What is the purpose of Article 6.D in the Deck Medic Franchise Agreement for Deck Medic?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
Article 6 of the Franchise Agreement are hereby amended by the addition of the following language: "Covenants not to compete such as those mentioned above are generally considered unenforceable in the State of North Dakota."
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
Based on the 2024 Deck Medic Franchise Disclosure Document, Article 6.D is not explicitly defined within the provided excerpts. However, the North Dakota Franchise Agreement Amendment modifies Article 6 of the Franchise Agreement, stating that "Covenants not to compete such as those mentioned above are generally considered unenforceable in the State of North Dakota."
This amendment indicates that Article 6 likely contains covenants not to compete, which are clauses that restrict a franchisee's ability to engage in similar business activities during and after the franchise agreement term. The amendment specifically addresses the enforceability of these covenants within North Dakota, suggesting they may not be enforceable under North Dakota law.
Prospective Deck Medic franchisees in North Dakota should be aware that the standard non-compete provisions in their franchise agreement may not be fully enforceable. It is advisable to seek legal counsel to understand the specific implications of this amendment and the extent to which they are bound by non-compete obligations in North Dakota.