Which law applies to Deck Medic franchisees in North Dakota?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
that the jurisdictional requirements of the New York General Business Law, are met independently without reference to this amendment.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties have duly executed and delivered this New York amendment to Deck Medic, Inc. Franchise Agreement on the same date as the Franchise Agreement was executed.
| Franchisor: Franchisee: Deck Medic, Inc. | | | |------------------------------------------------|---------------------|--| | By: | Signature | | | Signature | | | | Name and Title (please print) | Name (please print) | | | Dated | Dated Signature Name (please print) Dated | |
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.
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- 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."
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Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, the North Dakota Franchise Investment Law, Section 51-19, applies to Deck Medic franchisees who are residents of North Dakota or whose Deck Medic business will be located within the state of North Dakota.
Several provisions of the standard Deck Medic Franchise Agreement are amended to comply with North Dakota law. These amendments include making unenforceable provisions that require North Dakota franchisees to sign a general release upon renewal, consent to termination or liquidated damages, or consent to the jurisdiction of courts outside of North Dakota. Additionally, covenants not to compete are generally considered unenforceable in North Dakota.
For Deck Medic franchisees in North Dakota, North Dakota law will apply, and provisions requiring a franchisee to consent to a waiver of trial by jury or exemplary and punitive damages are not enforceable under Section 51-19-09 of the North Dakota Franchise Investment Law. Furthermore, provisions requiring a franchisee to consent to a limitation of claims within one year are considered unfair, and the statute of limitations under North Dakota Law will apply instead.