Is the Kitchen Solvers franchisee's business separate from any business operated by the franchisor?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
is limited to the right to operate your Business only within the Territory. You do not have the right to sub-franchise, sublicense, assign or transfer your rights under this Agreement, except as specifically provided in this Agreement.
B. Territory Rights; Our Reservation of Rights. Except as otherwise expressly provided under this Agreement, during the term of this Agreement and provided that you are in compliance with the terms and conditions of this Agreement, we will not (i) modify the Territory without your written permission, or (ii) establish either a company-owned or franchised kitchen or bathroom remodeling or refacing business within the Territory under the KITCHEN SOLVERS Trademark.
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, the franchise agreement outlines specific rights and reservations for both the franchisor and the franchisee. Kitchen Solvers grants the franchisee the right to operate a Kitchen Solvers Business under specific terms and conditions. However, Kitchen Solvers retains certain rights, including the ability to establish franchises or company-owned businesses under different marks both within and outside the franchisee's territory. They also reserve the right to engage in various business activities, such as manufacturing, distributing, and selling goods or services through alternative channels, including online sales and retail locations, even within the franchisee's territory.
Kitchen Solvers also has the right to develop, open, and operate 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. This indicates that while franchisees operate their own Kitchen Solvers business, the franchisor retains significant control and the ability to engage in activities that could potentially compete with or impact the franchisee's business.
Furthermore, the agreement specifies that Kitchen Solvers franchisees must hire and supervise their own employees, and these employees are not considered employees of Kitchen Solvers for any purpose. This reinforces the franchisee's role as an independent business operator responsible for their own staffing and employment matters. However, franchisees are also required to participate in Kitchen Solvers' web site and intranet system and adhere to the franchisor's rules regarding online conduct and use of trademarks. This highlights the balance between franchisee independence and adherence to the franchisor's system standards and controls.