During the term of the Kitchen Solvers agreement, can I participate in a kitchen remodeling business as an employee?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
7. COVENANTS: NON COMPETITION/CONFIDENTIALITY/COMPLIANCE WITH LAWS
7.1 Non-Compete
- 7.1.1 You and each of your owners, officers and agents will not, during the Term of this Agreement, directly, indirectly or through, on behalf of, or in conjunction with any person or legal entity:
- (a) 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 (as defined below); or
- (b) divert, or attempt to divert any present or prospective business or customer of any Business to any competitor, by direct or indirect inducement or otherwise, or do
or perform, directly or indirectly, any other act injurious or prejudicial to the goodwill associated with the Marks and the System.
For purposes of this Agreement, the term "Competitive Business" shall mean any: (a) kitchen and/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, during the term of the Franchise Agreement, franchisees and their owners, officers, and agents are restricted from participating in any Competitive Business. This restriction applies directly, indirectly, or through any other person or legal entity.
A "Competitive Business" is defined as any kitchen and/or bathroom remodeling business, cabinet refacing business, or any business selling similar products and services to those offered by a Kitchen Solvers franchise. It also includes businesses that franchise or license the right to operate a business of the same type. Therefore, as a Kitchen Solvers franchisee, you are prohibited from being an employee of a kitchen remodeling business during the term of the agreement.
This non-compete clause is in place to protect Kitchen Solvers' market position, goodwill, and the integrity of its franchise system. The clause prevents franchisees from using the knowledge and resources gained from Kitchen Solvers to benefit a competing business during the term of the agreement. This restriction ensures that franchisees remain fully committed to their Kitchen Solvers business and do not divert business or customers to competitors.
After the agreement expires or terminates, a similar non-compete restriction applies for two years. During this period, franchisees are prohibited from participating in a Competitive Business within their 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. This extended restriction further protects Kitchen Solvers' interests by preventing former franchisees from immediately setting up a competing business in close proximity to existing Kitchen Solvers locations.