Is Deck Medic's consent to a transfer a waiver of claims against the franchisee?

According to Deck Medic's 2024 Franchise Disclosure Document, Deck Medic's consent to a transfer of any interest does not constitute a waiver of any claims it may have against the franchisee. It also does not waive Deck Medic's right to demand strict and exact compliance with the agreement by the transferee. This means that even if Deck Medic approves a transfer of the franchise to a new owner, Deck Medic still retains all rights to pursue any existing claims against the original franchisee.

This provision protects Deck Medic's interests by ensuring that it can still hold the original franchisee accountable for any breaches of the franchise agreement, even after the franchise has been transferred to a new owner. It also ensures that the new franchisee is fully compliant with the franchise agreement.

For a prospective Deck Medic franchisee, this means that they cannot escape liability for any breaches of the franchise agreement simply by transferring the franchise to someone else. They will remain liable for any outstanding obligations, and Deck Medic can still pursue legal action against them if necessary. This is a fairly standard clause in franchise agreements, designed to protect the franchisor's interests and ensure compliance with the terms of the agreement.