What rights does Kitchen Solvers reserve that are not expressly prohibited in the agreement?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
- 1.5.1 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 Development Area. For purposes of this Agreement, the term Non-Public Access Area shall mean military bases, government institutions, and other areasthat are not accessible to the general public.
- 1.5.2 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 the Development Area. The term "Multi-Project Customer" means a customer that wishes to contract for the completion of fifty or more projects for KITCHEN SOLVERS® services, including, without limitation owners or managers of apartment and/or condominium buildings, residential home builders and/or developers, and hotel chains. We may provide such services to Multi-Project Customers ourselves or through an affiliate, or we may contract with a
third-party including another KITCHEN SOLVERS® franchisee, to perform such services in the Development Area without providing you with any compensation. If you qualify to service a Multi-Project Customer and we offer you the option to perform such work, you will be required to comply with our designated standards, specifications and procedures, and you may be required to enter into our then-current form of Multi-Project Customer Participation Agreement. We retain the right to set and modify the parameters for any Multi-Project Customer program, including the right to terminate your participation in the program, at any time.
Source: Item 23 — Receipts (FDD pages 49–190)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, Kitchen Solvers retains specific rights regarding business operations in non-public access venues and with multi-project customers, even within a franchisee's development area. Specifically, Kitchen Solvers has the right to develop, open, and operate Kitchen Solvers businesses, or license others to do so, in Non-Public Access Areas such as military bases and government institutions.
Kitchen Solvers also reserves the right to negotiate and enter into agreements with "Multi-Project Customers," defined as those contracting for fifty or more projects. Kitchen Solvers can directly or indirectly (through franchisees or licensees) provide services to these customers, even if they are located within a franchisee's exclusive development area. This includes the option to provide services themselves or through an affiliate, or to contract with another Kitchen Solvers franchisee, without compensating the franchisee in whose territory the customer is located.
If a franchisee is given the opportunity to service a Multi-Project Customer, they must adhere to Kitchen Solvers' standards, specifications, and procedures, and may be required to sign a Multi-Project Customer Participation Agreement. Kitchen Solvers retains the right to set and modify the parameters of any Multi-Project Customer program, including the right to terminate a franchisee's participation in the program at any time. This reservation of rights allows Kitchen Solvers to pursue large-scale projects and non-public opportunities without being restricted by individual franchise territories, which could impact a franchisee's potential revenue and market share within their designated area.