Does a Kitchen Solvers franchisee receive a right of first refusal under the Franchise Agreement?

According to Kitchen Solvers's 2025 Franchise Disclosure Document, a franchisee will not receive a right of first refusal under the Franchise Agreement. This means that Kitchen Solvers is not obligated to offer a franchisee the first opportunity to open a new franchise in a specific location or territory before offering it to someone else.

This lack of right of first refusal has several implications for prospective Kitchen Solvers franchisees. It means that Kitchen Solvers retains the flexibility to expand its franchise network as it sees fit, without being restricted by the need to offer new opportunities to existing franchisees first. Kitchen Solvers can choose to award new franchises to individuals or entities they believe are best suited to operate them, regardless of whether existing franchisees have expressed interest in expanding. This could lead to increased competition between franchisees, as Kitchen Solvers is free to establish new franchises in areas that may impact existing franchisees' businesses.

Furthermore, Kitchen Solvers and its affiliates retain various rights, including the right to establish franchises or company-owned businesses under marks other than Kitchen Solvers, both within and outside the franchisee's territory. They can also distribute products or services through alternative channels of distribution, including online, under any mark, including Kitchen Solvers. These activities can be pursued without any compensation to the franchisee. Kitchen Solvers also reserves the right to engage in agreements with Multi-Project Customers, potentially offering Kitchen Solvers services within a franchisee's territory without providing compensation to the franchisee.

While franchisees do not receive a right of first refusal, Kitchen Solvers does agree not to establish a company-owned Kitchen Solvers business or another Kitchen Solvers franchise within the franchisee's territory, or modify the territory, without the franchisee's written permission, provided the franchisee is in complete compliance with the terms and conditions of the Franchise Agreement. This provides some territorial protection to the franchisee, but it is subject to the franchisee's adherence to the agreement and does not extend to other brands or distribution channels controlled by Kitchen Solvers.