Are there any exceptions to Kitchen Solvers' reservation of rights?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
Except as otherwise expressly provided under this Agreement, during the term of this Agreement and provided that you are in compliance with the terms and conditions of this Agreement, we will not (i) modify the Territory without your written permission, or (ii) establish either a company-owned or franchised kitchen or bathroom remodeling or refacing business within the Territory under the KITCHEN SOLVERS Trademark.
You understand and agree that we and our affiliates reserve all rights not expressly granted to you under this Agreement. Without limiting the foregoing, we and/or our affiliates reserve the right to: (a) establish franchises and/or company-owned businesses under the Marks anywhere outside the Territory; (b) establish franchises and/or company owned businesses under marks other than the mark "KITCHEN SOLVERS®" both within and outside the Territory; (c) to manufacture, distribute, offer and/or sell, any goods and/or services in, at or from any location, including any location within the Territory, through alternative channels of distribution, including sales on the Internet (and/or any other existing or future form of electronic commerce), through kiosk locations,
through print and online catalogs and in retail locations; (d) use the KITCHEN SOLVERS® mark and any and all other marks to market and advertise within the Territory; and (e) to merge or affiliate with any other brand, including through purchase or sale of substantially all assets, 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 any obligation to compensate you in any way.
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. 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, in our sole discretion, offer you the option to perform work for one or more Multi-Project Customers in the Territory and in the Development Area (if applicable), but we may also provide such services ourselves or through an affiliate, or we may contract with a third-party including another KITCHEN SOLVERS® franchisee, to perform such services in the Territory and in the Development Area (if applicable) 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 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, Kitchen Solvers retains several rights, even within a franchisee's territory. However, there are some limitations to these rights. Kitchen Solvers will not modify a franchisee's territory or establish a company-owned or franchised Kitchen Solvers business within that territory, provided the franchisee is in compliance with the franchise agreement, without the franchisee's written permission.
Kitchen Solvers retains the right to establish franchises or company-owned businesses under different trademarks both inside and outside the franchisee's territory. They can also manufacture, distribute, offer, or sell goods and services through alternative channels, including the internet, kiosks, catalogs, and retail locations, even within the franchisee's territory. Kitchen Solvers can use their trademarks to market and advertise within the territory and can merge or affiliate with any other brand, including competitors operating within the territory. They also reserve the right to develop, operate, and franchise Kitchen Solvers businesses outside the franchisee's territory without any obligation to compensate the franchisee.
Kitchen Solvers also has the right to develop, open, and operate businesses in Non-Public Access Areas, such as military bases and government institutions, even within a franchisee's territory. Furthermore, Kitchen Solvers can negotiate and enter into agreements with Multi-Project Customers (those contracting for 50 or more projects), even if those customers are located within a franchisee's territory. While Kitchen Solvers may offer the franchisee the option to perform work for these Multi-Project Customers, they are not obligated to do so and may choose to provide the services themselves or through another party without compensating the franchisee.