What limitation periods apply to arbitration proceedings involving Deck Medic?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
- Article 18.I. of the Franchise Agreement, under the heading "Limitations of Claims," shall be amended by the addition of the following statement added to Article 18.I. of the Franchise Agreement:
Any claims arising under the Maryland Franchise Registration and Disclosure Law must be brought within three years after the grant of the franchise.
Provisions such as those which unreasonably restrict or limit the statute of limitations period for claims under the Act, or rights or remedies under the Act such as a right to a jury trial, may not be enforceable.
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to the 2024 Deck Medic Franchise Disclosure Document, the limitation period for claims arising under the Maryland Franchise Registration and Disclosure Law is three years after the grant of the franchise. This amendment to the franchise agreement specifically addresses claims made under Maryland law.
For franchisees in Washington, the FDD notes that provisions in the franchise agreement that unreasonably restrict or limit the statute of limitations period for claims under the Washington Franchise Investment Protection Act may not be enforceable. This suggests that while the franchise agreement might contain limitations periods, those limitations could be superseded by the state's franchise law.
It is important for prospective Deck Medic franchisees to be aware of these state-specific amendments, especially concerning the statute of limitations. Franchisees should consult with a legal professional to understand the implications of these clauses and how they apply to their specific circumstances, particularly regarding the interplay between the franchise agreement and state franchise laws.