What statute of limitations applies to Deck Medic franchisees in North Dakota?
Deck_Medic Franchise · 2024 FDDAnswer from 2024 FDD Document
Article 18 of the Franchise Agreement is hereby amended by the addition of the following language: "Provisions requiring a franchisee to consent to a limitation of claims within one year have been determined to be unfair, unjust and inequitable within the intent of Section 51-19-09 of the North Dakota Franchise Investment Law.
Therefore, for North Dakota franchisees, the statute of limitations under North Dakota Law will apply."
Source: Item 23 — RECEIPTS (FDD pages 43–228)
What This Means (2024 FDD)
According to Deck Medic's 2024 Franchise Disclosure Document, the statute of limitations for franchisees in North Dakota is governed by North Dakota law. This stems from an amendment to Article 18 of the franchise agreement specifically addressing North Dakota franchisees.
Deck Medic acknowledges that any attempts within the franchise agreement to limit claims to within one year are considered unfair, unjust, and inequitable under Section 51-19-09 of the North Dakota Franchise Investment Law. This means Deck Medic cannot enforce a contractual clause that forces a franchisee to bring claims within a shorter timeframe than what is allowed under North Dakota law.
For a prospective Deck Medic franchisee in North Dakota, this is a beneficial provision. It ensures that their rights to pursue legal claims are protected by the full extent of North Dakota's statute of limitations, rather than being prematurely cut off by a clause in the franchise agreement. Franchisees should consult with a legal professional to understand the specific statute of limitations applicable to various types of claims under North Dakota law.