Does the Southern Steer franchisee understand that Southern Steer or its affiliates may issue franchises or operate competing businesses near the franchisee's Protected Area?
Southern_Steer Franchise · 2025 FDDAnswer from 2025 FDD Document
The Franchisee acknowledges that the rights granted in this Agreement are non-exclusive.
However, so long as Franchisee is not in default of this Agreement, the Franchise Agreement for Multi-Unit Developer's first Southern Steer Business ("Initial Franchise Agreement") or any other agreement between Multi-Unit Developer and Franchisor, Franchisor will not operate or license a third party to operate a Southern Steer Business in the Development Territory for the First Period set out in the Development Schedule attached hereto as Attachment A.
Upon expiration of the First Period, Franchisor has the right to operate and license third parties to operate Southern Steer Businesses in the Development Territory.
- Reservation of Rights.
Notwithstanding Section 2.2, the Franchisor and its Affiliates will have the absolute right to:
(a) Subject to the terms and conditions of the Franchise Agreements between Franchisor and Multi-Unit Agreement regarding the Protected Area defined therein, to use, and license the use of, the System or component(s) thereof, for the operation of Southern Steer Businesses inside or outside the Development Area, regardless of proximity to the Development Area;
(b) To offer and sell any products and services sold at Southern Steer Businesses under any other names and marks, including through alternative channels of distribution anywhere;
(c) To offer and sell, and/or license or franchise others to offer and sell, products and services for Other Businesses and market Other Businesses to anyone, including prospective and existing franchisees anywhere within or outside of the Development Territory;
(d) To acquire businesses that are the same as or similar to the Southern Steer Business and operate such businesses anywhere within or outside of the Development Territory and to be acquired by any third party which operates businesses that are the same as or similar to the Southern Steer Business anywhere within or outside of the Development Territory;
Source: Item 5 — and 7 of the FDD, Section 3.1 of the Franchise Agreement and Section 4.1 of the Multi-Unit Development Agreement are hereby amended to state that payment of the initial franchise fee and development fee will be deferred until We have satisfied Our pre-opening obligations, and You have commenced business operations. (FDD pages 168–290)
What This Means (2025 FDD)
According to the 2025 Southern Steer Franchise Disclosure Document, franchisees should be aware that the rights granted to them are non-exclusive. This means that while a franchisee may have a Development Territory, Southern Steer retains certain rights to operate or license other Southern Steer businesses, even within or near that territory under certain conditions.
Specifically, Southern Steer will not operate or license a third party to operate a Southern Steer Business in the Development Territory for the First Period set out in the Development Schedule attached hereto as Attachment A, so long as the franchisee is not in default of the agreement. However, upon expiration of this First Period, Southern Steer reserves the right to operate and license third parties within the Development Territory.
Southern Steer and its affiliates retain the absolute right, subject to the terms and conditions of the Franchise Agreements regarding the Protected Area, to use and license the System for Southern Steer Businesses inside or outside the Development Area, regardless of proximity. They can also offer and sell products and services under other names and marks through alternative channels and can acquire and operate similar businesses anywhere, including within the Development Territory. This reservation of rights emphasizes that the franchisee's rights are limited and subject to Southern Steer's broader strategic interests.