What article of the Deck Medic Franchise Agreement outlines the conditions for renewal?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
- Article 14.C. of the Franchise Agreement, under the heading "Conditions for Approval of Transfer," subarticle 14.C.(6) is supplemented with the addition of the following language:
; provided, however, that all rights enjoyed by Franchisee and any causes of action arising in Franchisee's favor from the provisions of the Minnesota Franchise Act, Minn. Stat. Section 80C.14 et seq. and Minnesota Rules 2860.4400(D), shall remain in force; it being the intent of this provision that the non-waiver provisions of the Minnesota Rules 2860.4400(D) be satisfied; and
Minnesota law provides a franchisee with certain termination and non-renewal rights. Minn. Stat. Sect. 80C.14 Subdivisions 3, 4, and 5 require, except in certain specified cases, that franchisee be given 180 days-notice of nonrenewal of this Agreement by Franchisor.
- Article 15.B. of the Franchise Agreement, under the heading "Conditions for Renewal," the subarticle 15.B.(8) is supplemented with the addition of the following language:
; provided, however, that all rights enjoyed by Franchisee and any causes of action arising in Franchisee's favor from the provisions of the Minnesota Franchise Act, Minn. Stat. Section 80C.14 et seq. and Minnesota Rules 2860.4400(D), shall remain in force; it being the intent of this provision that the non-waiver provisions of the Minnesota Rules 2860.4400(D) be satisfied; and
Minnesota law provides a franchisee with certain termination and non-renewal rights. Minn. Stat. Sect. 80C.14 Subdivisions 3, 4, and 5 require, except in certain specified cases, that franchisee be given 180 days-notice of nonrenewal of this Agreement by Franchisor.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, Article 15.B of the Franchise Agreement outlines the conditions for renewal. Specifically, for franchisees in Minnesota and New York, sub-article 15.B.(8) is supplemented with language ensuring that the franchisee retains all rights and causes of action arising from the provisions of the Minnesota Franchise Act, the New York General Business Law, and related regulations. This addition emphasizes that non-waiver provisions of these state laws are upheld.
For franchisees in Hawaii, sub-article 15.B.(8) is supplemented to ensure all rights and causes of action arising from the Hawaii Franchise Investment Law remain in force. This amendment clarifies that if any provision in the sub-article is inconsistent with the Hawaii Franchise Investment Law, the latter will take precedence.
These amendments ensure that Deck Medic franchisees in Minnesota, New York, and Hawaii retain their rights under state franchise laws, particularly concerning non-renewal, termination, and transfer of the Franchise Agreement. Prospective franchisees should carefully review Article 15.B and any state-specific amendments to fully understand the conditions for renewing their franchise agreement and their rights under applicable state laws.