Are the Franchise Agreement and related agreements between Chem Dry and the franchisee considered consumer contracts under California Civil Code Section 1632?

According to Chem Dry's 2024 Franchise Disclosure Document, the Franchise Agreement and all related agreements between Chem Dry and its franchisees are not considered consumer contracts and therefore do not fall within the scope of California Civil Code Section 1632. The FDD specifies that all contract negotiations and discussions between Chem Dry and the franchisee have been conducted exclusively in English.

This means that certain consumer protection laws may not apply to the franchise agreement. California Civil Code Section 1632 generally requires that consumer contracts negotiated primarily in a language other than English must be provided to the consumer in that language. However, since the Chem Dry franchise agreement is explicitly stated not to be a consumer contract and all negotiations are in English, this requirement does not apply.

Prospective franchisees in California should be aware of this provision and understand that the protections afforded to consumers under California Civil Code Section 1632 do not extend to the Chem Dry franchise agreement. It is important for franchisees to carefully review all contract terms and seek legal counsel to fully understand their rights and obligations under the agreement.