Where must any judicial action or legal proceeding be brought by Deck Medic or the franchisee?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
ffective only to the extent, with respect to such provision, that the jurisdictional requirements of the Illinois Franchise Disclosure Act (815 ILCS 705/1 to 705/45) are met independently without reference to this amendment.
IN WITNESS WHEREOF, the parties have duly executed and delivered this Illinois amendment to Deck Medic, Inc. Franchise Agreement on the same date as the Franchise Agreement was executed.
| Franchisor: Deck Medic, Inc. | Franchisee: | | |---------------------------------|---------------------|--| | By: | Signature | | | Signature | | | | Name and Title (please print) | Name (please print) | | | Dated | Dated Signature Name (please print) Dated | |
MARYLAND FRANCHISE AGREEMENT AMENDMENT
Amendments to the Deck Medic Franchise Agreement:
In recognition of the requirements of the Maryland Franchise Registration and Disclosure Law, the parties to the attached Deck Medic, Inc. Franchise Agreement (the "Franchise Agreement"), as follows:
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- The franchise agreement provides that disputes are resolves through arbitration. A Maryland franchise regulation states that it is an unfair or deceptive practice to require a franchisee to waive its right to file a lawsuit in Maryland claiming a violation of the Maryland Franchise Law. In light of the Federal Arbitration Act, there is some dispute as to whether this forum selection requirement is legally enforceable.
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Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
The 2024 Deck Medic Franchise Disclosure Document includes an amendment specific to Maryland franchisees regarding legal proceedings. It acknowledges a Maryland franchise regulation that considers it unfair or deceptive to require a franchisee to waive their right to file a lawsuit in Maryland for violations of Maryland Franchise Law. While the document mentions disputes being resolved through arbitration, it also notes a dispute regarding the enforceability of forum selection requirements due to the Federal Arbitration Act.
For franchisees in Maryland, the amendment explicitly states that they may bring a lawsuit in Maryland for claims arising under the Maryland Franchise Registration and Disclosure Law. Furthermore, any such claims must be brought within three years after the grant of the franchise. This amendment ensures that Maryland franchisees retain their rights under Maryland law, despite any potentially conflicting terms in the standard franchise agreement.
This amendment provides clarity for Maryland franchisees, ensuring their ability to pursue legal action within their state for specific franchise law violations. Prospective franchisees outside of Maryland should review their franchise agreement carefully to understand the specific venue and jurisdiction requirements for legal proceedings, as these may differ from the terms applicable to Maryland franchisees.