In the Gokhale Method agreement, what is the franchisee acknowledging regarding violations of Section 17?
Gokhale_Method Franchise · 2024 FDDAnswer from 2024 FDD Document
- 16.11. Compliance With Covenants. You shall comply with the covenants contained in Section 17 of this Agreement.
17. COVENANTS
- 17.1. In-Term Covenants. You specifically acknowledge that, pursuant to this Agreement, you will receive valuable, specialized training and Confidential Information, including, without limitation, information regarding the Gokhale Method and techniques used by us and the System.
You covenant that during the Term of this Agreement, except as otherwise approved in writing by us, you shall not, either directly or indirectly, for yourself, or through, on behalf of, or in conjunction with any person or legal entity:
- 17.1.1.
Divert or attempt to divert any present or prospective customer of any Gokhale Method class, service or product to any competitor, by direct or indirect inducement or otherwise, or do or perform, directly or indirectly, any other act injurious or prejudicial to the goodwill associated with the Marks and the System;
- 17.1.2.
Employ or seek to employ any person who is at that time employed by us, our Affiliates, or by any of our other franchisees, or otherwise directly or indirectly induce such person to leave his or her employment; or
- 17.1.3.
Own, maintain, operate, engage in, act as a consultant for, perform services for, or have any interest in any Competitive Business or offer to sell or sell any services, equipment, product or other item which is the same as, or substantially similar to, any of the services, equipment, products or other items offered by a Gokhale Method Institute location.
The prohibitions in this Section 17 shall not apply to interests in or activities performed in connection with your Franchised Business.
- 17.2.
Post-Term Covenants.
You covenant that, except as otherwise approved in writing by us, you shall not, within a 10-mile radius of your former Location or of any location then existing where the Gokhale Method is taught, and for a continuous, uninterrupted period of two (2) years following the end of our relationship with you, whether by termination, expiration or otherwise, either directly or indirectly own, maintain, operate, engage in, be employed by, provide assistance to, or have any interest in (as owner or otherwise) any Competitive Business.
A "Competitive Business" is a business that: is the same as, or substantially similar to, the Franchised Business; or that offers to sell or sells any services, equipment, products or other items which are the same as, or substantially similar to, any of the services, equipment, products or other items offered by us or our franchisees or Affiliates.
If you do not immediately comply with this paragraph upon the end of our relationship, the two-year period referred to above will commence when you begin compliance.
- 17.3.
Compliance With Anti-Terrorism Laws.
You acknowledge that under applicable U.S. law, including, without limitation, Executive Order 13224, signed on September 23, 2001 (the "Executive Order"), we are prohibited from engaging in any transaction with any person engaged in, or with a person aiding any person engaged in, acts of terrorism, as defined in the Executive Order.
Source: Item 22 — CONTRACTS (FDD page 34)
What This Means (2024 FDD)
According to the 2024 Gokhale Method Franchise Disclosure Document, Section 17 outlines specific covenants that franchisees must adhere to, both during the term of the agreement and after its termination. By signing the franchise agreement, the franchisee acknowledges the receipt of valuable, specialized training and confidential information regarding the Gokhale Method and its techniques. This acknowledgment underscores the importance of protecting the Gokhale Method's proprietary information and maintaining the integrity of its system.
During the term of the agreement, franchisees agree not to engage in activities that could harm the Gokhale Method's business or reputation. This includes refraining from diverting customers to competitors, avoiding actions that could be detrimental to the goodwill associated with the Gokhale Method's trademarks and system, and not employing or soliciting employees of Gokhale Method or its other franchisees. Franchisees also agree not to operate or have any interest in a competitive business that offers similar services or products to those of the Gokhale Method.
After the termination of the franchise agreement, franchisees are subject to post-term covenants that restrict their ability to compete with Gokhale Method. Specifically, for a period of two years following the end of the relationship, franchisees are prohibited from engaging in any competitive business within a 10-mile radius of their former location or any existing Gokhale Method location. This restriction applies to owning, operating, or being involved in any business that is substantially similar to the Gokhale Method or offers similar services or products. The agreement also states that franchisees must comply with anti-terrorism laws, acknowledging that Gokhale Method is prohibited from engaging in transactions with individuals or entities involved in terrorism.