Where is Section 15.3 of the Amerispec Inspection Services Franchise Agreement amended?
Amerispec_Inspection_Services Franchise · 2025 FDDAnswer from 2025 FDD Document
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- Section 21 of the Agreement is amended by adding the following language:
- "Minn. Stat. Sec. 80C.21 and Minn. Rule 2860.4400J, prohibit the Company from requiring litigation, to be conducted outside Minnesota. In addition, nothing in the DISCLOSURE DOCUMENT or agreement can abrogate or reduce any of the Franchisee's rights as provided for in Minnesota Statutes, Chapter 80C, or Franchisee's right to any procedure, forum, or remedies provided for by the laws of the jurisdiction."
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- Sections 3(04), 16, and 19(02) of the Agreement are amended by adding the following language:
- "With respect to franchises governed by Minnesota law, the Company will comply with Minn. Stat. Sec. 80C.14, Subds. 3, 4 and 5 which require, except in certain specified cases, (1) that a Franchisee be given 90 days' notice of termination (with 60 days to cure) and 180 days' notice for non-renewal of the Franchise Agreement, and (2) that consent to the transfer of the franchise will not be unreasonably withheld."
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- Section 10 of the Agreement is amended by the addition of the following language:
- "The Company will protect the Franchisee's right to use the trademarks, service marks, trade names, logotypes or other commercial symbols or indemnify the Franchisee from any loss, costs or expenses arising out of any claim, suit or demand regarding the use of the name.
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- Section 20 of the Agreement is amended by the addition of the following language:
- "The franchisor may seek injunctive relief; however, franchisee cannot consent to the franchisor obtaining injunctive relief. A Court will determine if a bond is required."
- "The Limitations of Claims must comply with Minnesota Statutes, Section 80C.17, Subd.5."
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- In all other respects, the Franchise Agreement will be construed and enforced according to its terms.
TCB AMERISPEC, LLC
ADDENDUM TO FRANCHISE DISCLOSURE DOCUMENT FOR THE STATE OF NEW YORK
The following information applies to franchises and Franchisees subject to New York statutes and regulations. Item numbers correspond to those in the main body:
1. Cover Page
Risk Factors:
Source: Item 23 — Receipts (FDD pages 47–172)
What This Means (2025 FDD)
According to the 2025 Amerispec Inspection Services Franchise Disclosure Document, there is no specific mention of Section 15.3 being amended. However, Item 23 includes addenda to the Franchise Disclosure Document for California, and Minnesota, which state that certain sections of the agreement are amended. For example, for Minnesota, Section 21 is amended regarding litigation, Sections 3(04), 16, and 19(02) are amended regarding termination and transfer, Section 10 is amended regarding trademark protection, and Section 20 is amended regarding injunctive relief.
In California, Item 3 is amended to address orders from securities associations, Item 6 is amended to note the interest rate permitted by law, Item 10 is amended to note that AmeriSpec will obtain financing licenses, and Item 17 is amended to address liquidated damages, termination, transfer, nonrenewal, required disclosure documents, termination upon bankruptcy, and general releases.
It is important to note that these amendments are specific to franchisees in California and Minnesota. The FDD states that in all other respects, the Franchise Agreement will be construed and enforced according to its terms. A prospective franchisee should carefully review the full Franchise Agreement and any state-specific addenda to understand their rights and obligations.
To confirm whether Section 15.3 is amended in any way, a prospective franchisee should ask Amerispec Inspection Services directly for clarification and to provide any additional addenda or modifications that may apply to their specific situation or jurisdiction.