According to the Deck Medic franchise agreement, what is Exhibit E?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchise Agreement Exhibit 1 Owner and Spouse Agreement and Guaranty
OWNER AND SPOUSE AGREEMENT AND GUARANTY
This Franchise Owner and Spouse Agreement and Individual Guaranty (the "Agreement") is individually entered into by you as either an owner of __________________________ (hereinafter referred to as "Franchisee"), Franchisee, or the spouse of the owner of franchisee and is given and signed by you in favor of Deck Medic, Inc., franchisor of the Deck Medic franchise system and in favor of Deck Medic, Inc.'s successors and assigns, upon the terms and conditions set forth in this Agreement. In this Agreement Deck Medic, Inc. is referred to as "us", "our" or "we", and each individual that signs this Agreement is referred to as "you".
Recitals and Representations
WHEREAS, Franchisee has entered into a Deck Medic Franchise Agreement (the "Franchise Agreement") for the development and operation of a Deck Medic Business (the "Franchised Business" or "Brand Name Business") that offers and provides professional outdoor wood restoration and power washing services, and related services and products (the "Approved Services and Products") under the Licensed Marks (defined below);
WHEREAS, you represent that you have received and have thoroughly reviewed the completed Franchise Agreement, including Schedules and Exhibits attached to the Franchise Agreement;
WHEREAS, we have recommended that you thoroughly review the Franchise Agreement, this Agreement and all exhibits and schedules to the Franchise Agreement with a lawyer selected and hired by you;
Franchise Agreement Exhibit 2 Confidentiality Agreement
THIS EXHIBIT IS FOR REFERENCE PURPOSES ONLY AS A SAMPLE FORM CONFIDENTIALITY AGREEMENT THAT FRANCHISOR MAY APPROVE FOR USE BY FRANCHISEE – BEFORE USING WITH AN EMPLOYEE OR CONTRACTOR FRANCHISEE SHOULD HAVE THIS AGREEMENT REVIEWED AND APPROVED BY AN INDEPENDENT LOCAL ATTORNEY HIRED BY FRANCHISEE
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
Based on the 2024 Deck Medic Franchise Disclosure Document, there is no mention of an Exhibit E. However, there are references to Exhibit 1 and Exhibit 2 within the franchise agreement. Exhibit 1 is the Franchise Owner and Spouse Agreement and Guaranty, which owners and their spouses must sign, guaranteeing the franchisee's obligations and binding them to confidentiality and non-competition covenants. Exhibit 2 is a sample Confidentiality Agreement that Deck Medic may approve for franchisees to use with their employees or contractors.
Since Exhibit E is not defined, it is important for a prospective franchisee to ask Deck Medic about any exhibits that are not explicitly mentioned but may be relevant to the franchise agreement. Understanding all the exhibits and their implications is crucial before entering into a franchise agreement.
It is standard practice in franchising to have multiple exhibits attached to the franchise agreement, each covering specific aspects of the relationship between the franchisor and franchisee. These exhibits can include items such as the territory map, equipment specifications, or training schedules. Therefore, it is essential for potential Deck Medic franchisees to clarify the existence and content of any missing exhibits to have a complete understanding of their rights and obligations.