factual

What is the definition of 'Covenantor' within the context of the Punch King Fitness franchise agreement?

Punch_King_Fitness Franchise · 2024 FDD

Answer from 2024 FDD Document

y has been delivered in the State of California and shall be construed and enforced in accordance with the laws thereof. Jurisdiction and venue in any action to enforce this Guaranty shall be in any state or federal court within the State of California in the judicial district where Franchisor has its principal place of business. Guarantors consent to the exercise of personal jurisdiction by any such court and waive any defense of lack of personal jurisdiction or improper venue.

| , Individually | GUARANTOR: | |----------------|------------| | , Individually | | | FRANCHISEE: | Signature Name: Title: | | Date: | |

RESTRICTIVE COVENANT AGREEMENT

TO THE PUNCH KING FITNESS FRANCHISE DISCLOSURE DOCUMENT

RESTRICTIVE COVENANT AGREEMENT

THIS AGREEMENT, by and between, (Franchisee),
a [corporation] [partnership] [limited liability company] organized under the laws of the State of
, and (Covenantor), an individual
resident of the State of,
WITNESSETH:
WHEREAS, pursuant to that certain Franchise Agreement dated (the Franchise
Agreement), Punch King Fitness, Inc. (Franchisor) granted Franchisee a franchise to operate a Punch King
Fitness Franchised Business (the Franchise), using Franchisor's unique franchise system and Franchisor's
trade name and service mark Punch King Fitness
and other proprietary marks;

Source: Item 22 — CONTRACTS (FDD pages 56–215)

What This Means (2024 FDD)

According to Punch King Fitness's 2024 Franchise Disclosure Document, a Covenantor is defined as an individual resident of a specific state who is also the owner (or spouse of the owner) of the Franchisee. This definition is crucial because the Covenantor is bound by certain agreements and covenants within the franchise agreement, particularly those related to confidentiality, proprietary marks, and non-competition. These covenants are conditions for Punch King Fitness granting the franchise to the Franchisee.

The Covenantor's obligations include maintaining the confidentiality of Punch King Fitness's operating manual, sales and marketing methods, pricing techniques, promotional materials, new product development, financial information, and procedures. The Covenantor must use these trade secrets solely for the Franchisee's benefit and cannot disclose them to any other party during or after the term of the Franchise Agreement. This ensures that sensitive business information remains protected and is not used to benefit competitors.

Additionally, the Covenantor acknowledges Punch King Fitness's rights to its service marks and agrees not to infringe upon or contest the validity of these marks. The Covenantor also agrees to a non-competition clause, which restricts them from engaging in any similar business within 25 miles of any Punch King Fitness franchise for a period of two years after the termination of the Franchise Agreement. This restriction aims to protect Punch King Fitness's market share and prevent former franchisees or their spouses from directly competing with the brand. The Covenantor's agreement to these terms is a significant factor in Punch King Fitness's decision to grant the franchise.

Disclaimer: This information is extracted from the 2024 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.