What are the obligations of the franchisee under the Kitchen Solvers Franchise Agreement?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
We grant you the right to operate a KITCHEN SOLVERS® Business within a particular Territory. The method used to describe territorial boundaries of franchises will be one or a combination of the following: county lines, highways or streets, or zip codes. A standard Territory will consist of a maximum of 85,000 owner occupied households. If we permit you to acquire additional contiguous zip codes so that your Territory consists of more than 85,000 owner occupied households, then you must pay us the Additional Population Fee. In any event, your Territory may not contain more than 110,000 owner occupied households.
During the operation of your Business, you will use our Marks (as defined in Item 13), as well as our distinctive products and services, supplies, sales and business techniques, measuring and installation methods and procedures. Your Business will feature kitchen and bathroom update, beautification, and remodeling options such as kitchen and bathroom design and decorating consulting; refacing, installing and replacing of kitchen and bathroom cabinets and appliances; accessorizing cabinet interiors and exteriors; installing and replacing countertops; and other kitchen and bathroom remodeling services for residential and commercial buildings. Each KITCHEN SOLVERS® business is an independently owned and operated business and you, as the franchisee, are solely responsible for your day-to-day conduct and activities. Accordingly, no KITCHEN SOLVERS® business is our agent (actual or implied).
You are not permitted to operate your KITCHEN SOLVERS® Business outside of your Territory without first securing our prior written consent. You will not receive any right of first refusal under your Franchise Agreement.
You may not purchase or engage in marketing including via the Internet or other direct marketing, targeted at areas outside your Territory without our prior written approval. Marketing that is directed to your Territory, but also reaches outside your Territory (for example, radio, television or home shows) is permissible provided the marketing content must be approved by us prior to use. Other than as described in this paragraph, you may not operate your Business or offer services outside your Territory.
Except as otherwise provided in this Agreement, any notice, demand or communication provided for herein must be signed by the party serving the same and either delivered personally or by a reputable overnight service or deposited in the United States mail, service or postage prepaid, and if such notice is a notice of default or of termination, by registered or certified mail, and forwarded to the address specified on page 1 of this Agreement or to such other address as may have been designated by notice to the other party. Notices for purposes of this Agreement will be deemed to have been received if mailed or delivered as provided in this Subparagraph.
You must neither create nor purport to create any obligation on behalf of us, nor agree to any other term, condition, or covenant that is inconsistent with any provision of this Agreement.
If a franchisee consists of two or more individuals, such individuals will be jointly and severally liable, and references to the franchisee in this Agreement include all such individuals. Headings and captions contained herein are for convenience of reference and must not be taken into account in construing or interpreting this Agreement.
All principal owners of a franchisee that is a corporation, partnership or other entity must execute the form of undertaking and guarantee at the end of this Agreement. Each such person is considered a Personal Guarantor of the franchisee's obligations as noted in the undertaking and guarantee.
You acknowledge that you are entering into this Agreement as a result of your own independent investigation of the KITCHEN SOLVERS franchise program and not as a result of any representation about us made by our shareholders, officers, directors, employees, agents, representatives, independent contractors or franchisees that is contrary to the terms identified in this Agreement or in any disclosure document, prospectus, or other similar document required or permitted to be given to you pursuant to applicable law.
Source: Item 15 — Obligation to Participate in the Actual Operation of the Franchise Business (FDD pages 35–36)
What This Means (2025 FDD)
Based on the 2025 Kitchen Solvers Franchise Disclosure Document, franchisees have several obligations under the Franchise Agreement. Franchisees must operate their Kitchen Solvers business within their designated territory, and they cannot operate outside of this territory without prior written consent from Kitchen Solvers. The standard territory consists of a maximum of 85,000 owner-occupied households, and under no circumstances can it exceed 110,000 owner-occupied households. If a franchisee acquires additional contiguous zip codes that cause their territory to exceed 85,000 owner-occupied households, they must pay Kitchen Solvers an Additional Population Fee. Franchisees must also secure Kitchen Solvers' prior written approval before purchasing or engaging in marketing targeted at areas outside their territory, including internet or direct marketing.
Franchisees must use Kitchen Solvers' marks, distinctive products, services, supplies, sales and business techniques, and measuring and installation methods and procedures during the operation of their business. The franchisee is responsible for the day-to-day conduct and activities of their Kitchen Solvers business. If the franchisee consists of two or more individuals, they will be jointly and severally liable for the obligations. Principal owners of a franchisee that is a corporation, partnership, or other entity must execute a form of undertaking and guarantee, becoming Personal Guarantors of the franchisee's obligations.
Additionally, franchisees must adhere to specific notification protocols. Any notice, demand, or communication must be signed and either delivered personally, sent by a reputable overnight service, or deposited in the U.S. mail with service or postage prepaid. Notices of default or termination must be sent by registered or certified mail to the address specified in the agreement or another designated address. Franchisees cannot create any obligation on behalf of Kitchen Solvers or agree to any term inconsistent with the Franchise Agreement.
It is important to note that the Franchise Agreement specifies that the franchisee is entering the agreement based on their own independent investigation of the Kitchen Solvers franchise program. However, addenda for certain states like New York modify this provision, ensuring that franchisees do not waive claims under state franchise laws or disclaim reliance on statements made by Kitchen Solvers. These modifications highlight the importance of reviewing any state-specific addenda to the Franchise Agreement to understand any additional protections or obligations.