The 5-mile radius is still the default territory definition method in most franchise disclosure documents. It persists not because it's accurate — it isn't — but because it's easy to write into an FDD and easy to draw on a PowerPoint slide. When disputes arise, that convenience becomes a liability.
Why the radius territory fails
A radius boundary treats every direction from a franchise location as equally accessible. That is almost never true. Roads have speed limits, signals, turn restrictions, and chokepoints. Geography has rivers, rail yards, and highway interchanges. Two franchise locations four miles apart in a grid city may have no meaningful customer overlap. Two locations six miles apart along a highway corridor may share 30% of their reachable customers.
The practical consequences of this error compound at scale. For a system with 50 franchise units, radius-based population counts can be off by 25–40% at the median. That distortion works both ways: some franchisees are being granted territories that appear to contain 80,000 reachable residents but actually contain 55,000; others are being granted territories that appear to contain 60,000 but actually reach 90,000. Neither party knows until they look.
KEY FINDING
Across 412 US retail origins, the median disagreement between a 5-mile radius and a 15-minute drive-time polygon exceeds 25% on population count. In cities with strong geographic barriers — rivers, rail, highway systems — disagreement routinely exceeds 40%. See: Drive Time vs. Radius: Why circles mislead.
The three failure modes
Radius territories fail in three specific ways that create legal and commercial risk:
Overcounting behind barriers. A 5-mile radius that extends across a river with a single bridge counts residents who, in practice, need 18–22 minutes to reach the location. Those residents are not meaningfully in the franchise's trade area — but they inflate the population count used in the FDD disclosure and in revenue projections.
Undercounting along corridors. A franchise on a major arterial may draw customers from 7–8 miles away in under 15 minutes because the road is wide, fast, and uninterrupted. A 5-mile radius misses all of them — undercounting the realistic trade area and undervaluing the territory.
Disputes at the boundary. Two franchise territories defined by radius circles appear not to overlap when drawn on a map. But their actual customer draw areas — the true 10-minute drive-time polygons — may overlap substantially. The franchisee in unit #1 whose revenue drops after unit #2 opens two towns away has grounds for a dispute, even though the circles don't touch.
The drive-time territory method
A drive-time franchise territory is defined by an isochrone — the boundary of everywhere reachable from a franchise location within a specified drive time. Unlike a radius, the isochrone is computed from the actual road network: it follows roads, respects speed limits, and cannot extend across barriers that don't have crossings.
The shape of a drive-time polygon is asymmetric because the road network is asymmetric. It extends farther along highway corridors and contracts around intersections, cul-de-sacs, and water features. This asymmetry is the point — it reflects reality.
What goes into the polygon calculation
A production-quality drive-time polygon for franchise territory use should incorporate:
- Real road network data — OpenStreetMap or equivalent, updated regularly to capture new roads and closures
- Road classification speed profiles — motorway, trunk, primary, secondary, residential speeds set by observed travel data
- Turn restrictions and one-way streets — ignoring these creates phantom access that doesn't exist
- Time-of-day option — for concepts with AM or PM peaks, the territory at 8am may be meaningfully different from the territory at 2pm
The methodology used to generate the boundary should be documented and included in the FDD exhibit. A territory whose definition can be independently reproduced is far more defensible than one produced by an unnamed tool with no documented methodology.
Setting the right drive-time threshold
The drive-time threshold — 5 minutes, 10 minutes, 15 minutes — is the most consequential decision in franchise territory design. Set it too small and franchisees feel underprotected and under-invested. Set it too large and the system cannot expand without territorial disputes.
The threshold should be derived from your category's customer willingness-to-travel (CWT) — the maximum drive time a typical customer will make for a routine visit to your concept. CWT data comes from three sources:
- Franchisee license plate surveys — capture customer zip codes at point of sale, geocode them, and measure the drive time distribution of existing customers
- Industry benchmarks — published by the International Franchise Association and vertical-specific trade groups
- Competitive catchment inference — measure the drive-time polygon of high-performing units and identify where the customer concentration drops off
THRESHOLD BENCHMARKS BY CATEGORY
5–10 min: QSR, convenience, fast-casual, coffee
10–15 min: Casual dining, fitness studios, personal services, childcare
15–20 min: Specialty retail, auto services, urgent care
20–30 min: Destination retail, furniture, healthcare specialty, franchise categories with infrequent visits
Cannibalization analysis
Cannibalization — the reduction in an existing unit's revenue caused by opening a new unit that draws from the same customer pool — is the central concern in multi-unit franchise expansion. Radius analysis is systematically inadequate for detecting it.
