What is the geographic scope of the non-compete agreement for Spray Net after the franchise agreement is terminated?
Spray_Net Franchise · 2025 FDDAnswer from 2025 FDD Document
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- For a period of two (2) years after the expiration and nonrenewal, transfer or termination of this Agreement, regardless of the cause, neither Franchisee, its principals, owners and guarantors, nor any member of the immediate family of Franchisee, its principals, owners or guarantors, may, directly or indirectly, for themselves or through, on behalf of, or in conjunction with any other person, partnership or corporation, be involved with any business that competes in whole or in part with Franchisor by offering or granting licenses or franchises, or establishing joint ventures, for the ownership or operation of a Competing Business. The geographic scope of the covenant contained in this Section is any location where Franchisor can demonstrate it has offered or sold franchises as of the date this Agreement is terminated or expires.
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- For a period of two (2) years after the expiration and nonrenewal, transfer or termination of this Agreement, regardless of the cause, neither Franchisee, its principals, owners and guarantors, nor any member of the immediate family of Franchisee, its principals, owners or guarantors, may, directly or indirectly, for themselves or through, on behalf of, or in conjunction with any other person, partnership or corporation:
- a. Own, maintain, engage in, be employed as an officer, director, or principal of, lend money to, extend credit to, lease/sublease space to, or have any interest in or involvement with any other Competing Business:
- i. within the Designated Territory;
- ii. within a fifty (50) mile radius of the Designated Territory;
- iii. within a fifty (50) mile radius of any Spray-Net franchised business
that is open and operating as of the date this Agreement expires and/or is terminated; or
iv. within a fifty (50) mile radius of any other designated territory that has been granted by Franchisor or its affiliates in connection with a Spray-Net franchised business as of the date this Agreement expires and/or is terminated, regardless of whether a Franchised Business is open and operating in that designated territory; or
Source: Item 23 — RECEIPTS (FDD pages 75–219)
What This Means (2025 FDD)
According to Spray Net's 2025 Franchise Disclosure Document, after the termination of the franchise agreement, the franchisee is subject to certain non-compete restrictions. For a period of two years, the franchisee, along with their principals, owners, guarantors, and immediate family members, cannot be involved with any business that competes with Spray Net by offering or granting licenses or franchises, or establishing joint ventures for the ownership or operation of a competing business. This restriction applies to any location where Spray Net can demonstrate it has offered or sold franchises as of the termination date.
Additionally, for the same two-year period, the franchisee and related parties are prohibited from owning, maintaining, engaging in, or being employed by any other competing business within the Designated Territory; within a 50-mile radius of the Designated Territory; within a 50-mile radius of any Spray-Net franchised business that is open and operating; or within a 50-mile radius of any other designated territory granted by Spray Net, regardless of whether a franchised business is operating in that territory.
This means that a former Spray Net franchisee is restricted from engaging in a competing business within their original territory and a significant surrounding area. The restrictions also extend to areas where other Spray Net franchises operate or have been granted territories, even if those franchises are not yet operational. This broad geographic scope could significantly limit a former franchisee's ability to start a similar business after leaving the Spray Net system. Prospective franchisees should carefully consider these post-termination restrictions and how they might impact their future business opportunities.