factual

Where can I find state-specific addendums related to the Deck Medic Franchise Agreement?

Deck_Medic Franchise · 2024 FDD

Answer from 2024 FDD Document

[Item 23: RECEIPTS]

ILLINOIS FRANCHISE AGREEMENT AMENDMENT

Amendments to the Deck Medic Franchise Agreement:

In recognition of the requirements of the Illinois Franchise Disclosure Act, 815 ILCS 705/1 to 705/45, and Ill. Admin. Code tit. 15, §200.100 et seq., the undersigned agree to the following modifications to Deck Medic, Inc. Franchise Agreement (the "Franchise Agreement") and, if Franchisor and Franchisee both sign Deck Medic, Inc., as follows:

  1. Article 18.F. of the Franchise Agreement, under the heading "Governing Law", shall be amended by the addition of the following statement added after the end of the last sentence of Article 18.F. of the Franchise Agreement:

Illinois Addendum: Illinois law governs the Franchise Agreement.

In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.

Franchisee's rights upon Termination and Non-Renewal are set forth in Sections 19 and 20 of the Illinois Franchise Disclosure Act.

In conformance with Section 41 of the Illinois Franchise Disclosure Act, any condition, stipulation or provision purporting to bind any person acquiring any franchise to waive compliance with the Illinois Franchise Disclosure Act, or any other law of Illinois is void.

  1. Article 18.G. of the Franchise Agreement, under the heading "Choice of Law, Non-Binding Mediation, Binding Arbitration, and Consent to Jurisdiction", shall be amended by the addition of the following statement added after the end of the last sentence of Article 18.G. of the Franchise Agreement:

Illinois Addendum: Illinois law governs the Franchise Agreement.

In conformance with Section 4 of the Illinois Franchise Disclosure Act, any provision in a franchise agreement that designates jurisdiction and venue in a forum outside of the State of Illinois is void. However, a franchise agreement may provide for arbitration to take place outside of Illinois.

Franchisee's rights upon Termination and Non-Renewal are set forth in Sections 19 and 20 of the Illinois Franchise Disclosure Act.


[Item 23: RECEIPTS]

Wisconsin FDD Amendment Amendments to the Deck Medic Franchise Disclosure Document

Item 17, "Renewal, Termination, Transfer and Dispute Resolution," Item 17 is supplemented by the addition of the following:

The Wisconsin Fair Dealership Law Title XIV-A Ch. 135, Section 135.01-135.07 may affect the termination provision of the Franchise Agreement.

STATE SPECIFIC AMENDMENTS TO FRANCHISE AGREEMENT

CALIFORNIA FRANCHISE AGREEMENT AMENDMENT

Amendments to the Deck Medic, Inc. Franchise Agreement

In recognition of the requirements of California Franchise Investment Law, California Corporations Code Sections 31000 through 31516, the undersigned agree to the following modifications to the Deck Medic, Inc. Franchise Agreement (the "Franchise Agreement") as follows:

No statement, questionnaire or acknowledgement signed or agreed to by a franchisee in connection with the commencement of the franchise relationship shall have the effect of: (i) waiving any claims under any applicable state franchise law, including fraud in the inducement, or (ii) disclaiming reliance on any statement made by any franchisor, franchise seller, or other person acting on behalf of the franchisor. This provision supersedes any other term of any document executed in connection with the franchise.

IN WITNESS WHEREOF, the parties have duly executed and delivered this California Amendment to the Deck Medic, Inc. Franchise on the same date as the Franchise Agreement was executed.


[Item 23: RECEIPTS]

NORTH DAKOTA FRANCHISE AGREEMENT AMENDMENT

Amendments to the Deck Medic Franchise Agreement:

In recognition of the North Dakota Franchise Investment Law, Section 51-19, the parties to the attached Deck Medic, Inc. Franchise Agreement (the "Franchise Agreement") agree as follows:

The North Dakota Addendum is only applicable if you are a resident of North Dakota or if your Deck Medic Business will be located within the State of North Dakota.

Article 15 of the Franchise Agreement is hereby amended by the addition of the following language: "Provisions requiring North Dakota franchisees to sign a general release upon renewal of the franchise agreement are not enforceable in North Dakota."

Article 16 of the Franchise Agreement is hereby amended by the addition of the following language: "Provisions requiring North Dakota Franchisees to consent to termination or liquidated damages are not enforceable in North Dakota."

Article 6 of the Franchise Agreement are hereby amended by the addition of the following language: "Covenants not to compete such as those mentioned above are generally considered unenforceable in the State of North Dakota."

Article 18 of the Franchise Agreement is hereby amended by the addition of the following language: "Covenants requiring North Dakota franchisees to consent to the jurisdiction of courts outside of North Dakota may not be enforceable in North Dakota."

Article 18 of the Franchise Agreement is hereby amended by the addition of the following language: "for North Dakota Franchisees, North Dakota law shall apply."

Article 18 of the Franchise Agreement is hereby amended by the addition of the following language: "Provisions requiring a franchisee to consent to a waiver of trial by jury are not enforceable under Section 51-19-09 of the North Dakota Franchise Investment Law."

Article 18 of the Franchise Agreement is hereby amended by the addition of the following language: "Provisions requiring the franchisee to consent to a waiver of exemplary and punitive damages are not enforceable under Section 51-19-09 of the North Dakota Franchise Investment Law."

Source: Item 22 — CONTRACTS (FDD pages 42–43)

What This Means (2024 FDD)

According to the 2024 Deck Medic Franchise Disclosure Document, state-specific addendums to the franchise agreement can be found within Item 23, titled "Receipts." These addendums address specific legal requirements and modifications to the standard Deck Medic Franchise Agreement, ensuring compliance with state franchise laws.

For example, the FDD includes an Illinois Franchise Agreement Amendment that modifies sections of the standard agreement to comply with the Illinois Franchise Disclosure Act. These modifications include stipulations that Illinois law governs the agreement, that any provision designating jurisdiction and venue outside of Illinois is void (though arbitration outside of Illinois is permitted), and that franchisee rights upon termination and non-renewal are as set forth in the Illinois Franchise Disclosure Act. Similarly, there are specific amendments for California and North Dakota.

Prospective Deck Medic franchisees should carefully review these state-specific addendums to understand how the franchise agreement may be altered or supplemented based on the laws of their particular state. This is crucial for understanding their rights and obligations as a franchisee, as well as any potential legal nuances that may arise from operating a Deck Medic franchise in that state. The FDD also includes a Wisconsin FDD Amendment that states the Wisconsin Fair Dealership Law may affect the termination provision of the Franchise Agreement.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.