factual

Does the definition of 'Competing Business' for Itan include businesses that solicit franchises for tanning services?

Itan Franchise · 2025 FDD

Answer from 2025 FDD Document

  • "Competing Business" means any business that meets at least one of the following criteria: (a) any business that generates, or could reasonably be expected to generate, at least 50% of its revenue from the sale of: tanning services; tanning products; and/or services similar to the spa services offered at a Salon (including infrared body wraps, aqua massage, teeth whitening, salt therapy or photo light therapy); (b) any business that solicits, offers or sells franchises or licenses for a business that meets the criteria in clause (a) of this definition; and/or (c) any business that services, trains, supports, consults with, advises or otherwise assists any Person with respect to the development, management and/or operation of a business that meets the criteria in clause (a) of this definition.

A Competing Business does not include a Salon operated pursuant to a valid franchise agreement or license agreement with us or our affiliate.

Source: Item 23 — RECEIPT (FDD pages 44–190)

What This Means (2025 FDD)

According to Itan's 2025 Franchise Disclosure Document, the definition of a 'Competing Business' does include businesses that solicit, offer, or sell franchises or licenses for a business that generates at least 50% of its revenue from tanning services, tanning products, and/or services similar to those offered at an Itan Salon. These services include infrared body wraps, aqua massage, teeth whitening, salt therapy, or photo light therapy.

This definition is important for prospective franchisees because it outlines the types of businesses that Itan considers to be in competition with its franchise. This could impact a franchisee's ability to own or be involved with other businesses, especially during and after the franchise agreement term, due to non-compete clauses that are typically included in franchise agreements.

However, the definition of 'Competing Business' does not include a salon operated under a valid franchise or license agreement with Itan or its affiliates. This clarifies that franchisees within the Itan system are not considered competitors to each other under this definition. This distinction is common in franchising, as the franchisor wants to prevent unfair competition from outside businesses while allowing its own franchisees to operate without being considered competitors within the system.

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.