Does the Deck Medic franchise agreement disclaim express representations made in the Franchise Disclosure Document?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
| q. | Non-competition covenants during the term of the franchise | 6 | No involvement in any competitive business and must comply with confidentiality, non-disclosure and non solicitation covenants. |
|---|---|---|---|
| r. | Non-competition covenants after the franchise is terminated or expires | 6, 17 | No involvement, ownership or interest whatsoever for 24 months in any competing business in: your Operating Territory; a 25 mile radius of your Operating Territory; the Operating Territory of any other Deck Medic Business; and you must comply with confidentiality, non-disclosure and non-solicitation covenants. |
| s. | Modification of the agreement | 18.L. | Requires writing signed by you and us, except for unilateral |
| changes that we may make to the Manuals or our unilateral | |||
| reduction of the scope of a restrictive covenant that we may | |||
| make in our discretion. | |||
| t. | Integration/merger clauses | 18.M. | Only the terms of the Franchise Agreement and schedules to |
| the Franchise Agreement and the respective signed exhibits | |||
| to the Franchise Agreement are binding, subject to state law. | |||
| Nothing in any agreement is intended to disclaim the | |||
| express representations made in the Franchise Disclosure | |||
| Document, its exhibits and amendments. |
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 34–39)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, the franchise agreement does not disclaim express representations made in the Franchise Disclosure Document (FDD), its exhibits, and amendments. The FDD states that only the terms of the Franchise Agreement, its schedules, and signed exhibits are binding, subject to state law. However, it explicitly clarifies that nothing in any agreement is intended to disclaim the express representations made in the FDD, its exhibits, and amendments.
This means that any promises, statements, or claims made by Deck Medic within the FDD are considered legally binding and cannot be contradicted or nullified by the franchise agreement itself. This provides a level of assurance to the franchisee that the information presented in the FDD is reliable and enforceable.
This type of clause is beneficial for prospective franchisees as it ensures that the representations made by Deck Medic during the franchise sales process, as documented in the FDD, hold legal weight. Franchisees can rely on the information provided in the FDD when making their investment decision, knowing that Deck Medic cannot later disavow those representations through the franchise agreement.