During the term of the Flowerama franchise, what is the scope of the non-competition covenant regarding involvement in competing businesses?
Flowerama Franchise · 2024 FDDAnswer from 2024 FDD Document
| Provisions | Section in Franchise Agreement and Co Branding Addendums to Franchise Agreement | Summary | |
|---|---|---|---|
| (q) | Non-competition covenants during the term of the franchise | Section 21 G of Franchise Agreement | No involvement in competing business anywhere in United States Co-Brand Flowerama Center – Existing Center: the requirements will be set forth in your existing Franchise Agreement. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 60–71)
What This Means (2024 FDD)
According to Flowerama's 2024 Franchise Disclosure Document, during the term of the franchise agreement, franchisees are subject to a non-competition covenant. This covenant restricts franchisees from involvement in any competing business anywhere in the United States.
This means that while operating a Flowerama franchise, a franchisee cannot own, operate, or be involved in any other business that competes with Flowerama, regardless of the location within the United States. This restriction is quite broad, potentially limiting a franchisee's ability to pursue other business ventures, even those seemingly unrelated or located far from their Flowerama franchise.
For existing Flowerama Centers that transition to a co-branded arrangement, the specific non-competition requirements will be outlined in their existing Franchise Agreement. Prospective franchisees should carefully review Section 21 G of the Franchise Agreement to fully understand the scope and limitations of this non-competition covenant during the franchise term.