For Ledgers franchises in Indiana, what is the geographic limit for non-competition agreements after termination or non-renewal, as defined by Indiana Code?
Ledgers Franchise · 2025 FDDAnswer from 2025 FDD Document
INDIANA
NOTICE TO PROSPECTIVE FRANCHISEES IN THE STATE OF INDIANA:
The following are revisions to Item 17 of the Disclosure Document:
Indiana Code section 23-27-1(9) prohibits provisions in contract which require a franchisee to agree to a covenant not to compete with the franchisor for a period longer than three (3) years or in an area greater than the exclusive area granted by the Franchise Agreement upon termination or failure to renew the Franchise Agreement. Accordingly, in the State of Indiana, upon termination of the Franchise Agreement, you cannot be involved in a competing business for one (1) year within your exclusive Franchise Territory.
Source: Item 22 — CONTRACTS (FDD page 46)
What This Means (2025 FDD)
According to the 2025 Ledgers Franchise Disclosure Document, Indiana Code restricts non-competition agreements. For Ledgers franchises operating in Indiana, any non-compete provisions within the Franchise Agreement that apply after termination or non-renewal are limited to the geographic area granted in the Franchise Agreement.
Specifically, Indiana Code section 23-27-1(9) dictates that a franchisee cannot be restricted from competing with Ledgers for longer than three years or in an area larger than the exclusive territory granted by the Franchise Agreement. Therefore, upon termination of the Franchise Agreement in Indiana, a franchisee is restricted from engaging in a competing business for one year within their exclusive Franchise Territory.
This means that if a Ledgers franchisee in Indiana leaves the system, they can't operate a similar business within their previously assigned territory for one year. This restriction aims to protect Ledgers's business interests while also allowing the franchisee to pursue other opportunities after a reasonable period. Prospective franchisees should carefully review the definition of their exclusive territory in Schedule 1 of the Franchise Agreement to fully understand the geographic scope of this non-compete clause.