Does the Deck Medic franchise agreement consider each term and provision to be independent of each other?

Based on the 2024 Deck Medic Franchise Disclosure Document, the New York Franchise Agreement Amendment includes a provision that addresses the independence of each term. Specifically, it states that each provision of the amendment is effective only to the extent that the jurisdictional requirements of the New York General Business Law are independently met, without reference to the amendment itself.

This means that if a specific part of the amendment doesn't independently meet the legal requirements of New York, that specific part won't be enforced. However, this does not necessarily invalidate the entire agreement or other parts of the amendment that do meet those requirements. This clause ensures that the Deck Medic franchise agreement complies with New York law and protects the franchisee's rights under that law.

For a prospective Deck Medic franchisee in New York, this provision offers some assurance that their rights under New York franchise law are protected. It prevents the franchisor from using the amendment to circumvent those rights. However, it's important to note that this provision applies specifically to the New York amendment and its interaction with New York law. Franchisees should consult with legal counsel to fully understand their rights and obligations under the franchise agreement and applicable state laws.