Can Kitchen Solvers waive the non-compete covenant in writing?
Kitchen_Solvers Franchise · 2025 FDDAnswer from 2025 FDD Document
You covenant that during the term of this Agreement you will not, except as we otherwise agree to in writing, either directly or indirectly, for yourself, or through, on behalf of, or in conjunction with any person or entity, own, manage, operate, maintain, engage in, consult with or have any interest in any construction or remodeling business or any other business selling products and services similar to your KITCHEN SOLVERS Business other than the one authorized by this Agreement or any other agreement between us and you.
Source: Item 22 — Contracts (FDD page 49)
What This Means (2025 FDD)
According to Kitchen Solvers' 2025 Franchise Disclosure Document, Kitchen Solvers may agree to waive the non-compete covenant in writing. The franchise agreement specifies that during the term of the agreement, franchisees are restricted from engaging in similar businesses, unless Kitchen Solvers provides written consent. This waiver would allow a franchisee to own, manage, operate, or consult with a competing business during the term of their Kitchen Solvers franchise agreement, which would otherwise be a violation of the non-compete terms.
This provision offers some flexibility for franchisees who may have other business interests or opportunities that could potentially conflict with the Kitchen Solvers franchise. However, it's important to understand that Kitchen Solvers is not obligated to grant such a waiver, and it is entirely at their discretion. A franchisee seeking a waiver should carefully consider the reasons for their request and be prepared to demonstrate how it would not negatively impact the Kitchen Solvers brand or other franchisees.
It is also important to note that even with a written waiver for the in-term non-compete, the post-term non-compete covenant remains in effect. This means that after the franchise agreement expires or is terminated, the franchisee is still restricted from engaging in a competing business for a specified period and within a defined geographic area, as outlined in the franchise agreement, unless otherwise agreed upon in writing at that time.
Prospective franchisees should carefully review the non-compete provisions in the Kitchen Solvers franchise agreement and discuss any potential conflicts or desired waivers with the franchisor before signing the agreement. Understanding the terms of the non-compete and the possibility of obtaining a waiver is crucial for making an informed decision about investing in a Kitchen Solvers franchise.