factual

What non-competition covenant must the transferring Petro Stopping Center franchisee sign?

Petro_Stopping_Center Franchise · 2025 FDD

Answer from 2025 FDD Document

  • (n) you and your transferring Owners (and your and your Owners' spouses) must sign a non-competition covenant in favor of us agreeing to be bound, commencing on the effective date of the transfer, by the restrictions contained in this Agreement; and

  • (o) you and your transferring Owners must agree that you and they will not directly or indirectly at any time or in any manner (except with respect to other Petro Centers you own and operate) identify yourself or themselves or any business as a current

or former Petro Center, or as one of our licensees or franchisees, use any Mark, any colorable imitation of a Mark, or other indicia of a Petro Center in any manner or for any purpose or utilize for any purpose any trade name, trade or service mark or other commercial symbol that suggests or indicates a connection or association with us.

Source: Item 14 — Other investments (FDD pages 131–208)

What This Means (2025 FDD)

According to Petro Stopping Center's 2025 Franchise Disclosure Document, a franchisee who is transferring their franchise, along with their owners and their spouses, must sign a non-competition covenant in favor of Petro Stopping Center. This covenant takes effect on the date of the transfer. By signing this, the franchisee agrees to be bound by the restrictions outlined in the franchise agreement.

Additionally, the transferring franchisee and their owners must agree that they will not, directly or indirectly, identify themselves or any business as a current or former Petro Stopping Center, or as one of its licensees or franchisees. This restriction applies at any time and in any manner, except with respect to other Petro Stopping Centers they own and operate. They are also prohibited from using any Mark, any colorable imitation of a Mark, or other indicia of a Petro Stopping Center for any purpose. Furthermore, they cannot utilize any trade name, trade or service mark, or other commercial symbol that suggests a connection or association with Petro Stopping Center.

This non-competition agreement ensures that the transferring franchisee does not leverage their past association with Petro Stopping Center to unfairly compete with the brand after the transfer. This protects Petro Stopping Center's brand reputation, customer goodwill, and market position. It is a standard practice in franchising to include such covenants to maintain brand consistency and prevent former franchisees from using proprietary knowledge to compete against the franchise system.

Prospective franchisees should carefully review the specific restrictions outlined in the franchise agreement to fully understand the scope and duration of the non-competition covenant. It is also advisable to seek legal counsel to assess the enforceability of these provisions in their specific jurisdiction.

Disclaimer: This information is extracted from the 2025 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.