What rights do My Salon Suite franchisees have within and outside of their protected territory?
My_Salon_Suite Franchise · 2025 FDDAnswer from 2025 FDD Document
Your rights to operate within the Protected Territory are tied to this specific address.
If the location of your Franchise Business changes, your Territory may be redefined accordingly, subject to our written approval and execution of an amendment to your Franchise Agreement.
Unless the Approved Location is: (i) in a densely populated area or sparsely populated area ("Nonstandard Territory"); and (ii) Franchisee has signed a territory change addendum; the Protected Territory will be a radius of two (2) miles from the Approved Location that may overlap with another Franchisee's Protected Territory.
Franchisor reserves the right to modify the Nonstandard Territory.
A territory change addendum ("Territory Change Addendum") will be created at the sole discretion of the Franchisor based on the location and demographicssurrounding Franchisee's Approved Location.
If Franchisee has chosen an Approved Location that qualifies for a Nonstandard Territory, Franchisee must sign the Territory Change Addendum as a condition to receive approval for the proposed Approved Location.
Franchisor and its Affiliatesretain all other rights, including without limitation, those rights set forth in this Section 2.
- **D.
Rights Within and Outside Protected Territory**.
Franchisee may market and promote the Franchised Business and the authorized products and services through its Franchised Business outside of the Protected Territory, provided the Franchisee first obtains Franchisor's prior written consent.
Franchisee may not solicit business in any other franchisee's protected territory without first obtaining the consent of Franchisor.
All sales and other activity must be conducted in
accordance with the terms of this Franchise Agreement and System Standards.
Franchisee may accept customers from outside Franchisee's Protected Territory, provided Franchisee did not solicit such customers by advertising outside of Franchisee's Protected Territory.
If Franchisee wishes to advertise outside of the Protected Territory, Franchisor may condition its consent upon Franchisee's agreement to offer other franchisees operating in territories encompassed by the circulation base of Franchisee's proposed advertising the opportunity to participate in, and share the expense of, such solicitation and/or advertising.
Source: Item 23 — RECEIPTS (FDD pages 95–230)
What This Means (2025 FDD)
According to the 2025 FDD, a My Salon Suite franchisee's rights to operate are tied to a specific address. The standard protected territory is a two-mile radius from the approved location, though this can be modified by My Salon Suite if the location is in a densely or sparsely populated area, requiring a territory change addendum.
Franchisees can market and promote their My Salon Suite business outside their protected territory, but only with My Salon Suite's prior written consent. Soliciting business in another franchisee's protected territory is prohibited without My Salon Suite's consent. Franchisees can accept customers from outside their territory as long as they didn't solicit them through advertising outside their protected area.
If a My Salon Suite franchisee wants to advertise outside their protected territory, My Salon Suite may require them to offer other franchisees within the advertising's circulation area the opportunity to participate in the advertising and share the costs. My Salon Suite and its affiliates retain all rights not explicitly granted to the franchisee.