factual

Does the release agreement for Care Plus Medical Ucc specify a governing law?

Care_Plus_Medical_Ucc Franchise · 2024 FDD

Answer from 2024 FDD Document

  • **5.

Governing Law; Dispute Resolution.** This Guaranty shall be governed by and construed in accordance with the laws of the state of California (without giving effect to its principles of conflicts of law).

The parties agree that any California law for the protection of franchisees or business opportunity purchasers will not apply unless its jurisdictional requirements are met independently without reference to this Section 6.

Source: Item 22 — CONTRACTS (FDD page 41)

What This Means (2024 FDD)

According to the 2024 Franchise Disclosure Document, the governing law for Care Plus Medical UCC's Guaranty agreement is the laws of the state of California, without regard to its conflict of law principles. However, any California law designed to protect franchisees or business opportunity purchasers will not be applicable unless its jurisdictional requirements are satisfied independently, without relying on this specific section of the agreement.

For franchisees in New York, the New York Rider to the Franchise and Multi-Unit Development Agreement specifies that the New York Franchises Law will govern any claim arising under that law, overriding any conflicting provisions in the standard agreement. This ensures that New York franchisees have the protections afforded to them under New York law.

For franchisees in Maryland, the Maryland Rider to the Franchise Agreement and Multi-Unit Development Agreement states that any representations requiring prospective franchisees to assent to a release, estoppel, or waiver of liability do not act as a release, estoppel, or waiver of any liability incurred under the Maryland Franchise Law. Additionally, any provision in the Agreement that provides for a period of limitations for causes of action does not apply to causes of action under the Maryland Franchise Law. Franchisees in Maryland must bring an action under such law within three years after the grant of the franchise. Franchisees also do not waive their right to file a lawsuit alleging a cause of action arising under the Maryland Franchise Law in any court of competent jurisdiction in the State of Maryland.

Disclaimer: This information is extracted from the 2024 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.