Where can I find the Deck Medic Franchise Agreement exhibit?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
| Ownership Interest Percentage | | | |
| --------------------------------------- | --------------- | ------------------------- | ------------------------------- | -- | -- | -- |
|---|---|---|---|---|---|---|
| Name of designated | ||||||
| Managing Owner: | ||||||
| Franchisee: | ||||||
| Signature of Franchisee | Signature of Franchisee | |||||
| Name (please print) | Name (please print) | |||||
| Dated | Dated |
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;
WHEREAS, you represent to us that you are either: (a) an Owner of Franchisee such that you own or control a legal, equitable or beneficial ownership or equity interest in Franchisee and/or otherwise meet the definition of an "Owner" as set forth in this Agreement; and/or (b) the "Spouse" of an Owner of Franchisee;
WHEREAS, you acknowledge that this Agreement will apply to you individually, jointly and severally with all others who sign this Agreement (including if this Agreement is signed in counterparts or electronically among other Owners and Spouses);
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, the Franchise Agreement itself is not explicitly labeled as an "exhibit" within the provided excerpts. However, several exhibits related to the Franchise Agreement are mentioned. Exhibit 1 is the "Owner and Spouse Agreement and Guaranty." Exhibit 2 is a sample Confidentiality Agreement. Additionally, Exhibit J contains receipts related to the Franchise Disclosure Document.
Prospective Deck Medic franchisees should note that these exhibits are separate legal documents that supplement the main Franchise Agreement. The Owner and Spouse Agreement, for example, places obligations on the owner and their spouse, while the Confidentiality Agreement is a template for franchisees to use with their own employees or contractors. It is important to carefully review all exhibits and schedules attached to the Franchise Agreement, as they contain important terms and conditions.
Furthermore, the FDD includes state-specific amendments to the Franchise Agreement for California and Illinois. These amendments address specific legal requirements in those states, such as prohibitions against waiving claims under state franchise law or designating jurisdiction and venue outside of Illinois. Franchisees operating in these states should pay close attention to these amendments, as they modify the terms of the standard Franchise Agreement.
To locate the complete Franchise Agreement, a prospective franchisee should carefully review the entire FDD document, paying close attention to any appendices or attachments. It would also be prudent to directly ask Deck Medic for a complete copy of the Franchise Agreement and all associated exhibits during the due diligence process. Consulting with an attorney experienced in franchise law is highly recommended to fully understand the terms and conditions of the Franchise Agreement and its related documents.