Can Kitchen Solvers establish businesses under other trademarks within a Kitchen Solvers franchisee's territory?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
You understand and agree that we and our affiliates reserve all rights not expressly granted to you under this Agreement. Without limiting the foregoing, we and/or our affiliates reserve the right to: (a) establish franchises and/or company-owned businesses under the Marks anywhere outside the Territory; (b) establish franchises and/or company owned businesses under marks other than the mark "KITCHEN SOLVERS®" both within and outside the Territory; (c) to manufacture, distribute, offer and/or sell, any goods and/or services in, at or from any location, including any location within the Territory, through alternative channels of distribution, including sales on the Internet (and/or any other existing or future form of electronic commerce), through kiosk locations,
through print and online catalogs and in retail locations; (d) use the KITCHEN SOLVERS® mark and any and all other marks to market and advertise within the Territory; and (e) to merge or affiliate with any other brand, including through purchase or sale of substantially all assets, including a competitive brand with units operating in the Territory. We also reserve the right to develop and operate, and to franchise or license others to develop and operate, the KITCHEN SOLVERS® Business at any location outside your Territory. We and/or our affiliates may engage in these activities without any obligation to compensate you in any way.
We have the right to develop, open and operate, and to license others the right to develop, open and operate, Businesses located in Non-Public Access Areas, including within the Territory and the Development Area. For purposes of this Agreement, the term Non-Public Access Area shall mean military bases, government institutions, and other areas that are not accessible to the general public.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, Kitchen Solvers reserves the right to establish franchises or company-owned businesses under trademarks other than the "KITCHEN SOLVERS®" mark, both within and outside a franchisee's territory. This means that even within a franchisee's exclusive territory, Kitchen Solvers could potentially operate or franchise other businesses that offer similar or different services under a different brand name.
This reservation of rights also extends to various channels of distribution. Kitchen Solvers retains the right to manufacture, distribute, offer, and/or sell any goods and/or services in, at, or from any location, including within the franchisee's territory, through alternative channels such as the Internet, kiosks, print and online catalogs, and retail locations. This implies that Kitchen Solvers can compete with its own franchisees through different sales methods without providing any compensation to the franchisee.
Furthermore, Kitchen Solvers reserves the right to merge or affiliate with any other brand, including a competitive brand with units operating in the franchisee's territory. They can also develop, operate, and franchise Kitchen Solvers businesses in Non-Public Access Areas, such as military bases and government institutions, even within the franchisee's territory. These activities can be conducted without any obligation to compensate the franchisee, highlighting the franchisor's broad rights within the franchise agreement.