What is the heading of Article 18 in the Deck Medic Franchise Agreement?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
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.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have duly executed and delivered this Minnesota State amendment to Deck Medic, Inc. Franchise Agreement on the same date as the Franchise Agreement was executed.
| By: | Signature | |------------------------------------------------|---------------------| | Signature | | | Name and Title (please print) | Name (please print) | | Dated | Dated Signature Name (please print) Dated |
NEW YORK FRANCHISE AGREEMENT AMENDMENT
Amendments to the Deck Medic Franchise Agreement:
In recognition of the requirements of the New York General Business Law, Article 33, Sections 680 through 695, and of the regulations promulgated thereunder (N.Y. Comp. Code R. & Regs., tit. 13, §§ 200.1 through 201.16), the parties to the attached Deck Medic, Inc. Franchise Agreement (the "Franchise Agreement"):
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- Under Article 14.C. of the Franchise Agreement, under the heading "Conditions for Approval of Transfer," the subarticle 14.C.(6) is supplemented with the addition of the following language:
- ; provided, however, that all rights and causes of action arising in favor of Franchisee from the provisions of New York General Business Law Sections 680-695 and the regulations issued thereunder, shall remain in force; it being the intent of this provision that the non-waiver provisions of N.Y. Gen. Bus. Law Sections 687.4 and 687.5 be satisfied.
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- Under Article 15.B. of the Franchise Agreement, under the heading "Conditions for Renewal," the subarticle 15.B.(8)
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to the 2024 Deck Medic Franchise Disclosure Document, Article 18 of the standard franchise agreement is generally related to legal matters and construction. However, the specific heading for Article 18 can vary based on state-specific amendments. For example, in New York, Article 18 is supplemented with a new subarticle 18.Y under the heading "Enforcement and Construction." In Maryland, Article 18.G is under the heading "Choice of Law, Non-Binding Mediation, Binding Arbitration, and Consent to Jurisdiction," while Article 18.I is under the heading "Limitations of Claims." In Illinois, Article 18.F is under the heading "Governing Law," and Article 18.G is under the heading "Choice of Law, Non-Binding Mediation, Binding Arbitration, and Consent to Jurisdiction".
These amendments highlight the importance of understanding the specific legal requirements and protections afforded to franchisees in different states. The variations in Article 18's content across states indicate that Deck Medic tailors its franchise agreement to comply with local laws, particularly those related to franchise registration and disclosure. This can affect how disputes are resolved, what rights a franchisee has, and what legal limitations might exist.
For a prospective Deck Medic franchisee, this means carefully reviewing the franchise agreement and any state-specific addenda with legal counsel. Understanding the nuances of Article 18, especially concerning dispute resolution, choice of law, and limitations on claims, is crucial for protecting their investment and ensuring compliance with all applicable regulations. Franchisees should pay close attention to which state laws govern the agreement and how those laws might impact their rights and obligations.