If I enter into a Development Agreement with Kitchen Solvers, what rights and obligations will I have?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
t we control.
Development Agreement: Development Area Rights
We may offer qualified candidates the right to enter into our form of Development Agreement (attached to this Disclosure Document as Exhibit C). If you enter into a Development Agreement with us, you will be granted the right and will undertake the obligation to develop multiple Franchised Businesses within your Development Area in accordance with your specified Development Schedule.
In order to develop a second or any subsequent Franchised Business pursuant to a Development Agreement you enter into with us, you must: (i) be in compliance with the terms of any and all Franchise Agreements by and between you (and/or any of your affiliates) and us; (ii) sign our thencurrent form of franchise agreement to govern that Franchised Business; and (iii) as of the date you sign, demonstrate that you have met the applicable Minimum Productivity Levels for each and every existing Franchised Business for at least the three (3) full calendar months preceding the date you wish to sign the franchise agreement for that subsequent Franchised Business. We reserve the right to designate and/or approve the locations and Territories of any subsequent Franchised Business that you open pursuant to a Development Agreement in accordance with our then-current standards and specifications. If you fail to meet your Development Schedule requirements, we may terminate your Development Agreement and/or elect to remove your territorial rights in your Development Area. Otherwise, we will not modify your Development Area except by mutual agreement of the parties in a separate writing.
During the term of the Development Agreement, we will not open or operate, or license any third party the right to open or operate, any other Franchised Business within the Development Area.
Once the Development Agreement expires or is terminated, you will not have any territorial rights within the Development Area (other than rights you were granted under any valid and existing Franchise Agreement(s) you entered into as of the date the Development Agreement expires).
Reservation of Rights
Your rights under the Franchise Agreement and, if applicable, the Development Agreement, do not include: (a) any right to offer any products or services via e-commerce; (b) any right to establish an independent website or establish a URL incorporating the Proprietary Marks or any variation thereof; (c) any right to sell merchandise via wholesale; (d) any right to distribute, market or implement our products and services in any channel of distribution not specifically identified in the applicable agreement; (e) the right to sub-license the franchised business in any fashion; or (f) the right to sell your Territory to another person or franchisee without our prior written consent.
Except as set forth in this Item, we have not established and will not establish any other franchise or company–owned business that features kitchen or bathroom remodeling or cabinet refacing under the name KITCHEN SOLVERS® or under any other name within your Territory during the term of your Franchise Agreement.
You expressly understand and agree that we and our affiliates reserve all rights not expressly granted to you under the Franchise Agreement and, if applicable, the Development Agreement. We and/or our affiliates reserve the right to: (a) establish franchises or company-owned businesses under the Marks anywhere outside the Territory; (b) establish franchises or company owned businesses under marks other than KITCHEN SOLVERS® both within and outside the Territory; (c) to distribute products or services through alternative channels of distribution, including by mail order, catalog, or the Internet (or any other existing or future form of electronic commerce) under any mark, including KITCHEN SOLVERS® (d) use the KITCHEN SOLVERS® and any and all other marks to market and advertise within the Territory; and (e) to merge or affiliate with any other brand, 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 compensation to you.
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.
We and/or our affiliates reserve the right to negotiate and enter into agreements with "Multi-Project Customers" and to, directly or indirectly (including through franchisees and licensees) provide KITCHEN SOLVERS® services under the Marks, even if those customers are located in your Territory and, if you sign a Development Agreement, in your Development Area.
Source: Item 12 — Territory (FDD pages 31–33)
What This Means (2025 FDD)
According to Kitchen Solvers's 2025 Franchise Disclosure Document, a Development Agreement grants you the right and obligates you to develop multiple Kitchen Solvers Franchised Businesses within a specified Development Area, following a defined Development Schedule. During the term of the Development Agreement, Kitchen Solvers will not open or license others to open any other Franchised Business within your Development Area. However, once the Development Agreement expires or is terminated, you lose all territorial rights within the Development Area, except for rights granted under any existing Franchise Agreements you entered into during the term of the Development Agreement.
To develop a second or subsequent Franchised Business under the Development Agreement, you must comply with all existing Franchise Agreements, sign the current franchise agreement, and demonstrate that each existing Franchised Business has met the Minimum Productivity Levels for at least three full calendar months before signing the new franchise agreement. Kitchen Solvers reserves the right to designate and approve the locations and Territories for any subsequent Franchised Businesses according to their current standards. Failure to meet the Development Schedule requirements may result in termination of the Development Agreement and removal of your territorial rights in the Development Area. Kitchen Solvers will not modify your Development Area except by mutual written agreement.
Kitchen Solvers retains specific rights, even with a Development Agreement. They can negotiate agreements with Multi-Project Customers (those wanting 50+ projects), even within your Development Area, and provide services to them directly or through other franchisees without compensating you. While Kitchen Solvers may offer you the option to perform work for these Multi-Project Customers, they are not obligated to do so. Kitchen Solvers also reserves the right to market the Kitchen Solvers business within your Territory, and other franchisees' marketing efforts may incidentally reach your Territory through general publications.
Furthermore, your rights under the Development Agreement do not include the right to offer products or services via e-commerce, establish an independent website, sell merchandise wholesale, use alternative distribution channels, sub-license the franchised business, or sell your Territory without Kitchen Solvers's prior written consent. Kitchen Solvers also retains the right to develop, operate, and franchise businesses in Non-Public Access Areas, such as military bases, even within your Development Area.