Can Kitchen Solvers offer and sell goods and services from locations outside the Development Area?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
or bathroom remodeling business, cabinet refacing business and/or any other business that sells products and services similar to the products and services sold at your KITCHEN SOLVERS Business; and/or (b) business that franchises or licenses the right to open and operate a business of the type identified in (a) of this provision.
- 7.1.2 During the two (2) year period after expiration or termination of this Agreement, you and your owners, officers and agents will not directly or indirectly participate as an owner, director, partner, officer, franchisee, employee, consultant, advisor, salesperson, distributor, or agent or serve in any other capacity in any Competitive Business that is located: (a) anywhere in the Development Area; (b) within a twenty-five (25) mile radius of the Development Area; (c) within any other KITCHEN SOLVERS® franchisee's territory or within any area developer's development area; or (d) within twenty-five (25) mile radius of another franchisee's territory or another area developer's development area.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, franchisees are restricted from engaging in competitive business activities outside of their designated territory during the term of the agreement and for a period of two years after the agreement's expiration or termination. Specifically, franchisees (and their owners, officers, and agents) cannot participate in a Competitive Business within the Development Area, within a 25-mile radius of the Development Area, within any other Kitchen Solvers franchisee's territory, or within a 25-mile radius of another franchisee's territory. A Competitive Business is defined as any kitchen and/or bathroom remodeling business, cabinet refacing business, or any business selling similar products and services. It also includes businesses that franchise or license the right to operate similar businesses.
This non-compete clause ensures that Kitchen Solvers franchisees focus their efforts within their assigned territory, preventing market saturation and potential conflicts between franchisees. The restrictions extend beyond the agreement term to protect the brand and other franchisees from unfair competition by former franchisees who might leverage the knowledge and experience gained during their time with Kitchen Solvers. The 25-mile radius restriction provides an additional buffer to prevent direct competition near territorial boundaries.
For a prospective Kitchen Solvers franchisee, this means that their business activities are geographically limited. They cannot operate or be involved in a competing business within or near another franchisee's territory. This restriction is in place both during the term of the agreement and for two years afterward. Franchisees need to be aware of these limitations when considering the location of their franchise and their future business plans. It is important to fully understand the definition of "Competitive Business" to avoid any unintentional violations of the non-compete agreement.
It is worth noting that these non-compete clauses can vary in enforceability depending on state laws. Some states may have stricter regulations regarding the scope and duration of non-compete agreements. Therefore, prospective franchisees should consult with legal counsel to understand the specific implications of the non-compete clause in their state and how it might affect their ability to operate a Kitchen Solvers franchise.