the Protected Territory is located, own, operate, lease, franchise, conduct, engage in, be connected with, have any interest in or assist any person or entity engaged in the business of selling, managing or servicing real estate franchise organizations, irrespective of whether services are provided directly to the franchising operations or the System's franchisee's;

Source: Item 23 — RECEIPT (FDD pages 42–235)

What This Means (2025 FDD)

According to Exit's 2025 Franchise Disclosure Document, a franchisee is restricted from engaging in the business of selling, managing, or servicing real estate franchise organizations within the state(s) where their Protected Territory is located. This restriction applies for one year following the termination, assignment, or expiration of the Franchise Agreement. This post-term covenant not to compete is irrespective of whether services are provided directly to the franchising operations or to Exit's franchisees.

This means that if a franchisee's Protected Territory is in California, they cannot own, operate, lease, franchise, conduct, engage in, be connected with, have any interest in, or assist any entity involved in selling, managing, or servicing real estate franchises anywhere in California for one year after leaving the Exit system. This restriction is in place to protect Exit's business model and franchise network within that state.

It is important to note that this covenant applies to the franchisee, their shareholders, partners, members, directors, officers, and guarantors. This broad application ensures that those closely associated with the franchise are also prevented from competing in the specified manner. Prospective franchisees should carefully consider the implications of this post-term covenant, especially if they have future plans to engage in real estate franchise activities within the same state after their Exit franchise agreement ends.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.