factual

In North Dakota, what costs and expenses is the prevailing party entitled to recover in any enforcement action related to the 1-800-GOT-JUNK? franchise agreement?

1_800_Got_Junk Franchise · 2025 FDD

Answer from 2025 FDD Document

The Disclosure Document and Franchise Agreement are revised to state that the prevailing party in any enforcement action is entitled to recover all costs and expenses including attorney’s fees.

Source: Item 22 — Contracts (FDD page 24)

What This Means (2025 FDD)

According to the 2025 1-800-GOT-JUNK? Franchise Disclosure Document, the standard franchise agreement is modified for franchisees operating in North Dakota. Specifically, the addendum states that the prevailing party in any enforcement action related to the franchise agreement is entitled to recover all costs and expenses, including attorney's fees. This revision aims to align the agreement with North Dakota law.

For a prospective 1-800-GOT-JUNK? franchisee in North Dakota, this means that if a legal dispute arises concerning the franchise agreement, the party who wins the case can recover the costs associated with the legal proceedings. This includes not only typical court costs but also the attorney's fees incurred during the process. This provision can significantly reduce the financial burden on the prevailing party, as legal fees can often be substantial.

It is important to note that this modification applies specifically to enforcement actions related to the franchise agreement. The franchisee should consult with a legal professional to fully understand the implications of this clause and how it may affect their rights and obligations under the franchise agreement in North Dakota. This addendum serves to protect both the franchisee and 1-800-GOT-JUNK? by ensuring that the agreement adheres to North Dakota law and provides a fair resolution in case of legal disputes.

Disclaimer: This information is extracted from the 2025 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.