Are franchise non-compete’s enforceable?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Are franchise non-compete’s enforceable?
If so, what are “reasonable” terms?
Asked on November 19, 2012 under Business Law, Utah
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, a franchise non-compete is enforceable. As for reasonable terms: it varies with the situation and the industry/market. For, say, a restaurant franchise: a reasonable noncompete would probably be to not open any restaurant (franchise or not) which competes with the franchise (same market, same customers) in, say, a 10 mile radius. The length of time for the noncompete could also very, and would typically be 1 - 3 years for someone who'd been an owner of that franchise location.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.