The correct method: generate drive-time isochrones from both the existing unit and the proposed new location. Calculate the area of polygon intersection as a percentage of each polygon's total area. This overlap percentage is your cannibalization exposure index.
Industry experience suggests that overlap above 15% warrants formal review; overlap above 25% typically indicates material cannibalization risk. These thresholds vary by category — high-frequency concepts (coffee, QSR) are more sensitive to overlap than low-frequency concepts (furniture, specialty medical).
Documenting this analysis — with the polygon coordinates, overlap percentage, and methodology — creates a record that protects the franchisor in future disputes: either the analysis shows the territories are sufficiently separate, or it shows the risk was quantified and disclosed.
FDD documentation
Item 12 of the Franchise Disclosure Document covers territorial rights. For drive-time polygon territories to be properly disclosed, the exhibit should include:
- The drive-time threshold (e.g., "10-minute drive time")
- The routing methodology: road network source, speed profiles, time-of-day settings
- A visual map of the polygon
- The polygon coordinates in a standard format (GeoJSON, KML, or WKT)
- The population count within the polygon (source: US Census ACS)
- The tool used to generate the boundary, with version or data vintage noted
This level of documentation makes the territory definition reproducible. Any party in a dispute — franchisee's counsel, a mediator, an arbitration panel — can verify the polygon independently using the same methodology. That reproducibility is what makes drive-time territories more defensible than radius circles, which can be challenged by any alternative radius tool that produces different results.
Step-by-step: defining a franchise territory in DriveZone
- Enter the franchise address. Type the address or paste coordinates. For multi-unit analysis, upload a CSV of all existing franchise locations to map the full system at once.
- Set the drive-time threshold. Choose the threshold that matches your FDD's territory definition. Use 10 or 15 minutes for most concepts. Use the side-by-side comparison to show both a primary (10-min) and secondary (20-min) zone simultaneously.
- Check demographic counts. Read the population, household count, and median income inside the polygon. Compare these to the claims made in your FDD disclosure. Adjust the territory threshold if the counts differ materially from what the document states.
- Run the cannibalization check. Load the proposed new location alongside the existing unit. Measure the polygon overlap percentage. Document the result.
- Export for FDD documentation. Download the polygon as PDF, GeoJSON, or KML. Attach the export to the FDD Item 12 exhibit. The file includes polygon coordinates, population count, and methodology notation.
FAQ
- What drive time should a franchise protected territory be?
- Most franchise systems define primary protected territories using a 5- to 15-minute drive-time polygon. QSR and convenience concepts typically use 5–10 minutes; casual dining, fitness, and service franchises use 10–15 minutes; destination or specialty concepts may extend to 20–30 minutes. The correct threshold depends on your category's customer willingness-to-travel, which should be established from franchisee performance data before being written into the FDD.
- Are drive-time territories legally enforceable in an FDD?
- Yes. Drive-time polygon territories are legally enforceable. They must be defined precisely — specifying the routing engine, speed profiles, and data vintage — so the polygon is reproducible and auditable. Courts and arbitrators treat reproducible, data-backed boundaries more favorably than arbitrary radius circles.
- How do I measure cannibalization risk between two franchise locations?
- Generate drive-time isochrones from both locations at your primary territory threshold. Calculate the area of polygon intersection as a percentage of each location's total polygon area. Overlap above 15–20% typically indicates meaningful cannibalization risk.
- What data should go into an FDD Item 12 territory exhibit?
- An FDD Item 12 exhibit should include: the drive-time threshold, the routing methodology, a map image of the polygon boundary, polygon coordinates in GeoJSON or KML format, population count within the polygon, and the tool or methodology used to generate the boundary.