In New York, can I terminate the Chem Dry agreement on any grounds available by law?
Chem_Dry Franchise · 2024 FDDAnswer from 2024 FDD Document
- The following language replaces the "Summary" section of Item 17(d), titled
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- "Termination by franchisee (you)":
You may terminate the agreement on any grounds available by law.
- The following is added to the end of the "Summary" sections of Item 17(v), titled "Choice of forum", and Item 17(w), titled "Choice of law":
The foregoing choice of law should not be considered a waiver of any right conferred upon the franchisor or upon the franchisee by Article 33 of the General Business Law of the State of New York.
Source: Item 23 — Receipts (FDD pages 68–264)
What This Means (2024 FDD)
According to Chem Dry's 2024 Franchise Disclosure Document, franchisees in New York have specific rights regarding the termination of their franchise agreement. For franchises offered and sold in New York, the standard summary section of Item 17(d), titled "Termination by franchisee (you)," is replaced with a statement clarifying the franchisee's termination rights.
Specifically, Chem Dry franchisees in New York may terminate the agreement on any grounds available by law. This means that the franchisee is not limited to the termination conditions outlined elsewhere in the franchise agreement and can rely on any legal basis for termination provided under New York state law.
Additionally, the FDD states that to the extent required by applicable law, all rights enjoyed by the franchisee and any causes of action arising in their favor from the provisions of Article 33 of the General Business Law of the State of New York and the regulations issued thereunder shall remain in force. The intent of this provision is to ensure that the nonwaiver provisions of General Business Law Sections 687.4 and 687.5 are satisfied, further protecting the franchisee's rights under New York law.